The Wisconsin Fair Employment Act (WFEA, Wis. Stat. § 111.31 et seq.) is one of the oldest state anti-discrimination laws in the country, predating Title VII by more than a decade and covering employers with as few as one employee. The WFEA prohibits discrimination in employment based on age, ancestry, arrest record, conviction record, color, creed, disability, genetic testing, honesty testing, marital status, military service, national origin, pregnancy, race, religion, sex, sexual orientation, and use or nonuse of lawful products off the employer's premises. The breadth of protected categories under the WFEA — particularly the inclusion of arrest record, conviction record, and off-premises lawful product use — creates obligations for Wisconsin employers that go well beyond federal law.

Complaints under the WFEA are filed with the Wisconsin Equal Rights Division (ERD) within 300 days of the discriminatory act. The ERD investigates, mediates, and may hold an administrative hearing before a hearing examiner; appeals go to the Labor and Industry Review Commission (LIRC) and then to circuit court. Wisconsin employees who have both federal and state claims typically dual-file with the ERD and the EEOC to preserve all available remedies.