Wis. Stat. » CHAPTER 111 — EMPLOYMENT RELATIONS
Wisconsin Statutes

Wis. Stat. § 111.33 (2026)

Age; exceptions and special cases

✓ current as of July 2026
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111.33111.33 Age; exceptions and special cases.
111.33(1)(1) The prohibition against employment discrimination on the basis of age applies only to discrimination against an individual who is age 40 or over.
111.33(2)(2) Notwithstanding sub. (1) and s. 111.322, it is not employment discrimination because of age to do any of the following:
111.33(2)(a)(a) To terminate the employment of any employee physically or otherwise unable to perform his or her duties.
111.33(2)(b)(b) To implement the provisions of any retirement plan or system of any employer if the retirement plan or system is not a subterfuge to evade the purposes of this subchapter. No plan or system may excuse the failure to hire, or require or permit the involuntary retirement of, any individual under sub. (1) because of that individual’s age.
111.33(2)(d)(d) To apply varying insurance coverage according to an employee’s age.
111.33(2)(e)(e) To exercise an age distinction with respect to hiring an individual to a position in which the knowledge and experience to be gained is required for future advancement to a managerial or executive position.
111.33(2)(f)(f) To exercise an age distinction with respect to employment in which the employee is exposed to physical danger or hazard, including, without limitation because of enumeration, certain employment in law enforcement or fire fighting.
111.33(2)(g)(g) To exercise an age distinction under s. 343.12 (2) (a) and (3).
111.33 HistoryHistory: 1981 c. 334; 1983 a. 391, 538.
111.33 AnnotationSub. (2) (f) exempts the hiring of fire fighters from being the subject of age discrimination suits. A fire department need not show that it openly and consistently discriminated on the basis of age to be exempt under sub. (2) (f). Johnson v. LIRC, 200 Wis. 2d 715, 547 N.W.2d 783 (Ct. App. 1996), 95-2346.
111.33 AnnotationAn employee is physically unable to perform a job under sub. (2) if that employee is performing the job with a physical accommodation. Harrison v. LIRC, 211 Wis. 2d 681, 565 N.W.2d 572 (Ct. App. 1997), 96-1795.
111.33 AnnotationA city charged under the federal Age Discrimination in Employment Act had the burden of establishing that a mandatory retirement age of 55 for law enforcement personnel was a bona fide occupational qualification. Equal Employment Opportunity Commission v. City of Janesville, 630 F.2d 1254 (1980).
111.33 AnnotationThe federal Employment Retirement Income Security Act preempts sub. (2) (b) to the extent that it applies to employee benefit plans covered by it. Waukesha Engine Division v. DILHR, 619 F. Supp. 1310 (1985).
Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1981–2025 · leading case: Motola v. Labor & Indus. Review Comm'n, 580 N.W.2d 297 (Wis. 1998).
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Motola v. Labor & Indus. Review Comm'n, 580 N.W.2d 297 (Wis. 1998). · cites it 16× “at 295 ; Wis. Stat. § 111.33 (2)(d). Finally, we took support from the liberal construction clause of the WFEA.”
Waukesha Engine Div. v. Dep't of Indus., 619 F. Supp. 1310 (W.D. Wis. 1985). · cites it 46× “§ 2201-02 , that Wis. Stat. § 111.33 (2)(b) is invalid as applied to plaintiff’s collective bargaining agreement and pension/insurance plans.”
Johnson v. Labor & Indus. Review Comm'n, 547 N.W.2d 783 (Wis. Ct. App. 1996). · cites it 27× “The only reasona *725 ble meaning to give to these closely related provisions is that the state legislature has allowed an employer to discriminate against those persons forty and over when hiring persons engaged in certain dangerous occupations.”
Bachand v. Connecticut Gen. Life Ins., 305 N.W.2d 149 (Wis. Ct. App. 1981). · cites it 3× “Thus, since the Wisconsin Fair Employment Act specifically states that all remedies are to be pursued through DILHR, sec. 111.33(1), Stats., 2 that avenue is the exclusive means by which the remedy may be pursued.”
Am. Motors Corp. v. Dep't of Indus., Labor & Human Relations, 305 N.W.2d 62 (Wis. 1981). · cites it 2× “" Sec. 111.33, Stats. This authority was initially granted by ch.”
Heiar v. Crawford Cnty., 746 F.2d 1190 (7th Cir. 1984). · cites it 2× “, and an agency empowered to enforce it, see Wis.Stat. §§ 111.33, 111.36 (now §§ 111.-375, 111.”
Braatz v. Labor & Indus. Review Comm'n, 496 N.W.2d 597 (Wis. 1993). “*295 Further support for our conclusion that health insurance benefits are not excepted from the WFEA's prohibition against marital status discrimination is found in sec. 111.33(2)(d), Stats. That section excepts health insurance from the WFEA's prohibition against age…”
Puetz Motor Sales, Inc. v. Labor & Indus. Review Comm'n, 376 N.W.2d 372 (Wis. Ct. App. 1985). “In a claim of discriminatory discharge on the basis of age, the complainant must show that: (1) he was forty or older and thus a member of the protected age group under sec. 111.33, Stats.; (2) he was discharged; (3) he was qualified for the job, and (4) either he was replaced…”
Chvala v. Bubolz, 552 N.W.2d 892 (Wis. Ct. App. 1996). “, and, with respect to this area, sec. 111.33, Stats., its rules cannot be contrary to the provisions of secs.”
Anderson v. Bd. of Regents of the Univ. of Wisconsin Sys., 140 F.3d 704 (7th Cir. 1998). “Wisconsin has a law prohibiting age discrimination, see Wis. Stat. § 111.33 , and therefore 29 U.”
Braatz v. Labor & Indus. Review Comm'n, 483 N.W.2d 246 (Wis. Ct. App. 1992). · cites it 2× “Section 111.33(2)(d), Stats. This exception demonstrates that the legislature considered the issue of health insurance coverage and the effect that the prohibition on employment discrimination had on health insurance issues.”
Harrison v. Labor & Indus. Review Comm'n, 565 N.W.2d 572 (Wis. Ct. App. 1997). · cites it 7× “Based on the interpretative federal case law, we concluded that a person alleging discrimination on the basis of age must show four things to establish a prima facie case: (1) he [or she] was forty or older and thus a member of the protected age group under sec. 111.33, Stats.;…”
Show all 13 citing cases →
— Wis. Stat. § 111.33(1) — 2 cases
Bachand v. Connecticut Gen. Life Ins., 305 N.W.2d 149 (Wis. Ct. App. 1981). “Thus, since the Wisconsin Fair Employment Act specifically states that all remedies are to be pursued through DILHR, sec. 111.33(1), Stats., 2 that avenue is the exclusive means by which the remedy may be pursued.”
Johnson v. Labor & Indus. Review Comm'n, 547 N.W.2d 783 (Wis. Ct. App. 1996). “The only reasona *725 ble meaning to give to these closely related provisions is that the state legislature has allowed an employer to discriminate against those persons forty and over when hiring persons engaged in certain dangerous occupations.”
— Wis. Stat. § 111.33(2) — 1 case
Johnson v. Labor & Indus. Review Comm'n, 547 N.W.2d 783 (Wis. Ct. App. 1996). “The only reasona *725 ble meaning to give to these closely related provisions is that the state legislature has allowed an employer to discriminate against those persons forty and over when hiring persons engaged in certain dangerous occupations.”
— Wis. Stat. § 111.33(2)(a) — 1 case
Harrison v. Labor & Indus. Review Comm'n, 565 N.W.2d 572 (Wis. Ct. App. 1997). “Based on the interpretative federal case law, we concluded that a person alleging discrimination on the basis of age must show four things to establish a prima facie case: (1) he [or she] was forty or older and thus a member of the protected age group under sec. 111.33, Stats.;…”
— Wis. Stat. § 111.33(2)(b) — 1 case
Waukesha Engine Div. v. Dep't of Indus., 619 F. Supp. 1310 (W.D. Wis. 1985). “§ 2201-02 , that Wis. Stat. § 111.33 (2)(b) is invalid as applied to plaintiff’s collective bargaining agreement and pension/insurance plans.”
— Wis. Stat. § 111.33(2)(d) — 2 cases
Braatz v. Labor & Indus. Review Comm'n, 496 N.W.2d 597 (Wis. 1993). “*295 Further support for our conclusion that health insurance benefits are not excepted from the WFEA's prohibition against marital status discrimination is found in sec. 111.33(2)(d), Stats. That section excepts health insurance from the WFEA's prohibition against age…”
Braatz v. Labor & Indus. Review Comm'n, 483 N.W.2d 246 (Wis. Ct. App. 1992). “Section 111.33(2)(d), Stats. This exception demonstrates that the legislature considered the issue of health insurance coverage and the effect that the prohibition on employment discrimination had on health insurance issues.”
— Wis. Stat. § 111.33(2)(f) — 1 case
Johnson v. Labor & Indus. Review Comm'n, 547 N.W.2d 783 (Wis. Ct. App. 1996). “The only reasona *725 ble meaning to give to these closely related provisions is that the state legislature has allowed an employer to discriminate against those persons forty and over when hiring persons engaged in certain dangerous occupations.”
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