Wisconsin workers are getting older, so keep these key points in mind

A significant element in proving an age discrimination claim in Wisconsin is that the claimant is 40 years old or older. With Wisconsin’s median age hovering right above 40, employers should be mindful of the rights of workers aged 40 and older to avoid exposing themselves to potential litigation.

Establishing an age discrimination claim

The Wisconsin Fair Employment Act (WFEA) enumerates a wide variety of protected classes, one being a safeguard from age discrimination. The federal Age Discrimination in Employment Act (ADEA) offers protections similar to the WFEA but only extends to employers with 20 or more workers. Conversely, the WFEA is a bit more expansive in that it applies to nearly all employers, public and private, irrespective of how many employees an employer may have.

When alleging an age discrimination claim, an employee bears the burden of proving the following four elements: