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An Equal Rights Division Communication
Worker Protection and Rights for the LGBT Community
June is Pride Month - a month in which we recognize and show our support for friends, family, co-workers, and neighbors who are part of the LGBTQ+ community. Wisconsin was the first state to recognize sexual orientation as a protected class under our Fair Employment laws, and we continue to make Wisconsin a fair and just place for all people to live and work.
 What about gender identity and expression?
While sexual orientation refers to whom one is sexually attracted, gender identity refers to a person's self-conception as a man or woman (or sometimes both or neither). Gender expression is how a person publicly expresses their gender, typically through appearance, dress, or behavior.
Although gender identity and expression are not explicitly considered protected classes under the Wisconsin Fair Employment Act, Wisconsin follows the same approach as the federal EEOC, recognizing harassment or discrimination based on a person's gender identity or expression as a form of sex discrimination.
Just as the law prohibits discrimination in employment, housing, or public accommodation based on someone's sex, it prohibits discriminating against someone based on their gender identity or expression.
What about pronouns?
A person's choice of what pronouns they would like to be referred by is often a form of gender expression. Intentionally or repeatedly using pronouns other than what a person prefers can be a form of harassment and could create a hostile work environment.
If you accidentally refer to someone using the wrong pronoun, it is usually best to apologize and thank them for letting you know of your mistake. It is usually not a good idea to make excuses for your pronoun choice, saying things like "You look like a man/woman" or "I'm not comfortable calling you that." Instead, respect a person's right to choose how they identify and express their gender, including their preferred pronouns.
Finally, remember that not everyone in the LGBTQ community is "out." If someone shares their sexual orientation or gender identity with you, it is an act of trust. Before sharing that person's orientation or identity with others, get their approval.
Know Your Rights
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Wisconsin Fair Employment Law recognizes sexual orientation as a protected class. The law prohibits discrimination in employment, housing, and public accommodation based on sex and sexual orientation.
If you believe you have been discriminated against in employment, housing, or in a place of public accommodation because of your sex, sexual orientation, gender identity, or expression, the Equal Rights Division is available to provide you more information.
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Resources
Questions?
Contact the Equal Rights Division.
Phone: 608-266-6860 Madison or 414-227-4384 Milwaukee
Email: erinfo@dwd.wisconsin.gov
Website: https://dwd.wisconsin.gov/er/
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