Salary Transparency Laws in Wisconsin: What Employers Must Disclose

Federal law does not broadly require private employers to disclose salary ranges in job postings. However, the Biden administration issued Executive Order 14065, effective January 1, 2023, which requires federal contractors and subcontractors to disclose salary ranges in job postings and provide pay history information to applicants. The order is enforced by the Office of Federal Contract Compliance Programs (OFCCP). Additionally, the Equal Pay Act, 29 U.S.C. § 206, prohibits wage discrimination based on sex for employees performing substantially equal work. The Fair Labor Standards Act, 29 U.S.C. § 201 et seq., establishes minimum wage and overtime protections. The National Labor Relations Act, 29 U.S.C. § 151 et seq., protects employee rights to discuss wages and working conditions. The EEOC enforces Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, which prohibits compensation discrimination based on race, color, religion, sex, or national origin. The Age Discrimination in Employment Act, 29 U.S.C. § 623, prohibits age-based pay discrimination. While these laws do not mandate salary transparency disclosure, they establish legal frameworks for ensuring pay equity once employment begins.

The EEOC and Department of Justice enforce federal pay discrimination laws. Employers violating federal equal pay or anti-discrimination statutes face liability for back pay, liquidated damages, attorney fees, and injunctive relief. No federal law currently prevents employers from asking job applicants about salary history, though some states and localities restrict this practice. Federal contractors face additional scrutiny under OFCCP audits, which may examine pay equity data across employee classes.

Wisconsin state law does not mandate salary range disclosure in job postings or to employees seeking wage information. Wisconsin Statutes § 111.32 (Fair Employment Act) prohibits discrimination in compensation based on protected characteristics including race, creed, color, disability, sexual orientation, national origin, ancestry, sex, arrest record, or conviction record. Wisconsin Statutes § 111.37 specifically addresses equal pay, requiring employers to provide equal compensation to employees of different protected classes performing substantially equal work under similar working conditions. "Substantially equal work" is determined by actual job performance and content, not job titles or classifications.

Unlike states such as California, Colorado, or New York, Wisconsin does not have a statewide mandate requiring employers to post salary ranges in job advertisements or to disclose compensation information to applicants. Wisconsin also does not restrict employers' ability to ask job applicants about prior salary history, though some localities may have enacted such restrictions. However, Wisconsin's pay equity laws are broader in some respects—they apply to all employers with four or more employees, creating a lower threshold than federal law, which applies to employers with 15 or more employees under Title VII.

The Wisconsin Department of Workforce Development enforces wage and hour laws under Wisconsin Statutes Chapter 103 (Labor Standards), while the Equal Rights Division enforces pay discrimination claims under Chapter 111 (Fair Employment). Wisconsin state law provides for remedies including back pay, front pay, compensatory damages for emotional distress, and punitive damages in cases of intentional discrimination. Notably, Wisconsin allows unlimited compensatory damages for intentional discrimination, whereas federal law under Title VII caps compensatory and punitive damages based on employer size.

Some Wisconsin municipalities, particularly Madison, have enacted local salary transparency ordinances requiring employers to disclose salary ranges for public postings and in response to applicant inquiries. These local ordinances go beyond state law and may apply to both public and private employers operating in those jurisdictions. Wisconsin employers should verify whether they operate in localities with additional transparency requirements.

Wisconsin's pay equity requirements under § 111.37 do not apply to payments made pursuant to a seniority system, merit system, system measuring earning by quantity or quality of production, or differential based on any factor other than sex, race, or other protected characteristic. Exceptions are available where the employer demonstrates the wage differential is justified by legitimate business reasons unrelated to discrimination. This "factor other than" defense is narrowly construed by Wisconsin courts.

Small employers with fewer than four employees are exempt from Wisconsin's Fair Employment Act discrimination prohibitions, though federal law applies to employers with 15 or more employees. Independent contractors and bona fide executives are excluded from certain wage and hour protections but remain subject to anti-discrimination law. Temporary staffing agencies and employment services have specific regulatory frameworks that may affect salary transparency obligations.

Wisconsin law does not require salary disclosure for positions excluded from overtime under the Fair Labor Standards Act (executive, administrative, professional, outside sales, and computer employees), though these employees remain protected by equal pay laws. Employers may establish different pay based on geographic location, job-related skills, or legitimate seniority systems, provided these do not operate as pretexts for discrimination.

Union employees subject to collective bargaining agreements may have wage and classification terms set by contract, and such agreements may include provisions addressing salary transparency. However, unions cannot waive statutory protection against discrimination in pay. Employers operating in multiple states must also comply with local or state salary transparency laws in jurisdictions where employees work, such as California or Colorado, even if those employees are based elsewhere.

The Defense Department and federal agencies have specific rules for federal contractors that supersede state law where more restrictive. Nonprofit organizations and government employers have different regulatory frameworks and may be exempt from certain requirements.

Step 1: Document wage and employment information. Collect your offer letter, pay stubs, employment contract, job description, performance reviews, and communications about compensation from your hiring date forward. Document the work duties you perform daily and the compensation paid to coworkers in similar roles, noting their protected class characteristics (if observable or disclosed). Record dates of specific wage discussions or salary review meetings. Maintain personal records of hours worked, projects completed, and any communications indicating pay decisions. Keep records of any requests you made for salary information or range disclosures and employer responses. Preserve emails, text messages, and notes documenting any statements by management about pay decisions.

Step 2: File an internal complaint if possible. Contact your human resources department or manager in writing, requesting clarity on salary ranges, job classifications, or pay decisions. Keep a copy of this request and any response. Document the date you sent the complaint and to whom. This creates an internal record and may preserve your claim. Some employers have formal wage equity or grievance policies—follow these procedures. Request a written explanation for any pay differential between you and coworkers performing substantially equal work. Document whether management conducted any investigation or took remedial action. Internal complaints are not required by Wisconsin law but strengthen future claims by showing the employer had notice and opportunity to remedy the issue.

Step 3: File a charge with the Wisconsin Equal Rights Division or the EEOC. The Wisconsin Equal Rights Division investigates pay discrimination claims under Wisconsin Statutes § 111.32 and § 111.37. File at the Wisconsin Department of Workforce Development, Equal Rights Division, 201 East Washington Avenue, Room 161, Madison, WI 53708, or online at https://dwd.wisconsin.gov/er/. No filing fee is required. You may file by mail or in person. Include your name, address, phone number, the employer's name and address, the date discrimination occurred, a description of the alleged pay discrimination, the names of witnesses if known, and any supporting documents. There is no strict filing deadline under Wisconsin state law, but federal law requires EEOC charges to be filed within 180 days of the discriminatory act in non-deferral states, or within 300 days in deferral states (Wisconsin is a deferral state). File with the EEOC Chicago District Office (which covers Wisconsin) at https://www.eeoc.gov/ or call 1-800-669-4000. You may file both a Wisconsin charge and an EEOC charge; in fact, filing with Wisconsin automatically becomes a dual-filed charge with the EEOC under the work-sharing agreement.

Step 4: Understand the investigation process. The Wisconsin Equal Rights Division will assign an investigator who will request information from you and the employer regarding the alleged discrimination. The investigator will examine payroll records, job descriptions, performance reviews, and witness statements. This process typically takes 100-150 days but may extend to 180 days or more if complex. The investigator will issue a findings letter concluding whether probable cause exists that discrimination occurred. If probable cause is found, the Division attempts conciliation between you and the employer. If conciliation fails or probable cause is not found, you have the right to file a complaint for hearing before the Labor and Industry Review Commission (LIRC). At the LIRC hearing, both sides present evidence and witnesses. The hearing examiner issues a decision, which may be appealed. The entire administrative process may take one to two years before a final decision. Simultaneously, the EEOC conducts its own investigation using similar procedures and timelines.

Step 5: Determine when to consult an attorney. Contact an employment lawyer immediately if the employer retaliates against you for filing a complaint (Wisconsin Statutes § 111.322 protects against retaliation). Consult an attorney if the employer denies the discrimination claim and you believe you have substantial evidence of pay discrimination based on sex, race, or other protected characteristics. An employment attorney can review your documentation, assess the strength of your claim, and represent you in settlement negotiations or hearings. Many employment lawyers work on contingency (no upfront cost) and can recover attorney fees if you prevail. Request a free initial consultation to assess your claim. Attorneys familiar with Wisconsin fair employment law and LIRC procedures are essential. Consider consulting an attorney before filing if you are uncertain about the strength of your claim or whether your situation falls within protected categories.