Section 224.03. Complaints.

 

(1)   Who may file complaints. A complaint may be filed by any employee or by the employee's duly authorized representative. A complaint filed by a representative shall state that the representative is authorized to file the complaint.

(2)   Where to file complaints.

(a) A complaint may be filed in person with any division office, or it may be mailed or sent by facsimile transmission to one of the following division offices:

1. Equal Rights Division, 201 East Washington Avenue, Madison, WI 53702. Facsimile number: 608-267-4592.

2. Equal Rights Division, 819 North 6th Street, Milwaukee, WI 53203. Facsimile number: 414-227-4084.

(b) A complaint filed by facsimile transmission shall conform with the requirements of s. DWD 224.24 (1) .

(3)   Form and content of complaint. A complaint shall be written on a form that is available at any division office or on any form acceptable to the division. Each complaint shall be signed by the employee filing the complaint or by the employee's duly authorized representative. The signature constitutes an acknowledgment that the employee or the representative has read the complaint; that to the best of that employee's knowledge, information, and belief the complaint is true and correct; and that the complaint is not being used for any improper purpose, such as to harass the party against whom the complaint is filed. Each complaint shall contain all of the following information:

(a) The name and address of the complainant.

(b) The name and address of the respondent.

(c) A concise statement of the facts, including pertinent dates, constituting the alleged retaliatory action.

(4)   Assistance by the division. The division shall, upon request, provide appropriate assistance in completing and filing complaints.

(5)   Amendment of complaint. A complaint may be amended, subject to the approval of the division, except that a complaint may not be amended less than 20 days before hearing unless good cause is shown for the failure to amend the complaint prior to that time. If the complaint is amended prior to the issuance of an initial determination, the division shall investigate the allegations of the amended complaint. If the complaint is amended after the case has been certified to hearing, the chief of the hearing section or the administrative law judge may remand the complaint to the investigation section to conduct an investigation and issue an initial determination as to whether probable cause exists to believe that the respondent took retaliatory action as alleged in the amended complaint. An amended complaint shall be dismissed if it does not meet the requirements of s. DWD 224.06 (1) .

(6)   Withdrawal of complaint. A complaint may be withdrawn at any time. A request for withdrawal shall be in writing and shall be signed by the complainant or by the complainant's duly authorized representative. Upon the filing of a request for withdrawal, the division shall dismiss the complaint by written order. Such dismissal shall be with prejudice unless otherwise expressly stated in the order.

History: CR 03-092 : cr. Register March 2004 No. 579 , eff. 4-1-04; CR 06-062 : am. (2) Register November 2006 No. 611 , eff. 12-1-06.

Note

A complaint form is also available on the Department of Workforce Development's website at http://www.dwd.state.wi.us/ by following the link to Equal Rights. Microsoft Windows NT 6.1.7601 Service Pack 1