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Wisconsin Retaliation

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One employee has made several discrimination complaints with the EEOC and Human Resources. Can I fire her for being a trouble-maker, in Wisconsin?

According to Title VII of the Civil Rights Act of 1964, the answer to your question is no. Title VII protects citizens from discrimination based on country of origin, race, color, sex and religion. This law also provides protection from retaliation for workers who complain about their employers.

This law applies not only in Wisconsin, but in the entire United States. No matter the nature of the complaints–valid or not–an employer is prohibited by law from finding an excuse to dismiss an employee just because that employee files complaints with EEOC and/or Human Resources.

Firing an employee for complaining can constitute retaliation, which is completely illegal, but other actions are considered retaliation, as well. Demoting an employee, lowering her pay, or changing the tasks required of her job can be considered retaliation. Discouraging other employees from interacting with her, or excluding her from company functions is a form of retaliation. Passing her over for entitled promotions or pay raises is yet another action of retaliation and is prohibited by Title VII.  Simply put; retaliation is illegal.

Woodward Governor, a company based in Fort Collins, Colorado recently settled two suits in Illinois, which illustrates Title VII in action. Employees filed a complaint in 2002, claiming that Woodward Governor discriminated against African American, Hispanic and Asian workers, and against women in their plants in Rockford and in Rockton, Illinois. The EEOC investigation found those complaints to be valid and filed both a race discrimination suit in 2003 and a sex discrimination suit in 2006.

The employees continued to work at both plants during the investigation and resulting court action. Woodward Governor paid out 5 million dollars to settle the discrimination suits. If the company had retaliated, however, their costs and penalties would have been much greater.

The bottom line is, firing a troublemaker won’t end the trouble, but make the trouble worse.  JH