We just commented two days ago (blog of May 22nd) that Wisconsin just passed a law which eliminated compensatory and punitive damages to plaintiffs who prove employment discrimination, and noted that veterans groups contend that it is veterans who “are the big losers” under the new law.

Their claim is that veterans face similar limits on available damages in federal court (which do not apply to other protected classes under the federal law), and so now vets have no remedy in state court for damages arising out of stressful deployments and “the kinds of emotional pain and suffering that compensatory damages are meant to address.”

While it does not appear related to the change in the Wisconsin law, Senator Casey of Pennsylvania has nonetheless just introduced a bill in the Senate, the “Servicemembers’ Access to Justice Act,” which would “strengthen existing laws that prohibit discrimination against returning veterans in the workplace.” Among other things, the bill would “add minimum liquidated damages for willful violations and punitive damages for violations committed with malice.” See phillyBurbs.com

The timing may be coincidental, but the bill, if passed, may fill the gap which the vets claim has been opened in Wisconsin.