Lawmakers passed Senate Bill 20 51-47 Wednesday, an equal pay act allowing workers to pursue compensatory and punitive damages resulting from workplace discrimination in a court of law.
According to bill co-sponsor and Labor Committee Chair Rep. Christine Sinicki, D-Milwaukee, the bill has been in the works for 10 years.
Rebekah Sweeny, spokesperson for Assembly Speaker Mike Sheridan, D-Janesville, attributes the bill's passage to the Democrats' gain of state Assembly majority in November.
""This is the first time Democrats have had a chance to consider measures of their own,"" Sweeny said.
According to Mike Mikalsen, spokesperson for Rep. Steve Nass, D-Whitewater, SB 20 expands upon the current fair employment law, which allows the Department of Workforce Development to resolve cases of discrimination through their administrative process.
""The current law allows the Department of Workforce Development to reinstate a worker, to require that that worker receive all backpay, and … order that attorney fees and costs are covered,"" Mikalsen said.
According to the bill text, those who have been discriminated against will now be able to take action in circuit court to recover compensatory and punitive damages caused by acts of discrimination in the workplace.
Despite passage of the bill, many Republicans feel SB 20 is more about helping trial lawyers than helping workers, and is a ""job-killing bill.""
""This is a payback to trial lawyers for their political activity last fall,"" Mikalsen said.
However, Rep. James Soletski, D-Green Bay, said he doesn't think it is a ""big money maker"" for trial lawyers.
""It's a chance for someone to get some redress for real discrimination in the workplace,"" Soletski said.
Yet Mikalsen believes SB 20, once signed into law, will increase litigation and negatively affect businesses and employment.
""Increased costs mean less money to hire someone or to give to employees in terms of pay increases,"" Mikalsen said.
However, Soletski said he doesn't foresee the bill having a large effect on employment.
""If employers don't discriminate against their employees, we don't have a problem,"" Sweeny explained.
