Wisconsin Department of Military Affairs, Gender-Based Pay Discrimination, Wisconsin 2023

In a shocking case of pay disparity, the Wisconsin Department of Military Affairs (WDMA) has been found guilty of discriminating against a female employee based on her sex.

The WDMA has agreed to pay a whopping $175,000 to Michelle Hartness, a former employee who was offered a lower salary than similarly or less qualified men for a director position in the Wisconsin Division of Emergency Management.

The lawsuit, filed in January 2023, alleged that the WDMA discriminated against Hartness in violation of Title VII of the Civil Rights Act, which prohibits pay discrimination based on sex, race, color, national origin, or religion.

“It is time to close the gender pay gap which stands as one of the most pressing problems that we face in the labor market today. This settlement agreement demonstrates the Justice Department’s strong commitment to vindicating the rights of qualified job applicants and employees who are offered or paid less simply because they are women,” said Assistant Attorney General Kristen Clarke of the Civil Rights Division.

Under the settlement agreement, the WDMA confirms that it maintains antidiscrimination and other personnel policies to prevent compensation discrimination, including a pay-setting policy to establish consistency in setting salaries, and that it trains personnel on the pay-setting policy.

The case began when Hartness filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). The EEOC’s Milwaukee Area Office investigated the charge and found reasonable cause to believe that Hartness was discriminated against because of her sex. After unsuccessful conciliation efforts, the EEOC referred the charge to the Justice Department.

The Justice Department’s Civil Rights Division will continue to aggressively hold state and local government employers accountable when they unlawfully deny women the right to bring home the full paycheck they have rightly earned.

Senior Trial Attorneys Patricia Stasco, Chrisine Dinan, and Catherine Sellers and Trial Attorney Young Choi of the Civil Rights Division’s Employment Litigation Section handled the case.

The full and fair enforcement of Title VII is a top priority of the Justice Department’s Civil Rights Division. Additional information about the Civil Rights Division and the Employment Litigation Section is available at www.justice.gov/crt/ and www.justice.gov/crt/employment-litigation-section.

Defendant: Wisconsin Department of Military Affairs.
Exact criminal charges: Gender-Based Pay Discrimination.
City and state: Madison, Wisconsin.
Exact date: January 2023.
Sentence or outcome: $175,000 settlement and agreement to maintain antidiscrimination policies.
Dollar amounts where applicable: $175,000.

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