Filing Complaints of Discrimination

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The City of Wauwatosa encourages anyone who believes that they have been discriminated
against to file a formal complaint with the State of Wisconsin Equal Rights Division. 

Below is a resource list of how to file a complaint of discrimination.

State

The Wisconsin Department of Workforce Development, Equal Rights Division administers provisions of the Wisconsin Statutes that prohibit discrimination in employment, housing, public places of accommodation or amusement, post-secondary education (due to disability) among others.

View information on the types of violations described below and how to file complaints of discrimination.

Employment

The Wisconsin Fair Employment Act prohibits discrimination in employment on the basis of age, arrest and/or conviction record, ancestry, color, national origin or race, creed, disability, genetic testing, honesty testing, marital status, military service, pregnancy or childbirth, sex, sexual orientation and use or nonuse of lawful products off the employer's premises during nonworking hours. 

Housing

The Wisconsin Fair Housing Law prohibits discrimination in housing on the basis of sex, race, color, sexual orientation, disability, religion, national origin, marital status, family status, status as a victim of domestic abuse, sexual assault, or stalking, lawful source of income, age, or ancestry. The County Corporation Counsel receives complaints and enforces the ordinance.

Public Places of Accommodation of Amusement

Wisconsin law prohibits discrimination in places of public accommodation and amusement because of: sex, ancestry, national origin, race, sexual orientation, disability or the presence of a service animal, color, creed, and age (protected for lodging and minors are excluded).

The law prohibits the following types of discrimination based on sex, race, color, creed, disability, sexual orientation, national origin, and ancestry:

  • Denying a person full .and equal enjoyment of a place of public accommodation or amusement
  • Charging a person more than the regular rate
  • Giving preferential treatment to one class of people over another in services or facilities
  • Advertising that a class of people is unwelcome or excluded from a place of public accommodation or amusement or its facilities
  • Charging a higher price, refusing to rent, or giving preferential treatment to one class of people for rental of private facilities
  • Refusing or charging a higher price for car insurance (sex is excluded from protection here)

Age discrimination is only prohibited under this law in the context of lodging. A lodging establishment may not deny an adult full and equal enjoyment or charge a higher rate because of age. It is also prohibited to advertise that an adult will be denied lodging or access to lodging facilities because of age.

Post-Secondary Education

Wisconsin law prohibits publicly funded universities, technical colleges, vocational schools, and other institutes offering training or continuing education from discriminating against students and prospective students because of a physical impairment or developmental disability. In addition, if testing is required for admission, which a prospective student is unable to take because of a physical condition or developmental disability, a good-faith effort must be made to assist that student in demonstrating aptitude.

Federal

Employment

Federal Statutes such as: Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Equal Pay Act, the Genetic Non-discrimination Act, also prohibit discrimination in the work place. These statutes are enforced by the United States Equal Employment Opportunity Commission (EEOC). See information on what constitutes a violation.

Housing

The U. S. Department of Housing and Urban Development (HUD) enforces the Federal Fair Housing Act. Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, because of race, color, religion, sex (including gender identity and sexual orientation), familial status, national origin, and disability. It also requires that all federal programs relating to housing and urban development be administered in a manner that affirmatively furthers fair housing. The Fair Housing Act covers most types of housing, and protects people from discrimination when they are renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities. Learn more about fair housing.

Discrimination in Public Places of Accommodation or Amusement

Title II of the Civil Rights Act of 1964, prohibits discrimination based on race, color, religion or national origin in the provision of goods, services, facilities, privileges, advantages and accommodations of any public places of accommodation. These may include retail stores, restaurants, salons, public transportation, hotels, campgrounds, movie theaters and any other place where accommodations, amusement, goods or services are available. Title II is enforced by the United States Department of Justice

Discrimination based on Disability by Public and Private Entities

Title II of the ADA protects individuals with disabilities from disability-based discrimination in their ability to access the services, programs, or activities of public entities. In addition, Title II requires that individuals with disabilities have access to existing public transportation. Title III of the ADA protects individuals with disabilities from discrimination in their ability to access the goods and services of private entities.  Both of these sections are enforced by the Department of Justice.

Public Entities

A public entity includes any state or local government; any department, agency, or branch of a state or local government; and certain transportation authorities. Title II applies to all programs, activities, and services provided or operated by state and local governments, including activities of state legislatures and courts, town meetings, police and fire departments, motor vehicle licensing, and employment.

Public entities must operate in a manner that is accessible to individuals with disabilities. This means individuals with disabilities have the right to equal access to programs, services, and activities offered by public entities. Accessibility is not limited to physical access. It also includes a responsibility to provide effective communication to individuals with disabilities that is as effective as communication with others.  

Private Entities

Title III of the ADA focuses on private businesses, such as lodgings, restaurants, theatres, grocery stores, places of exhibition or entertainment, service establishments, places of public display or collection, places of education, and commercial facilities among others.  Title III also requires businesses to get rid of discriminatory eligibility standards for accessibility, make reasonable accommodations, and provide auxiliary aids or services when possible to ensure effective communication. Learn how to file an ADA complaint with the Department of Justice.

Discrimination in Education

The United States Department of Education, Office for Civil Rights, has jurisdiction for various types of student complaints in public education. These include discrimination on the basis of race, color, national origin, sex, disability and age. The link below contains information on filing complaints of discrimination. Learn how to file a discrimination complaint with the Office for Civil Rights.