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LRB-0967/1
JAM:kjf
2021 - 2022 LEGISLATURE
May 27, 2021 - Introduced by Representatives Spreitzer, Neubauer, Snodgrass,
Cabrera, Anderson, Andraca, Bowen, Brostoff, Conley, Emerson, Goyke,
Hebl, Hesselbein, Hong, Ortiz-Velez, Pope, Riemer, S. Rodriguez,
Shankland, Shelton, Sinicki, Subeck and Vining, cosponsored by Senators
Carpenter, Agard, Erpenbach, Larson, Ringhand, Roys, Smith and L.
Taylor
. Referred to Committee on State Affairs.
AB360,2,2 1An Act to amend 15.04 (1) (g), 16.765 (1), 16.765 (2), 36.09 (1) (e), 36.11 (3) (a),
236.12 (1), 36.29 (1), 38.04 (13) (b), 38.23 (1), 38.23 (4), 47.02 (3m) (f), 48.82 (1)
3(a), 48.82 (6), 51.90, 66.0125 (3) (a), 66.0125 (3) (c) 1. b., 66.0125 (9), 66.1011 (1),
466.1201 (2m), 66.1213 (3), 66.1301 (2m), 66.1331 (2m), 66.1333 (3) (e) 2., 86.195
5(5) (c), 106.50 (1), 106.50 (1m) (h), 106.50 (1m) (nm), 106.50 (5m) (f) 1., 106.52
6(3) (a) 1., 106.52 (3) (a) 2., 106.52 (3) (a) 3., 106.52 (3) (a) 4., 106.52 (3) (a) 5.,
7106.52 (3) (b), 106.52 (3) (c), 106.52 (3) (d), 106.52 (3) (e), 106.58, 111.31 (1),
8111.31 (2), 111.31 (3), 111.321, 111.36 (title), 111.36 (1) (br), 111.36 (1) (c), 111.36
9(1) (d) 1., 111.36 (1) (d) 2., 111.36 (2), 111.70 (2), 111.81 (12) (b), 111.85 (2) (b),
10118.019 (2d), 118.13 (1), 118.20 (1), 118.40 (4) (b) 2., 194.025, 224.77 (1) (o),
11227.10 (3) (a), 230.01 (2) (b), 230.18, 234.29, 321.37, 440.45 (1), 440.45 (2),
12452.14 (3) (n), 625.12 (2), 632.35 and 756.001 (3); and to create 106.50 (1m)
13(kg), 106.52 (1) (cr), 111.32 (7j) and 628.34 (3) (c) of the statutes; relating to:
14discrimination in employment, housing, public accommodations, education,

1insurance coverage, national guard, jury duty, and adoption and in the receipt
2of mental health or vocational rehabilitation services.
Analysis by the Legislative Reference Bureau
This bill prohibits discrimination on the basis of an individual's gender identity
or gender expression, which is defined in the bill as an individual's gender-related
identity, gender-related appearance, gender-related expression, or gender-related
behavior, regardless of the individual's assigned sex at birth or gender identifiers on
official documents issued by a federal, state, or local government agency. The bill also
make changes to various discrimination laws, including all of the following:
1. Current law prohibits discrimination in employment, housing, and the equal
enjoyment of a public place of accommodation or amusement on the basis of a
person's sex or sexual orientation. Current law also requires certain state agencies,
authorities, and corporations to include provisions in contracts they execute obliging
the contractor to similarly not discriminate against any employee or applicant for
employment. This bill adds gender identity or gender expression as a prohibited
basis for discrimination in these areas.
2. Current law prohibits the University of Wisconsin System, the Technical
College System, public elementary and secondary schools, and charter schools from
discriminating against a student on the basis of the student's sex or sexual
orientation. This bill prohibits the same educational institutions from
discriminating against a student on the basis of the student's gender identity or
gender expression, and from discriminating against a student based on the protected
status of the student's parent. This bill also prohibits the UW System Board of
Regents from investing gifts, grants, and bequests in companies that practice
discrimination based on sexual orientation or gender identity or gender expression.
3. Current law prohibits the exclusion of an individual from jury duty on the
basis of the individual's sex or sexual orientation. This bill adds gender identity or
gender expression as a prohibited basis for exclusion of an individual from jury duty.
4. Current law permits only either a single adult or a husband and wife jointly
to adopt a child. This bill permits only either a single individual or two individuals
married to each other jointly to adopt a child, and also provides that no otherwise
qualified person may be denied the benefits of the adoption and guardianship statute
subchapter because of the person's sex, sexual orientation, or gender identity or
gender expression.
5. Current law requires heads of executive departments and agencies to
determine whether there is arbitrary discrimination on the basis of sex or sexual
orientation, and to take remedial action if such discrimination is found. This bill
requires these heads to also determine if there is discrimination on the basis of
gender identity or gender expression, and take remedial action regarding such
discrimination.
6. Current law prohibits discriminating against an employee, prospective
employee, patient, or resident of an approved treatment facility providing treatment

of alcoholic, drug dependent, mentally ill, or developmentally disabled persons on
the basis of sex. This bill adds sexual orientation and gender identity or gender
expression as prohibited bases of discrimination.
7. Current law prohibits agency rules from discriminating against a person by
reason of sex or sexual orientation. This bill adds gender identity or gender
expression as prohibited bases of discrimination.
8. Current law prohibits discrimination on the basis of sex in the provision of
vocational rehabilitation or mental health services. This bill adds sexual orientation
and gender identity or gender expression to the prohibited bases of discrimination.
9. Current law prohibits the national guard or state defense force from denying
membership based on sex or sexual orientation. This bill adds gender identity or
gender expression as a prohibited basis of discrimination. This bill also provides that
no member of the national guard or state defense force may be denied equal access
to facilities most consistent with the person's gender identity.
10. Current law provides that sex is a bona fide occupational qualification if all
of the members of one sex are physically incapable of performing the essential duties
required by a job, or if the essence of the employer's business operation would be
undermined if employees were not hired exclusively from one sex. This bill adds to
the sex as a bona fide occupational qualification law that an individual may not be
treated or regarded inconsistent with the individual's gender identity, or
discriminated against based on the individual's gender identity or gender
expression.
11. Current law permits public places of accommodation or amusement to
provide separate facilities to persons of different sexes. This bill provides that public
places of accommodation or amusement may provide separate facilities to persons
of different sexes, but prohibits those places from denying individuals equal access
to the facilities most consistent with the individual's gender identity.
12. This bill prohibits an insurer from discriminating against an individual on
the basis of age, residence, race, color, creed, religion, national origin, ancestry,
marital status, occupation, gender identity or gender expression, sex, or sexual
orientation, and also prohibits motor carriers, automobile insurers, transportation
network companies, and real estate brokers and salespersons from discriminating
against an individual on the basis of sexual orientation or gender identity or gender
expression.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB360,1 1Section 1. 15.04 (1) (g) of the statutes is amended to read:
AB360,4,72 15.04 (1) (g) Discrimination review. In order to determine whether there is any
3arbitrary discrimination on the basis of race, religion, national origin, sex, marital

1status or, gender identity or gender expression, as defined in s. 111.32 (7j), or sexual
2orientation, as defined in s. 111.32 (13m), examine and assess the statutes under
3which the head has powers or regulatory responsibilities, the procedures by which
4those statutes are administered, and the rules promulgated under those statutes.
5If the department or agency head finds any such discrimination, he or she the agency
6head
shall take remedial action, including making recommendations to the
7appropriate executive, legislative, or administrative authority.
AB360,2 8Section 2. 16.765 (1) of the statutes is amended to read:
AB360,4,209 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and
10Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
11Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin
12Economic Development Corporation, and the Bradley Center Sports and
13Entertainment Corporation shall include in all contracts executed by them a
14provision obligating the contractor not to discriminate against any employee or
15applicant for employment because of age, race, religion, color, handicap, sex, physical
16condition, developmental disability, as defined in s. 51.01 (5), sexual orientation, as
17defined in s. 111.32 (13m), gender identity or gender expression, as defined in s.
18111.32 (7j),
or national origin and, except with respect to sexual orientation or gender
19identity or gender expression
, obligating the contractor to take affirmative action to
20ensure equal employment opportunities.
AB360,3 21Section 3. 16.765 (2) of the statutes is amended to read:
AB360,5,1522 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and
23Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
24Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin
25Economic Development Corporation, and the Bradley Center Sports and

1Entertainment Corporation shall include the following provision in every contract
2executed by them: “In connection with the performance of work under this contract,
3the contractor agrees not to discriminate against any employee or applicant for
4employment because of age, race, religion, color, handicap, sex, physical condition,
5developmental disability, as defined in s. 51.01 (5), sexual orientation, as defined in
6s. 111.32 (13m), gender identity or gender expression, as defined in s. 111.32 (7j),
or
7national origin. This provision shall include, but not be limited to, the following:
8employment, upgrading, demotion or transfer; recruitment or recruitment
9advertising; layoff or termination; rates of pay or other forms of compensation; and
10selection for training, including apprenticeship. Except with respect to sexual
11orientation or gender identity or gender expression, the contractor further agrees to
12take affirmative action to ensure equal employment opportunities. The contractor
13agrees to post in conspicuous places, available for employees and applicants for
14employment, notices to be provided by the contracting officer setting forth the
15provisions of the nondiscrimination clause". clause."
AB360,4 16Section 4. 36.09 (1) (e) of the statutes is amended to read:
AB360,6,517 36.09 (1) (e) Subject to par. (em), the board shall appoint a president of the
18system; a chancellor for each institution; a dean for each college campus; the state
19geologist; the director of the laboratory of hygiene; the director of the psychiatric
20institute; the state cartographer; and the requisite number of officers, other than the
21vice presidents, associate vice presidents, and assistant vice presidents of the
22system; faculty; academic staff; and other employees and fix the salaries, subject to
23the limitations under par. (j) and s. 230.12 (3) (e), the duties and the term of office
24for each. The board shall fix the salaries, subject to the limitations under par. (j) and
25s. 230.12 (3) (e), and the duties for each chancellor, vice president, associate vice

1president, and assistant vice president of the system. No sectarian or partisan tests
2or any tests based upon race, religion, national origin, or sex, gender identity or
3gender expression, as defined in s. 111.32 (7j), or sexual orientation, as defined in s.
4111.32 (13m),
shall ever be allowed or exercised in the appointment of the employees
5of the system.
AB360,5 6Section 5. 36.11 (3) (a) of the statutes is amended to read:
AB360,6,157 36.11 (3) (a) The board shall establish the policies for admission within the
8system and within these policies each institution shall establish specific
9requirements for admission to its courses of instruction. No sectarian or partisan
10tests test or any tests test based upon race, color, creed, religion, sex, national origin
11of U.S. citizens or sex a U.S. citizen, disability, ancestry, age, sexual orientation, as
12defined in s. 111.32 (13m), gender identity or gender expression, as defined in s.
13111.32 (7j), pregnancy, marital status, or parental status
shall ever be allowed in the
14admission of students thereto a student to any service, course, program, or facility
15of the system or any of its institutions
.
AB360,6 16Section 6. 36.12 (1) of the statutes is amended to read:
AB360,6,2317 36.12 (1) No student may be denied admission to, participation in, or the
18benefits of, or be discriminated against in, any service, program, course, or facility
19of the system or its institutions because of the student's race, color, creed, religion,
20sex, national origin, disability, ancestry, age, sexual orientation, as defined in s.
21111.32 (13m), gender identity or gender expression, as defined in s. 111.32 (7j),

22pregnancy, marital status, or parental status of the student or of the student's
23parent
.
AB360,7 24Section 7. 36.29 (1) of the statutes is amended to read:
AB360,7,19
136.29 (1) All gifts, grants, and bequests for the benefit or advantage of the
2system or any of its institutions, departments, or facilities or to provide any means
3of instruction, illustration, or knowledge in connection therewith, whether made to
4trustees or otherwise, shall be valid notwithstanding any other provision of this
5chapter except as otherwise provided in this subsection and shall be executed and
6enforced according to the provisions of the instrument making the same, including
7all provisions and directions in any such instrument for accumulation of the income
8of any fund or rents and profits of any real estate without being subject to the
9limitations and restrictions provided by law in other cases; but no such income
10accumulation shall be allowed to produce a fund more than 20 times as great as that
11originally given. No investment of the funds of such gifts, grants, or bequests shall
12knowingly be made in any company, corporation, subsidiary, or affiliate that
13practices or condones through its actions discrimination on the basis of race, religion,
14color, creed, or sex, gender identity or gender expression, as defined in s. 111.32 (7j),
15or sexual orientation, as defined in s. 111.32 (13m)
. Except as otherwise provided in
16this section, the board may invest not to exceed 85 percent of trust funds held and
17administered by the board in common stocks. This subsection does not apply to a gift,
18grant, or bequest that the board declines to accept or that the board is not authorized
19to accept under this section.
AB360,8 20Section 8. 38.04 (13) (b) of the statutes is amended to read:
AB360,7,2521 38.04 (13) (b) No person may, on the ground of sex, gender identity or gender
22expression, as defined in s. 111.32 (7j), sexual orientation, as defined in s. 111.32
23(3m),
age, race, color, religion, or national origin, be excluded from participating in,
24be denied the benefits of, or be subjected to discrimination under any program or
25activity funded in whole or in part with funds made available under this subsection.
AB360,9
1Section 9. 38.23 (1) of the statutes is amended to read:
AB360,8,72 38.23 (1) No student may be denied admission to, participation in, or the
3benefits of, or be discriminated against in, any service, program, course, or facility
4of the board or any district because of the student's race, color, creed, religion, sex,
5national origin, disability, ancestry, age, sexual orientation, as defined in s. 111.32
6(13m), gender identity or gender expression, as defined in s. 111.32 (7j),
pregnancy,
7marital status, or parental status of the student or of the student's parent.
AB360,10 8Section 10. 38.23 (4) of the statutes is amended to read:
AB360,8,129 38.23 (4) Nothing in this section or s. 36.12 prevents institutions from
10segregating students in dormitories based on sex, except that no person may be
11denied equal access to the dormitory most consistent with the person's gender
12identity
.
AB360,11 13Section 11. 47.02 (3m) (f) of the statutes is amended to read:
AB360,8,2014 47.02 (3m) (f) Assure that eligibility for vocational rehabilitation services
15under this chapter is determined without regard to the sex, gender identity or gender
16expression, as defined in s. 111.32 (7j), sexual orientation, as defined in s. 111.32
17(13m),
race, age, creed, color, or national origin of the individual applying for
18services, that no class of individuals is found ineligible solely on the basis of type of
19disability, and that no age limitations for eligibility exist which that, by themselves,
20would result in ineligibility for vocational rehabilitation services.
AB360,12 21Section 12 . 48.82 (1) (a) of the statutes is amended to read:
AB360,8,2322 48.82 (1) (a) A husband and wife Two adults married to each other jointly, or
23either the husband or wife spouse if the other spouse is a parent of the minor.
AB360,13 24Section 13. 48.82 (6) of the statutes is amended to read:
AB360,9,4
148.82 (6) No otherwise qualified person may be denied the benefits of this
2subchapter because of his or her the person's race, color, ancestry or, national origin,
3sex, gender identity or gender expression, as defined in s. 111.32 (7j), or sexual
4orientation, as defined in s. 111.32 (13m)
.
AB360,14 5Section 14. 51.90 of the statutes is amended to read:
AB360,9,10 651.90 Antidiscrimination. No employee, prospective employee, patient, or
7resident of an approved treatment facility, or consumer of services provided under
8this chapter, may be discriminated against because of age, race, creed, color, sex or
9handicap
, disability, gender identity or gender expression, as defined in s. 111.32 (7j),
10or sexual orientation, as defined in s. 111.32 (13m)
.
AB360,15 11Section 15. 66.0125 (3) (a) of the statutes is amended to read:
AB360,9,2212 66.0125 (3) (a) The purpose of the commission is to study, analyze, and
13recommend solutions for the major social, economic, and cultural problems that
14affect people residing or working within the local governmental unit, including
15problems of the family, youth, education, the aging, juvenile delinquency, health and
16zoning standards, discrimination in employment and public accommodations and
17facilities on the basis of sex, class, race, religion, gender identity or gender
18expression, as defined in s. 111.32 (7j),
sexual orientation, as defined in s. 111.32
19(13m),
or ethnic or minority status and discrimination in housing on the basis of sex,
20class, race, religion, sexual orientation, as defined in s. 111.32 (13m), gender identity
21or gender expression, as defined in s. 111.32 (7j),
ethnic or minority status, or status
22as a victim of domestic abuse, sexual assault, or stalking.
AB360,16 23Section 16. 66.0125 (3) (c) 1. b. of the statutes is amended to read:
AB360,9,2524 66.0125 (3) (c) 1. b. To ensure to all residents of a local governmental unit,
25regardless of sex, race, sexual orientation, as defined in s. 111.32 (13m), gender

1identity or gender expression, as defined in s. 111.32 (7j),
or color, the right to enjoy
2equal employment opportunities and to ensure to those residents, regardless of sex,
3race, sexual orientation, as defined in s. 111.32 (13m), gender identity or gender
4expression, as defined in s. 111.32 (7j),
color, or status as a victim of domestic abuse,
5sexual assault, or stalking, the right to possess equal housing opportunities.
AB360,17 6Section 17. 66.0125 (9) of the statutes is amended to read:
AB360,10,157 66.0125 (9) Intent. It is the intent of this section to promote fair and friendly
8relations among all the people in this state, and to that end race, creed, sexual
9orientation, as defined in s. 111.32 (13m), gender identity or gender expression, as
10defined in s. 111.32 (7j),
or color ought not to be made tests in the matter of the right
11of any person to earn a livelihood or to enjoy the equal use of public accommodations
12and facilities and race, creed, sexual orientation, as defined in s. 111.32 (13m), gender
13identity or gender expression, as defined in s. 111.32 (7j),
color, or status as a victim
14of domestic abuse, sexual assault, or stalking ought not to be made tests in the matter
15of the right of any person to sell, lease, occupy, or use real estate.
AB360,18 16Section 18. 66.1011 (1) of the statutes is amended to read:
AB360,11,417 66.1011 (1) Declaration of policy. The right of all persons to have equal
18opportunities for housing regardless of their sex, race, color, disability, as defined in
19s. 106.50 (1m) (g), sexual orientation, as defined in s. 111.32 (13m), gender identity
20or gender expression, as defined in s. 111.32 (7j),
religion, national origin, marital
21status, family status, as defined in s. 106.50 (1m) (k), status as a victim of domestic
22abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), lawful source of
23income, age, or ancestry is a matter both of statewide concern under ss. 101.132 and
24106.50 and also of local interest under this section and s. 66.0125. The enactment
25of ss. 101.132 and 106.50 by the legislature does not preempt the subject matter of

1equal opportunities in housing from consideration by political subdivisions, and does
2not exempt political subdivisions from their duty, nor deprive them of their right, to
3enact ordinances that prohibit discrimination in any type of housing solely on the
4basis of an individual being a member of a protected class.
AB360,19 5Section 19. 66.1201 (2m) of the statutes is amended to read:
AB360,11,126 66.1201 (2m) Discrimination. Persons otherwise entitled to any right, benefit,
7facility, or privilege under ss. 66.1201 to 66.1211 may not be denied the right, benefit,
8facility, or privilege in any manner for any purpose nor be discriminated against
9because of sex, race, color, creed, national origin, gender identity or gender
10expression, as defined in s. 111.32 (7j),
sexual orientation, as defined in s. 111.32
11(13m), or
status as a victim of domestic abuse, sexual assault, or stalking, as defined
12in s. 106.50 (1m) (u), or national origin.
AB360,20 13Section 20. 66.1213 (3) of the statutes is amended to read:
AB360,11,2014 66.1213 (3) Discrimination. Persons otherwise entitled to any right, benefit,
15facility, or privilege under this section may not be denied the right, benefit, facility,
16or privilege in any manner for any purpose nor be discriminated against because of
17sex, race, color, creed, national origin, gender identity or gender expression, as
18defined in s. 111.32 (7j),
sexual orientation, as defined in s. 111.32 (13m), or status
19as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m)
20(u), or national origin.
AB360,21 21Section 21. 66.1301 (2m) of the statutes is amended to read:
AB360,12,322 66.1301 (2m) Discrimination. Persons entitled to any right, benefit, facility,
23or privilege under ss. 66.1301 to 66.1329 may not be denied the right, benefit, facility,
24or privilege in any manner for any purpose nor be discriminated against because of
25sex, race, color, creed, national origin, gender identity or gender expression, as

1defined in s. 111.32 (7j),
sexual orientation, as defined in s. 111.32 (13m), or status
2as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m)
3(u), or national origin.
AB360,22 4Section 22 . 66.1331 (2m) of the statutes is amended to read:
AB360,12,115 66.1331 (2m) Discrimination. Persons otherwise entitled to any right, benefit,
6facility, or privilege under this section may not be denied the right, benefit, facility,
7or privilege in any manner for any purpose nor be discriminated against because of
8sex, race, color, creed, national origin, gender identity or gender expression, as
9defined in s. 111.32 (7j),
sexual orientation, as defined in s. 111.32 (13m), or status
10as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m)
11(u), or national origin.
AB360,23 12Section 23. 66.1333 (3) (e) 2. of the statutes is amended to read:
AB360,12,1913 66.1333 (3) (e) 2. Persons otherwise entitled to any right, benefit, facility, or
14privilege under this section may not be denied the right, benefit, facility, or privilege
15in any manner for any purpose nor be discriminated against because of sex, race,
16color, creed, national origin, gender identity or gender expression, as defined in s.
17111.32 (7j),
sexual orientation, as defined in s. 111.32 (13m), or status as a victim of
18domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or
19national origin
.
AB360,24 20Section 24. 86.195 (5) (c) of the statutes is amended to read:
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