To: Kenneth E. Phillipps who wrote (129158 ) 4/6/2012 7:30:12 PM From: tonto 3 Recommendations Read Replies (1) | Respond to of 224759 Correct. He is working to find more employment for Wisconsin residents. WUWM NEWS | MAR 20, 2012 Gov. Scott Walker will sign a number of bills into law this week. They’re the result of the Legislature’s final, regular flood period of the year. It ended last week. One bill the governor might sign would limit the damages a worker could seek from an employer in discrimination cases. As WUWM’s Ann-Elise Henzl reports, the measure – like many this session – was touted as a “pro-business” reform. For the last couple of years, Wisconsin has had a law called the Equal Pay Enforcement Act. The previous Legislature approved it, in 2009. “I originally introduced this legislation because I was concerned over the disparity in wages between men and women in our workforce," said Democratic state Sen. Dave Hansen of Green Bay, testifying at a hearing last fall. “Women nationally earn approximately 77 cents on the dollar compared to men. Here in Wisconsin, women earn 75 percent of that earned by their male colleagues,” Hansen says. Wisconsin’s Equal Rights Division reviews accusations of workplace discrimination, and if founded, can order the employer to pay a worker back wages and perhaps rehire the person. Hansen’s Equal Pay Enforcement Act gave the worker the additional option of going to state court to sue for compensatory and punitive damages. This session, the GOP-led Legislature approved a bill repealing the act. West Bend Republican Sen. Glenn Grothman authored the measure. “This is an important bill because it improves Wisconsin’s business climate. To continue to have a law on Wisconsin books which makes it less advantageous to do business in Wisconsin than our surrounding states is not good for men or women,” Grothman says. Grothman insists it’s too expensive for businesses to protect themselves from the threat of compensatory and punitive damages. Likewise, Milwaukee attorney Tom O’Day urged lawmakers to repeal the act. He has represented companies in Wisconsin. “More than anything in my experience, businesses are looking for stability and predictability from state government. And when punitive and compensatory damages are available for employees to claim in discrimination cases at the state level, there’s less predictability -- and costs to a business -- and that leads to less investment and employees in the business and in the state of Wisconsin,” O’Day says. O’Day says the Equal Pay Enforcement Act also threatens to clog the state court system with complaints against employers. He says, even if Wisconsin repeals its law, victims of workplace discrimination retain another option for pursuing damages. “The processes for punitive and compensatory damages, those remedies are available under federal law. And if an employee truly feels – if their legal counsel and others – truly feel that punitive and compensatory damages are something that is applicable and something that they would like to go after, they have that route on the federal side,” O’Day says. The federal court system has drawbacks, according to Mequon attorney Gordon Leech. He represents people filing claims of workplace discrimination. “The discovery rules in federal court are just more burdensome and expensive, and harder to comply with,” Leech says. Besides, Leech says, the state’s Equal Pay Enforcement Act offers an advantage over federal lawsuits: under state law, workers can sue for a wider range of discrimination. “Marital status, sexual orientation, arrest or conviction record and military service,” Leech says. Marquette University Business Professor Cheryl Maranto says she understands both sides’ perspectives. “I totally understand from the employers' perspective the threat of a suit is a big deal and that indeed there are also frivolous suits and frivolous complaints that are filed,” Moranto says. Yet Maranto says there’s no evidence the existing state law is clogging the courts. She says complaints must first make it through the Equal Rights Division investigation and hearing process. During the past couple of years, an average of fewer than 40 cases qualified, and none has made it to court. “When you have 37 cases that are even potentially subject to compensatory and punitive damages, that’s just not evidence that this is a big problem that employers are being weighed down by this terrible burden. Plus, if they’ve been discriminating, they should be weighed down upon for that behavior,” Moranto says. Gov. Walker’s office says he is still reviewing the issue.