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Wisconsin Workplace Harassment Attorneys

What is Employment or Workplace Harassment?

Wisconsin employees are protected from harassment in the workplace by both Wisconsin state law, Wisconsin Fair Employment Act (WFEA), and federal laws, such as Title VII and the Americans with Disabilities Act (ADA).

Generally, harassment is comments or conduct in the workplace that is directly or indirectly about an individual based on a protected category, such as the individual’s race, sex, or disability.  The comments or conduct must be offensive to the individual and must be unwelcome, meaning that the comments or conduct were not invited or also engaged in by the individual.  It is generally also required that the comments or conduct happen repeatedly.

Who Can Be A Harasser?

Under both Wisconsin state and federal laws, an employer can be liable for harassment for the actions of the following:

  • A supervisor or any individual that is higher up in the chain of command over an individual, as that person’s purpose is to represent the employer and the employer’s interests in the workplace
  • A coworker, if a supervisor, a Human Resources representative, or any other individual higher up in the chain of command is aware of the harassment and fails to take steps to stop the harassment
  • A  client, customer, or vendor, who spends time at the workplace

Employer responses to harassment allegations can be critical and should be addressed right away.

Employment or Workplace Harassment Claims

Harassment under the law covers comments and conduct that are far more severe and significant than simple teasing, off-hand comments, or isolated incidents that are not in and of themselves severe enough to pass muster.

To prove an employer is liable for employment or workplace harassment, an individual must generally establish a “hostile work environment” exists in the workplace.  To do so, the individual must establish each of the following:

  • He or she is a member of a protected class (such as race, gender, religion, etc.)
  • Harassing comments or conduct were unwelcome
  • Harassing comments or conduct were “severe or pervasive” enough to create a hostile or abusive work environment
  • There is a basis for employer liability

If a harassed employee cannot satisfy all of these prongs, then they cannot establish harassment.  For this reason, employment or workplace harassment cases can be complex.

The Walcheske & Luzi Difference

At Walcheske & Luzi, LLC  it is our pledge to provide open and honest advice, taking the time to listen, counsel, and advise. We have been characterized by many as a different kind of law firm, providing a certain type of personalized service, attention to detail, and honesty to its clients that other firms either can’t, don’t, or won’t provide.

The materials appearing in this website and on our blog are for general informational purposes only and do not constitute legal advice or create an attorney-client relationship and may not always reflect the most current legal developments. For additional information about our firm, please contact us at 1-262-780-1953 or contact@walcheskeluzi.com