AB309: Bill Text

AB309,10,11 106.50 (1m) (nm) “Member of a protected class" means a group of natural persons, or a natural person, who may be categorized because of sex, race, color, disability, sexual orientation, religion, national origin, marital status, family status, status as a victim of domestic abuse, sexual abuse, or stalking, lawful source of income, age, or ancestry, or vaccination status.

AB309,22 Section 22. 106.50 (1m) (v) of the statutes is created to read:

AB309,10,13 106.50 (1m) (v) “Vaccination status” has the meaning given in s. 111.32 (15).

AB309,23 Section 23. 106.50 (5m) (f) 1. of the statutes is amended to read:

AB309,10,20 106.50 (5m) (f) 1. Nothing in this section prohibits an owner or agent from requiring that a person who seeks to buy or rent housing supply information concerning family status, and marital, financial, and business status but not concerning race, color, disability, sexual orientation, ancestry, national origin, religion, creed, status as a victim of domestic abuse, sexual assault, or stalking, vaccination status, or, subject to subd. 2., age.

AB309,24 Section 24. 106.52 (1) (h) of the statutes is created to read:

AB309,10,22 106.52 (1) (h) “Vaccination status” has the meaning given in s. 111.32 (15).

AB309,25 Section 25. 106.52 (3) (a) 1. of the statutes is amended to read:

AB309,11,2 106.52 (3) (a) 1. Deny to another or charge another a higher price than the regular rate for the full and equal enjoyment of any public place of accommodation or amusement because of sex, race, color, creed, vaccination status, disability, sexual orientation, national origin, or ancestry.

AB309,26 Section 26. 106.52 (3) (a) 2. of the statutes is amended to read:

AB309,11,7 106.52 (3) (a) 2. Give preferential treatment to some classes of persons in providing services or facilities in any public place of accommodation or amusement because of sex, race, color, creed, sexual orientation, national origin or, ancestry, or vaccination status.

AB309,27 Section 27. 106.52 (3) (a) 3. of the statutes is amended to read:

AB309,11,16 106.52 (3) (a) 3. Directly or indirectly publish, circulate, display, or mail any written communication which the communicator knows is to the effect that any of the facilities of any public place of accommodation or amusement will be denied to any person by reason of, or that the patronage of any person is unwelcome, objectionable, or unacceptable, because of sex, race, color, creed, disability, sexual orientation, national origin or, ancestry or that the patronage of a person is unwelcome, objectionable or unacceptable for any of those reasons , or vaccination status.

AB309,28 Section 28 . 106.52 (3) (a) 4. of the statutes is amended to read:

AB309,11,20 106.52 (3) (a) 4. Refuse to furnish or charge another a higher rate for any automobile insurance because of race, color, creed, disability, national origin or, ancestry, or vaccination status.

AB309,29 Section 29. 106.52 (3) (a) 5. of the statutes is amended to read:

AB309,11,25 106.52 (3) (a) 5. Refuse to rent, charge a higher price than the regular rate, or give preferential treatment, because of sex, race, color, creed, sexual orientation, national origin or, ancestry, or vaccination status, regarding the use of any private facilities commonly rented to the public.

AB309,30 Section 30. 106.58 of the statutes is amended to read:

AB309,12,5 106.58 Discrimination in education prohibited. No child may be excluded from or discriminated against in admission to any public school or in obtaining the advantages, privileges, and courses of study of such public school on account of sex, race, religion or, national origin , or vaccination status, as defined in s. 111.32 (15).

AB309,31 Section 31. 111.31 (1) of the statutes is amended to read:

AB309,12,22 111.31 (1) The legislature finds that the practice of unfair discrimination in employment against properly qualified individuals by reason of their age, race, creed, color, disability, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, military service, use or nonuse of lawful products off the employer's premises during nonworking hours, or declining to attend a meeting or to participate in any communication about religious matters or political matters, or vaccination status substantially and adversely affects the general welfare of the state. Employers, labor organizations, employment agencies, and licensing agencies that deny employment opportunities and discriminate in employment against properly qualified individuals solely because of their age, race, creed, color, disability, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, military service, use or nonuse of lawful products off the employer's premises during nonworking hours, or declining to attend a meeting or to participate in any communication about religious matters or political matters, or vaccination status deprive those individuals of the earnings that are necessary to maintain a just and decent standard of living.

AB309,32 Section 32. 111.31 (2) of the statutes is amended to read:

AB309,13,11 111.31 (2) It is the intent of the legislature to protect by law the rights of all individuals to obtain gainful employment and to enjoy privileges free from employment discrimination because of age, race, creed, color, disability, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, military service, use or nonuse of lawful products off the employer's premises during nonworking hours, or declining to attend a meeting or to participate in any communication about religious matters or political matters, or vaccination status and to encourage the full, nondiscriminatory utilization of the productive resources of the state to the benefit of the state, the family, and all the people of the state. It is the intent of the legislature in promulgating this subchapter to encourage employers to evaluate an employee or applicant for employment based upon the individual qualifications of the employee or applicant rather than upon a particular class to which the individual may belong.

AB309,33 Section 33. 111.31 (3) of the statutes is amended to read:

AB309,13,22 111.31 (3) In the interpretation and application of this subchapter, and otherwise, it is declared to be the public policy of the state to encourage and foster to the fullest extent practicable the employment of all properly qualified individuals regardless of age, race, creed, color, disability, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, military service, use or nonuse of lawful products off the employer's premises during nonworking hours, or declining to attend a meeting or to participate in any communication about religious matters or political matters, or vaccination status. Nothing in this subsection requires an affirmative action program to correct an imbalance in the work force. This subchapter shall be liberally construed for the accomplishment of this purpose.

AB309,34 Section 34. 111.32 (15) of the statutes is created to read:

AB309,13,25 111.32 (15) “Vaccination status” means whether an individual has received one or more doses of a vaccine.

AB309,35 Section 35. 111.321 of the statutes is amended to read:

AB309,14,9 111.321 Prohibited bases of discrimination. Subject to ss. 111.33 to 111.365, no employer, labor organization, employment agency, licensing agency, or other person may engage in any act of employment discrimination as specified in s. 111.322 against any individual on the basis of age, race, creed, color, disability, marital status, sex, national origin, ancestry, arrest record, conviction record, military service, use or nonuse of lawful products off the employer's premises during nonworking hours, or declining to attend a meeting or to participate in any communication about religious matters or political matters, or vaccination status.

AB309,36 Section 36. 111.373 of the statutes is created to read:

AB309,14,12 111.373 Vaccination status. No employer, labor organization, employment agency, or licensing agency may directly or indirectly do any of the following:

AB309,14,14 (1) Require any individual as a condition of continued employment or an offer of employment, labor organization membership, or licensure to receive any vaccine.

AB309,14,17 (2) Require any individual as a condition of continued employment or an offer of employment, labor organization membership, or licensure to provide proof of immunization.

AB309,14,21 (3) Affect the terms, conditions, or privileges of employment, labor organization membership, or licensure or terminate the employment, labor organization membership, or licensure of any individual who refuses to provide information regarding the individual's vaccination status.

AB309,37 Section 37 . 111.70 (2) of the statutes is amended to read:

AB309,15,25 111.70 (2) Rights of municipal employees. Municipal employees have the right of self-organization, and the right to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection. Municipal employees have the right to refrain from any and all such activities. A general municipal employee has the right to refrain from paying dues while remaining a member of a collective bargaining unit. A public safety employee or a transit employee, however, may be required to pay dues in the manner provided in a fair-share agreement; a fair-share agreement covering a public safety employee or a transit employee must contain a provision requiring the municipal employer to deduct the amount of dues as certified by the labor organization from the earnings of the employee affected by the fair-share agreement and to pay the amount deducted to the labor organization. A fair-share agreement covering a public safety employee or transit employee is subject to the right of the municipal employer or a labor organization to petition the commission to conduct a referendum. Such petition must be supported by proof that at least 30 percent of the employees in the collective bargaining unit desire that the fair-share agreement be terminated. Upon so finding, the commission shall conduct a referendum. If the continuation of the agreement is not supported by at least the majority of the eligible employees, it shall terminate. The commission shall declare any fair-share agreement suspended upon such conditions and for such time as the commission decides whenever it finds that the labor organization involved has refused on the basis of race, color, sexual orientation, creed, or sex, or vaccination status, as defined in s. 111.32 (15), to receive as a member any public safety employee or transit employee of the municipal employer in the bargaining unit involved, and such agreement is subject to this duty of the commission. Any of the parties to such agreement or any public safety employee or transit employee covered by the agreement may come before the commission, as provided in s. 111.07, and ask the performance of this duty.

AB309,38 Section 38. 111.81 (12) (b) of the statutes is amended to read:

AB309,16,4 111.81 (12) (b) Which discriminates with regard to the terms or conditions of membership because of race, color, creed, sex, age, sexual orientation or, national origin, or vaccination status, as defined in s. 111.32 (15).

AB309,39 Section 39 . 111.85 (2) (b) of the statutes is amended to read:

AB309,16,14 111.85 (2) (b) The commission shall declare any fair-share or maintenance of membership agreement suspended upon such conditions and for such time as the commission decides whenever it finds that the labor organization involved has refused on the basis of race, color, sexual orientation or, creed, or vaccination status, as defined in s. 111.32 (15), to receive as a member any public safety employee in the collective bargaining unit involved, and the agreement shall be made subject to the findings and orders of the commission. Any of the parties to the agreement, or any public safety employee covered thereby, may come before the commission, as provided in s. 111.07, and petition the commission to make such a finding.

AB309,40 Section 40 . 118.019 (2d) of the statutes is amended to read:

AB309,16,23 118.019 (2d) Nondiscrimination. An instructional program under this section shall use instructional methods and materials that, consistent with s. 118.13 (1), do not discriminate against a pupil based upon the pupil's race, gender, religion, sexual orientation, or ethnic or cultural background or against sexually active pupils or, children with disabilities, or vaccination status, as defined in s. 111.32 (15). Nothing in this subsection shall be construed to prohibit a school board from approving an instructional program under this section that includes instruction on abstinence from sexual activity or that is abstinence-centered.

AB309,41 Section 41. 118.13 (1) of the statutes is amended to read:

AB309,17,7 118.13 (1) Except as provided in s. 120.13 (37m), no person may be denied admission to any public school or be denied participation in, be denied the benefits of or be discriminated against in any curricular, extracurricular, pupil services, recreational or other program or activity because of the person's sex, race, religion, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation or, physical, mental, emotional, or learning disability, or vaccination status, as defined in s. 111.32 (15).

AB309,42 Section 42. 118.20 (1) of the statutes is amended to read:

AB309,17,18 118.20 (1) No discrimination because of sex, except where sex is a bona fide occupational qualification as defined in s. 111.36 (2), race, nationality or, political or religious affiliation, or vaccination status, as defined in s. 111.32 (15), may be practiced in the employment of teachers or administrative personnel in public schools or in their assignment or reassignment. No questions of any nature or form relative to sex, except where sex is a bona fide occupational qualification as defined in s. 111.36 (2), race, nationality or, political or religious affiliation, or vaccination status, as defined in s. 111.32 (15), may be asked applicants for teaching or administrative positions in the public schools either by public school officials or employees or by teachers agencies or placement bureaus.

AB309,43 Section 43. 118.40 (4) (b) 2. of the statutes is amended to read:

AB309,17,24 118.40 (4) (b) 2. Except as provided in sub. (3) (h), discriminate in admission or deny participation in any program or activity on the basis of a person's sex, race, religion, national origin, ancestry, pregnancy, marital or parental status, sexual orientation or, physical, mental, emotional, or learning disability, or vaccination status, as defined in s. 111.32 (15).

AB309,44 Section 44 . 194.025 of the statutes is amended to read:

AB309,18,3 194.025 Discrimination prohibited. No motor carrier may engage in any practice, act, or omission which that results in discrimination on the basis of race, creed, sex or, national origin , or vaccination status, as defined in s. 111.32 (15).

AB309,45 Section 45 . 224.77 (1) (o) of the statutes is amended to read:

AB309,18,12 224.77 (1) (o) In the course of practice as a mortgage banker, mortgage loan originator, or mortgage broker, except in relation to housing designed to meet the needs of elderly individuals, treat a person unequally solely because of sex, race, color, handicap, sexual orientation, as defined in s. 111.32 (13m), religion, national origin, age, or ancestry, vaccination status, as defined in s. 111.32 (15), the person's lawful source of income, or the sex, marital status, or status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), of the person maintaining a household.

AB309,46 Section 46 . 227.10 (3) (a) of the statutes is amended to read:

AB309,18,16 227.10 (3) (a) No rule, either by its terms or in its application, may discriminate for or against any person by reason of sex, race, creed, color, sexual orientation, national origin or, ancestry , or vaccination status, as defined in s. 111.32 (15).

AB309,47 Section 47 . 230.01 (2) (b) of the statutes is amended to read:

AB309,18,23 230.01 (2) (b) It is the policy of this state to provide for equal employment opportunity by ensuring that all personnel actions including hire, tenure or term, and condition or privilege of employment be based on the ability to perform the duties and responsibilities assigned to the particular position without regard to age, race, creed or religion, color, disability, sex, national origin, ancestry, sexual orientation, or political affiliation, or vaccination status, as defined in s. 111.32 (15).

AB309,48 Section 48 . 230.18 of the statutes is amended to read:

AB309,19,12 230.18 Discrimination prohibited. No question in any form of application or in any evaluation used in the hiring process may be so framed as to elicit information concerning the partisan political or religious opinions or affiliations of any applicant nor may any inquiry be made concerning such those opinions or affiliations and all disclosures thereof of those opinions or affiliations shall be discountenanced except that the director may evaluate the competence and impartiality of applicants for positions such as clinical chaplain in a state institutional program. No discriminations may be exercised in the recruitment, application, or hiring process against or in favor of any person because of the person's political or religious opinions or affiliations or because of age, sex, disability, race, color, sexual orientation, national origin, or ancestry, or vaccination status, as defined in s. 111.32 (15), except as otherwise provided.

AB309,49 Section 49. 234.29 of the statutes is amended to read:

AB309,19,22 234.29 Equality of occupancy and employment. The authority shall require that occupancy of housing projects assisted under this chapter be open to all regardless of sex, race, religion, creed, sexual orientation, status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or creed vaccination status, as defined in s. 111.32 (15), and that contractors and subcontractors engaged in the construction of economic development or housing projects, shall provide an equal opportunity for employment, without discrimination as to sex, race, religion, sexual orientation, or creed, or vaccination status, as defined in s. 111.32 (15).

AB309,50 Section 50 . 440.45 (1) of the statutes is amended to read:

AB309,20,3 440.45 (1) Each licensed company shall adopt a policy of nondiscrimination on the basis of trip origin or destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity, or vaccination status, as defined in s. 111.32 (15), with respect to passengers and prospective passengers and notify all of its participating drivers of the nondiscrimination policy.

AB309,51 Section 51 . 440.45 (2) of the statutes is amended to read:

AB309,20,8 440.45 (2) A participating driver may not discriminate against any passenger or prospective passenger on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity, or vaccination status, as defined in s. 111.32 (15).

AB309,52 Section 52. 452.14 (3) (n) of the statutes is amended to read:

AB309,20,13 452.14 (3) (n) Treated any person unequally solely because of sex, race, color, handicap, national origin, ancestry, marital status, lawful source of income, or status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or vaccination status, as defined in s. 111.32 (15).

AB309,53 Section 53 . 625.12 (2) of the statutes is amended to read:

AB309,20,24 625.12 (2) Classification. Except as provided in s. 632.729, risks may be classified in any reasonable way for the establishment of rates and minimum premiums, except that no classifications may be based on race, color, creed or, national origin, or vaccination status, as defined in s. 111.32 (15), and classifications in automobile insurance may not be based on physical condition or developmental disability as defined in s. 51.01 (5). Subject to ss. 632.365 and 632.729, rates thus produced may be modified for individual risks in accordance with rating plans or schedules that establish reasonable standards for measuring probable variations in hazards, expenses, or both. Rates may also be modified for individual risks under s. 625.13 (2).

AB309,54 Section 54 . 628.34 (3) (c) of the statutes is created to read:

AB309,21,4 628.34 (3) (c) No insurer may refuse to insure or refuse to continue to insure, or limit the amount, extent, or kind of coverage available to an individual, or charge an individual a different rate for the same coverage because of a person's vaccination status, as defined in s. 111.32 (15).

AB309,55 Section 55 . 632.35 of the statutes is amended to read:

AB309,21,10 632.35 Prohibited rejection, cancellation , and nonrenewal. No insurer may cancel or refuse to issue or renew an automobile insurance policy wholly or partially because of one or more of the following characteristics of any person: an individual's age, sex, residence, race, color, creed, religion, national origin, ancestry, marital status or, occupation, or vaccination status, as defined in s. 111.32 (15).

AB309,56 Section 56 . 756.001 (3) of the statutes is amended to read:

AB309,21,16 756.001 (3) No person who is qualified and able to serve as a juror may be excluded from that service in any court of this state on the basis of sex, race, color, sexual orientation, as defined in s. 111.32 (13m), disability, religion, national origin, marital status, family status, lawful source of income, age, or ancestry, or vaccination status, as defined in s. 111.32 (15), or because of a physical condition.

AB309,21,17 (End)