Sexual Harassment Laws in Wisconsin: Your Rights at Work

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits sexual harassment as a form of sex discrimination in the workplace. The law covers employers with 15 or more employees, including private employers, state and local governments, and employment agencies. The EEOC enforces Title VII and recognizes two primary forms of sexual harassment: (1) quid pro quo harassment, where employment decisions are conditioned on sexual favors, and (2) hostile work environment harassment, where unwelcome conduct of a sexual nature is severe or pervasive enough to alter the conditions of employment.

Federal law defines sexual harassment broadly to include unwelcome sexual advances, requests for sexual favors, verbal or physical conduct of a sexual nature, and other sex-based conduct that interferes with work performance or creates an intimidating, hostile, or offensive environment. The standard is objective—whether a reasonable person in the same circumstances would find the conduct hostile or offensive.

Under federal law, employers are strictly liable for quid pro quo harassment by supervisors. For hostile work environment harassment, employers are liable if they knew or should have known about the conduct and failed to take prompt, effective corrective action. The EEOC enforces Title VII and can award back pay, front pay, compensatory damages for emotional distress, and, in cases of intentional discrimination, punitive damages up to $300,000 for large employers. Employees must file an EEOC charge within 180 days of the harassment (or 300 days in states with deferral agencies like Wisconsin).

Wisconsin Statute § 111.36 prohibits sexual harassment and sex-based discrimination in employment and applies to all employers with one or more employees—a threshold significantly lower than federal law's 15-employee requirement. This means Wisconsin provides broader coverage and protects employees at smaller employers that fall outside Title VII protection.

Wisconsin's sexual harassment law is substantively similar to federal law but provides stronger remedies and procedural protections. The statute prohibits unwelcome conduct of a sexual nature that affects employment terms or conditions or creates a hostile, intimidating, or offensive work environment. Wisconsin courts interpret this standard broadly and allow victims to pursue claims even when the conduct might not meet federal law's "severe or pervasive" threshold.

Under Wisconsin law, employers with 15 or more employees must establish written sexual harassment policies and complaint procedures under Wisconsin Administrative Code DSPS 3.03. These policies must describe prohibited conduct, provide clear reporting mechanisms, and outline the investigation and disciplinary process. This requirement goes beyond federal law, which does not mandate written policies, though they are considered best practice. Wisconsin also recognizes employer liability for harassment by non-supervisory employees and third parties (clients, customers) if the employer knew or should have known about the conduct and failed to take corrective action.

Wisconsin allows victims to recover compensatory damages for lost wages, emotional distress, and harm to reputation, plus punitive damages in cases of intentional discrimination, attorney fees, costs, and reinstatement or front pay. The Wisconsin Department of Safety and Professional Services (DSPS) administers and enforces the law. Victims must file a complaint within 300 days of the harassment (calculated from the last incident of harassment), which is longer than the federal 180-day deadline in non-deferral states but aligns with federal deferral state rules.

Wisconsin law recognizes several important exceptions and limitations to sexual harassment claims. Conduct that is purely social or consensual between adults is generally not actionable, even if it occurs in the workplace, unless it affects employment decisions or creates a hostile environment. Isolated incidents of minor conduct may not rise to the level of harassment, though Wisconsin courts apply a lower threshold than federal courts and may find single severe incidents sufficient.

Employers have a strong affirmative defense if they prove they (1) adopted and enforced a written sexual harassment policy with effective complaint procedures, (2) promptly and thoroughly investigated reported harassment, and (3) took corrective action designed to stop the harassment and prevent recurrence. This defense does not apply to quid pro quo harassment by supervisors, where employers are strictly liable. Isolated conduct by non-supervisory employees does not create automatic employer liability if the employer can demonstrate it responded appropriately once aware of the conduct.

Conduct protected by the First Amendment, such as certain forms of speech or artistic expression, may not constitute sexual harassment in some contexts, though offensive speech in the workplace is generally not protected. Employers may also raise a comparative fault defense if an employee provoked or invited the conduct, though Wisconsin courts scrutinize this defense carefully. Additionally, conduct that does not relate to sex or gender does not qualify as sexual harassment even if it is offensive or discriminatory on other bases. Union employees may have additional procedural requirements under collective bargaining agreements, including grievance procedures that may delay or replace administrative complaints. Finally, workers classified as independent contractors are not protected under Wisconsin employment discrimination law, though the classification is subject to misclassification challenges.

Step 1 — Document Everything: Keep detailed written records of all harassment incidents as they occur. Document the date, time, location, what was said or done, who witnessed it, how you responded, and how the conduct affected you (emotional impact, work performance, health effects). Save emails, texts, or other written communications that constitute or reference harassment. Preserve photographs if the harassment involved physical conduct. Create copies and store them outside your workplace if possible. Do not delete communications even if they are uncomfortable to review, as they are crucial evidence.

Step 2 — Report Internally: Review your employer's sexual harassment policy and complaint procedure, which should be in your employee handbook. File a formal complaint with Human Resources, a designated compliance officer, or your supervisor (unless the supervisor is the harasser, in which case go to HR). Document your report in writing by email if possible, or follow up an oral report with an email summarizing what you reported and when. Request confirmation that your complaint was received and ask what the investigation timeline will be. Keep a copy of your complaint. This step is important because it gives the employer an opportunity to address the harassment and may be required before filing an external complaint.

Step 3 — File with the Wisconsin Department of Safety and Professional Services (DSPS): If internal remedies fail or you prefer to file externally, contact DSPS Equal Rights Division. You must file within 300 days of the harassment (measured from the last incident). Submit a written complaint that includes your name, contact information, employer name and address, date and description of the harassment, name of the harasser, names of witnesses, what you reported internally if applicable, and damages you seek. You can file online at dsps.wi.gov, by mail to the Equal Rights Division, or by phone at (608) 266-6860. The filing is free. You may also file a simultaneous federal EEOC charge, which will be cross-filed.

Step 4 — DSPS Investigation Process: After you file, DSPS will send you and the employer a notice of complaint. The agency will conduct an investigation, which typically takes 30–120 days. DSPS will request documents from the employer (harassment policy, complaint records, investigation notes, personnel files, emails). The investigator will interview you, the harasser, witnesses, and other relevant employees. You will be asked to provide written statements, answer investigator questions, and may participate in a settlement conference. The employer will have an opportunity to respond to your allegations. Once investigation concludes, DSPS will issue a "Determination" letter stating whether there is probable cause that the employer violated the law. If probable cause is found, the matter may proceed to a hearing before an administrative law judge (ALJ) or settlement negotiations. If no probable cause is found, you may appeal or request a de novo hearing.

Step 5 — Consider Legal Representation: Consult with an employment law attorney experienced in sexual harassment cases. An attorney can help you prepare your complaint, gather evidence, communicate with the employer and DSPS, and negotiate settlements. Most employment attorneys work on contingency in discrimination cases, meaning they collect attorney fees from the employer if you win rather than charging you upfront. An attorney becomes essential if DSPS finds probable cause and the matter goes to hearing, as the hearing process is similar to litigation and requires legal strategy. A Wisconsin employment law attorney can also advise whether filing a civil lawsuit in state or federal court is preferable to the administrative process.