The WFEA prohibits discrimination on the basis of age, race, creed, color, disability, marital status, sex, national origin, ancestry, arrest or conviction record. Discrimination is prohibited in hiring, termination, promotion, compensation, or other terms or conditions of employment. This law applies to persons in public and private employment in Wisconsin. Although it prohibits many of the same kinds of discrimination as the Federal statutes listed below, the range of its remedies and damages is less than the federal laws’. Consequently, it is important to consult with your lawyer when choosing a Federal or State forum.

Title VII is a 1964 law outlawing discrimination against any person on the basis of race, color, religion, sex or national origin. (see 42 USC § 2000e-2(a).) A plaintiff must first file at the Equal Employment Opportunity Commission (EEOC).

The ADA extends civil rights protection in specified areas to individuals with disabilities. The five member conservative majority of the US Supreme Court recently eliminated the right of private individuals to sue the states for damages under this statute. (see Bd. Of Trustees of U. of Alabama v. Garrett) Nevertheless, individuals who work for private corporations, and for other government entities are currently protected under this statute, as long as the employer employs fifteen or more employees.

The ADEA prohibits an employer from discriminating against a person because of their age (persons 40 or over). This law is similar to the provisions of Title VII. As a result, many courts have relied on cases interpreting Title VII to interpret ADEA.

These laws are generally known as 42 USC §§ 1981, 1983, 1985.

Section 1981: According to the Civil Rights Act of 1991, this section applies to discrimination in all phases of allegations of contract discrimination, involving both private and governmental acts of discrimination. This statute is applicable to discrimination based on race, ancestry or ethnic characteristics.

Sec. 1983: This section prohibits discrimination by public sector employers. In some cases, suit under this section is preferable to Title VII, because there is no requirement to file first at the EEOC, and damages can be greater.

Sec. 1985: This section prohibits two or more persons from conspiring to deprive a person or class of persons of “the equal protection of the laws.” The Supreme Court has held that a sec 1985 claim could be applied to reach purely private conspiracies, as well as public conspiracies, those that are alleged to have occurred “under color of state law.” (see Griffin v. Breckenridge, 403 US 88 (1971).)

Employees often require legal assistance to negotiate a severance agreement which will maximize their financial severance while specifically avoiding legal action against employers. This is a very sensitive area and requires skills in negotiation. Atty. McNamara-McGraw has successfully negotiated on behalf of many corporate and professional clients without ever having to file legal claims. The advantage is in cost, both emotional and financial.

Atty. McNamara-McGraw accepts selected appeals to the state and federal appeals courts based on the merits of each case and the commitment of the client to the issues. She loves the challenge of research and writing that meritorious claims offer. Acceptance of an appeal is premised on thorough evaluation of the record of the case.

( see Payne v. Milwaukee County)