Yesterday, Wisconsin Governor Jim Doyle signed a new law that allows plaintiffs in Wisconsin discrimination cases to recover compensatory and punitive damages, if they jump through certain procedural and evidentiary hoops. The new law will take effect after the publication of the 2009-2011 budget bill.
Prior to this new law, the only damages available in a Wisconsin discrimination claim were back pay, reinstatement, potential front pay, and attorney’s fees. Punitive and compensatory damages were only available in federal court. Punitive damages are “punishment” damages, and under the new law must be awarded in the amount the court or jury finds appropriate, subject to certain caps. Compensatory damages are also known as “actual damages” and in employment cases typically involve medical bills, pain and suffering, and emotional distress. Read more…