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AB 513

Relating to: actions in circuit court alleging discrimination in employment, unfair honesty testing, or unfair genetic testing. (FE)

2025-2026 Regular Session Introduced by Clint Anderson and 28 co-sponsors

Allows individuals to sue employers in circuit court for discrimination or unfair honesty/genetic testing, with potential compensatory and punitive damages within caps.

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Bill Summary · AB 513

AB 513 — Summary (Actions in circuit court for employment discrimination, unfair honesty testing, and unfair genetic testing)

Status: Enacted (approved by Governor May 30, 2025 — Chapter 156).
Introduced: February 10, 2025.
Creates: s. 111.397; amends s. 111.39 (notice and review provisions).

Main purpose

To allow the Department of Workforce Development (DWD) or an individual who alleges they were discriminated against (including by unfair honesty or genetic testing) to bring a civil action in Wisconsin circuit court — in addition to or instead of pursuing administrative proceedings — and to authorize compensatory and punitive damages in such court actions subject to statutory caps.

Key provisions and changes

  • Civil action in circuit court

    • DWD or an individual "alleged or found" to have been discriminated against or subjected to unfair honesty/genetic testing may sue an employer, labor organization, or employment agency in circuit court (new s. 111.397(1)(a)).
    • An individual is not required to file an administrative complaint with DWD before suing.
    • Actions must be commenced within 300 days after the alleged act.

  • Consolidation with administrative judicial review

    • If a petition for judicial review of a commission decision is filed, the circuit court must consolidate that review proceeding with the civil action.

  • Remedies available in circuit court

    • If the court finds unlawful discrimination or testing, it may order any relief available in an administrative proceeding (e.g., reinstatement, back pay, costs, attorney fees).
    • The court must also (subject to caps) award compensatory and punitive damages for future economic losses and noneconomic harms (pain and suffering, emotional distress, mental anguish, loss of enjoyment of life, etc.).

  • Statutory damage caps (total for future economic + noneconomic + punitive)

    • Employers with ≤100 employees: up to $50,000
    • >100 and <201 employees: up to $100,000
    • >200 and <501 employees: up to $200,000
    • >500 employees: up to $300,000
    • DWD must annually increase these caps if the Consumer Price Index (CPI) rose the prior year and publish revised caps in the Wisconsin Administrative Register.

  • Notice requirements amended

    • DWD and the Employment Relations Commission must provide complainants with notice about the right and time limits to bring circuit-court actions under the new statute.

Who is affected

  • Employees and job applicants alleging discrimination under Wis. Stat. ch. 111, including claims involving unfair honesty testing (s. 111.37) or unfair genetic testing (s. 111.372).
  • Employers, labor organizations, and employment agencies operating in Wisconsin (exposure to additional civil liability and damages).
  • DWD and the Department of Justice (DWD may bring suits and would refer litigation to DOJ and reimburse DOJ for costs).

Fiscal and procedural impacts

  • DWD fiscal estimate: one‑time $5,000 cost to revise public materials; modest indeterminate ongoing costs (annual CPI updates, publishing). DWD anticipates these costs are absorbable within current budgets. If DWD brings cases, it would refer them to DOJ and reimburse DOJ for litigation costs.
  • Procedural timeline: 300‑day filing deadline for civil actions; circuit court consolidation required if judicial review of commission decision is pending; claimants may choose administrative remedies, judicial review, or a court action.

Practical effect

AB 513 expands enforcement options by providing a private, judicial remedy with compensatory and punitive damages (previously unavailable in administrative proceedings). It balances that expansion with statutory caps tied to employer size and CPI adjustments, and preserves administrative remedies and review paths.

Compiled from official sources — confirm details with the bill’s official record.

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