Wisconsin Statutes

Wis. Stat. § 111.395 (2026)

Judicial review

✓ current as of July 2026
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111.395111.395Judicial review. Findings and orders of the commission under this subchapter are subject to review under ch. 227. Orders of the commission shall have the same force as orders of the department under chs. 103 to 106 and may be enforced as provided in s. 103.005 (11) and (12) or specifically by a suit in equity. In any enforcement action the merits of any order of the commission are not subject to judicial review. Upon such review, or in any enforcement action, the department of justice shall represent the commission.
111.395 HistoryHistory: 1977 c. 29, 418; 1981 c. 334 s. 23; Stats. 1981 s. 111.395; 1995 a. 27.
Notes of Decisions
Cited in 16 cases (7 in the last 5 years), 1986–2026 · leading case: Wis. Bell, Inc. v. Labor & Indus. Review Comm'n, 914 N.W.2d 1 (Wis. 2018).
Wis. Bell, Inc. v. Labor & Indus. Review Comm'n, 914 N.W.2d 1 (Wis. 2018). · cites it 4× “2d ___, ¶84 ("[W]e will review an administrative agency's conclusions of law under the same standard we apply to a circuit court's conclusions of law——de novo.”
City of Madison v. State Dep't of Workforce Dev., 2003 WI 76 (Wis. 2003). · cites it 2× “The complaint and investigation procedure is set forth in Wis.”
Edward G. Staats v. Cnty. of Sawyer & Cnty. of Bayfield, 220 F.3d 511 (7th Cir. 2000). · cites it 2× “See Wis. Stat. § 111.395 . The *514 state court conducted a review limited to the administrative record, as it was required to do by statute.”
Currie v. State Dep't of Indus., Labor & Human Relations, 565 N.W.2d 253 (Wis. Ct. App. 1997). · cites it 2× “5 Section 111.395, Stats., directs that the provisions of Chapter 227 apply to a review of the findings and conclusions *394 which result from the hearing held on a discrimination complaint.”
Jocelyn Riley v. Am. Fam. Mut. Ins. Co., 881 F.2d 368 (7th Cir. 1989). “Wis.Stat. § 111.395. Riley may also seek review of the ERD’s decision by the EEOC, although such review at this point is unlikely given the fact that the EEOC has issued a right to sue letter.”
Mursch v. Van Dorn Co., 627 F. Supp. 1310 (W.D. Wis. 1986). · cites it 2× “The act provides that the Department of Industry, Labor and Human Relations shall administer its provisions, and gives the department authority to investigate complaints of discrimination, hold hearings, and to order relief, including back pay.”
Nichols v. Am. Employers Ins., 412 N.W.2d 547 (Wis. Ct. App. 1987). “31 through sec. 111.395, Stats. The Equal Rights Division of the Department *746 found probable cause of sex discrimination.”
Busse v. Gelco Express Corp., 678 F. Supp. 1398 (E.D. Wis. 1988). · cites it 2× “Administration of the statute is entrusted to the Department of Industry, Labor and Human Relations (DILHR), Wis.”
Wingra Redi-Mix Inc. v. Labor & Indus. Review Comm'n, 2023 WI App 34 (Wis. Ct. App. 2023). “§ 111.395 (2021-22),5 which provides that “[f]indings and orders of the [C]ommission under this subchapter are subject to review under ch.”
Fore Way Express, Inc. v. State of Wisconsin Dep't of Indus., Labor & Human Relations, 660 F. Supp. 310 (E.D. Wis. 1987). “Fore Way contends that the issues it seeks to litigate in this court have already been resolved against it by the state administrative law judge and, therefore, that there is no ongoing judicial proceeding to which this court must defer.”
Sherman v. ConAgra Foods Inc (E.D. Wis. 2022). · cites it 2× “See Wis. Stat. § 111.395 . Sherman may not proceed in federal court on their retaliation claim under the Wisconsin Fair Employment Act.”
Renée Coleman v. Sun Prairie Area Sch. Dist. (W.D. Wis. 2025). · cites it 2× “6, 2021); Wis. Stat. § 111.39 . After the department makes its decision, a dissatisfied party may appeal to the Labor and Industry Review Commission, id.”
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