Pregnancy Discrimination Laws in Wisconsin: Your Rights

Federal law prohibits pregnancy discrimination through Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e) and the Pregnancy Discrimination Act of 1978 (42 U.S.C. § 2000e(k)). The Pregnancy Discrimination Act explicitly defines pregnancy discrimination as sex discrimination, ensuring pregnant employees receive the same treatment as other employees with similar ability to work.

Federal law covers employers with 15 or more employees. Under Title VII, employers cannot make decisions regarding hiring, firing, compensation, job assignment, promotions, layoffs, training, fringe benefits, or any other term or condition of employment based on pregnancy, childbirth, or related medical conditions. Pregnant employees with temporary disabilities caused by pregnancy must be treated the same as other temporarily disabled employees regarding leave and benefits.

The Equal Employment Opportunity Commission (EEOC) enforces Title VII. Remedies available federally include back pay, front pay, reinstatement, compensatory damages for emotional distress and harm to reputation, punitive damages (in cases of intentional discrimination), and attorney fees and costs. Employees have 180 days to file a charge with the EEOC in non-deferral states, but this deadline extends to 300 days in deferral states like Wisconsin.

Wisconsin Statute § 111.36 prohibits discrimination against employees based on pregnancy, childbirth, or medical conditions associated with pregnancy or childbirth. This state law is substantially similar to federal law but provides stronger procedural protections and covers all employers with one or more employees, compared to the federal threshold of 15 employees.

Under Wisconsin state law, the Wisconsin Department of Safety and Professional Services (DSPS) enforces employment discrimination statutes through the Equal Rights Division. Wisconsin law explicitly prohibits adverse employment actions including discharge, demotion, wage reduction, denial of benefits, or any other form of discrimination based on pregnancy status. Employers cannot refuse to hire, promote, or provide equal pay to individuals based on pregnancy.

Wisconsin Statute § 103.10 additionally requires employers to provide reasonable accommodations for employees whose pregnancy or pregnancy-related conditions substantially limit major life activities. Reasonable accommodations may include modified work duties, flexible schedules, parking accommodations, or temporary leave. Pregnant employees who are temporarily unable to perform their duties must be treated the same as other temporarily disabled employees regarding leave, benefits, and job protection.

Wisconsin law provides stronger protections than federal law in two key ways: (1) coverage extends to employers with even one employee, versus the federal 15-employee threshold, and (2) the state filing deadline is 300 days from the discriminatory act, providing a longer window than the federal 180-day deadline in non-deferral states. However, Wisconsin operates as a deferral state for EEOC purposes, meaning the 300-day deadline applies when filing state charges. Remedies available under Wisconsin law include back pay, front pay, reinstatement, compensatory damages, and attorney fees.

Wisconsin Statute § 111.36 contains important exceptions and limitations on pregnancy discrimination protections. First, employers are not required to provide benefits or leave that they do not provide to other employees with comparable temporary disabilities. If an employer does not offer disability leave to employees with temporary medical conditions generally, the employer is not required to provide pregnancy-specific leave.

Second, the law does not require employers to provide accommodations that impose undue hardship on business operations. Undue hardship is defined as significant difficulty or expense in relation to the employer's resources and operations. An employer may deny a reasonable accommodation request if implementation would fundamentally alter business operations or create substantial cost burdens.

Third, bona fide occupational qualifications (BFOQs) may apply in narrow circumstances. If pregnancy directly prevents an employee from performing essential job functions and no reasonable accommodation exists, an employer might establish a BFOQ defense. This is rare and must be narrowly tailored. Fourth, at-will employment principles still apply—an employer can terminate a pregnant employee for legitimate, non-discriminatory reasons (poor performance, misconduct, economic layoffs affecting all employees equally). The key is that pregnancy cannot be a factor in the decision.

Fifth, independent contractors are not covered by Wisconsin employment discrimination law; only employees are protected. Sixth, the law does not apply to federal employers or the military, which are covered by separate federal statutes. Seventh, very small employers (one employee) are technically covered by state law but may have practical immunity due to enforcement resource limitations, though this does not eliminate legal liability.

Step 1: Document All Incidents. Keep detailed records of any pregnancy-related discrimination or adverse employment action. Document dates, times, who was present, what was said or done, and any witnesses. If you were fired, demoted, denied a raise, or had hours reduced, write down the stated reason and any comments about your pregnancy. Save all relevant emails, text messages, performance reviews, and written policies. If your employer refused reasonable accommodations, document the request and the denial. Take screenshots of internal communications and keep copies of pay stubs showing wage changes. This documentation becomes critical evidence if your case proceeds to investigation or litigation.

Step 2: Use Internal Complaint Process. Before filing externally, check your employee handbook for internal complaint or grievance procedures. Some employers have ombudspersons, HR complaint lines, or formal grievance systems. File a written complaint with HR or your supervisor's manager, specifically noting that the adverse action was based on pregnancy. Keep a copy of your complaint and any response. While not legally required, using internal processes can demonstrate you gave the employer an opportunity to correct the problem. However, an unsatisfactory internal response does not delay your external filing deadline.

Step 3: File with Wisconsin DSPS Equal Rights Division. Contact the Wisconsin Department of Safety and Professional Services (DSPS), Equal Rights Division at (608) 266-6860 or visit https://dsps.wi.gov/. You have 300 days from the discriminatory act to file a charge. Submit a formal complaint form (available online and by phone) that includes: your name and contact information, employer name and address, date of the discriminatory act, specific description of what happened and how it relates to pregnancy, names of potential witnesses, and any documents supporting your claim (emails, performance reviews, termination letters). You can file by mail, email, or in person. The Division will assign an investigator and notify the employer. Keep your filing receipt and confirmation number.

Step 4: Investigation and Resolution Process. After filing, the Wisconsin DSPS investigator will contact both you and your employer to gather information. The investigation typically takes 60-120 days but can extend longer for complex cases. You may be asked to provide additional documents or attend an interview. The employer will provide their response and evidence. The investigator will interview witnesses and review personnel records. Once complete, the investigator issues a determination letter stating whether probable cause exists that discrimination occurred. If probable cause is found, the case moves to the Voluntary Settlement Conference stage, where you and the employer attempt to reach a settlement with a mediator. If settlement fails, the case may proceed to a hearing before an administrative law judge.

Step 5: Consult an Employment Attorney. Consider consulting with an employment discrimination attorney if: the adverse action was severe (termination, significant wage reduction, major demotion), you have strong documentation, the employer is large enough to afford meaningful damages, or if your complaint is denied and you want to appeal. An attorney can review your evidence, advise on strength of claim, represent you in settlement negotiations, and pursue litigation if necessary. Many employment attorneys work on contingency (no upfront fee; they take a percentage of recovered damages), making representation accessible. Request an initial consultation to discuss your case before the 300-day deadline passes.