Hilmes v. Department of Industry, Labor & Human Relations

This case involves application of the 300-day statute of limitations contained in sec. 111.39, Stats., of the Wisconsin Fair Employment Act (WFEA). The statute requires that sexual discrimination complaints be "filed” within 300 days of the allegedly unlawful "occurrence.” Sec. 111.39(1). The department on appeal argues that the circuit court erroneously defined "filing” as "mailing” rather than as "delivery to the intended recipient.” We agree.

The department also argues that the date on which an act of sexual discrimination "occurs” is the date on which an employee is notified of an…