SB70-SSA2-SA1,188s
8Section
188s. 111.322 (2m) (a) of the statutes, as affected by 2023 Wisconsin
9Act .... (this act), is amended to read:
SB70-SSA2-SA1,157,1310
111.322
(2m) (a) The individual files a complaint or attempts to enforce any
11right under s. 103.02, 103.10, 103.105, 103.11, 103.13,
103.135, 103.28, 103.32,
12103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss.
13101.58 to 101.599 or 103.64 to 103.82.
SB70-SSA2-SA1,157,1815
111.322
(2m) (b) The individual testifies or assists in any action or proceeding
16held under or to enforce any right under s. 103.02, 103.10,
103.105, 103.11, 103.13,
17103.28, 103.32, 103.34, 103.455,
103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or
18995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.
SB70-SSA2-SA1,188tr
19Section
188tr. 111.322 (2m) (b) of the statutes, as affected by 2023 Wisconsin
20Act .... (this act), is amended to read:
SB70-SSA2-SA1,157,2421
111.322
(2m) (b) The individual testifies or assists in any action or proceeding
22held under or to enforce any right under s. 103.02, 103.10, 103.105, 103.11, 103.13,
23103.135, 103.28, 103.32, 103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075,
24146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.
SB70-SSA2-SA1,286
25Section
286. 111.322 (2m) (c) of the statutes is created to read:
SB70-SSA2-SA1,158,3
1111.322
(2m) (c) The individual files a complaint or attempts to enforce a right
2under s. 66.0903, 103.49, or 229.8275 or testifies or assists in any action or
3proceeding under s. 66.0903, 103.49, or 229.8275.
SB70-SSA2-SA1,158,105
111.335
(3) (ag) 1. Employment discrimination because of conviction record
6includes a prospective employer requesting an applicant for employment, on an
7application form or otherwise, to supply information regarding the conviction record
8of the applicant, or otherwise inquiring into or considering the conviction record of
9an applicant for employment, before the applicant has been selected for an interview
10by the prospective employer.
SB70-SSA2-SA1,158,1411
2. Subdivision 1. does not prohibit a prospective employer from notifying
12applicants for employment that, subject to this section and ss. 111.321 and 111.322,
13an individual with a particular conviction record may be disqualified by law or under
14the employer's policies from employment in particular positions.
SB70-SSA2-SA1,158,17
16111.36 (title)
Sex, sexual orientation
, gender expression, gender
17identity; exceptions and special cases.
SB70-SSA2-SA1,159,419
111.36
(1) (br) Engaging in harassment that consists of unwelcome verbal or
20physical conduct directed at another individual because of that individual's gender,
21gender expression, or gender identity, other than the conduct described in par. (b),
22and that has the purpose or effect of creating an intimidating, hostile
, or offensive
23work environment or has the purpose or effect of substantially interfering with that
24individual's work performance. Under this paragraph, substantial interference with
25an employee's work performance or creation of an intimidating, hostile
, or offensive
1work environment is established when the conduct is such that a reasonable person
2under the same circumstances as the employee would consider the conduct
3sufficiently severe or pervasive to interfere substantially with the person's work
4performance or to create an intimidating, hostile
, or offensive work environment.
SB70-SSA2-SA1,159,96
111.36
(1) (c) Discriminating against any
woman individual on the basis of
7pregnancy, childbirth,
maternity parental leave
, or related medical conditions by
8engaging in any of the actions prohibited under s. 111.322, including, but not limited
9to, actions concerning fringe benefit programs covering illnesses and disability.
SB70-SSA2-SA1,291
10Section
291. 111.36 (1) (d) 1. of the statutes is amended to read:
SB70-SSA2-SA1,159,1711
111.36
(1) (d) 1.
For any employer, labor organization, licensing agency or
12employment agency or other person to refuse Refusing to hire, employ, admit or
13license
, or to bar or terminate any individual; barring or terminating from
14employment, membership
, or licensure any individual
,; or
to discriminate 15discriminating against
an
any individual in promotion,
in compensation
, or in
the 16terms, conditions
, or privileges of employment because of the individual's sexual
17orientation
; or, gender expression, or gender identity.
SB70-SSA2-SA1,292
18Section
292. 111.36 (1) (d) 2. of the statutes is amended to read:
SB70-SSA2-SA1,159,2419
111.36
(1) (d) 2.
For any employer, labor organization, licensing agency or
20employment agency or other person to discharge Discharging or otherwise
21discriminate discriminating against any person because
he or she the person has
22opposed any discriminatory practices under this paragraph or because
he or she the
23person has made a complaint, testified or assisted in any proceeding under this
24paragraph.
SB70-SSA2-SA1,160,5
1111.36
(4) Notwithstanding s. 111.322, it is not employment discrimination for
2an employer to require an employee to adhere to reasonable workplace appearance,
3grooming, and dress standards not precluded by other provisions of state or federal
4law, provided that an employer shall allow an employee to appear or dress
5consistently with the employee's gender identity or gender expression.
SB70-SSA2-SA1,160,197
111.39
(4) (d) The department shall serve a certified copy of the findings and
8order on the respondent, the order to have the same force as other orders of the
9department and be enforced as provided in s. 103.005.
The department shall also
10serve a certified copy of the findings and order on the complainant, together with a
11notice advising the complainant about the right to seek, and the time for seeking,
12review by the commission under sub. (5); about the right to bring, and the time for
13bringing, an action for judicial review under s. 111.395; and about the right to bring,
14and the time for bringing, an action under s. 111.397 (1) (a). Any person aggrieved
15by noncompliance with the order may have the order enforced specifically by suit in
16equity. If the examiner finds that the respondent has not engaged in discrimination,
17unfair honesty testing, or unfair genetic testing as alleged in the complaint, the
18department shall serve a certified copy of the examiner's findings on the
19complainant, together with an order dismissing the complaint.
SB70-SSA2-SA1,161,621
111.39
(5) (b) If
no petition is filed the respondent or complainant does not file
22a petition under par. (a) within 21 days from the date that a copy of the findings and
23order of the examiner is
mailed to the last-known address of the respondent served
24on that party, the findings and order shall be considered final for purposes of
25enforcement under sub. (4) (d). If a timely petition is filed, the commission, on review,
1may either affirm, reverse
, or modify the findings or order in whole or in part
, or set
2aside the findings and order and remand to the department for further proceedings.
3Such actions shall be based on a review of the evidence submitted. If the commission
4is satisfied that a respondent or complainant has been prejudiced because of
5exceptional delay in the receipt of a copy of any findings and order
it, the commission 6may extend the time another 21 days for filing the petition with the department.
SB70-SSA2-SA1,161,138
111.39
(5) (d) The commission shall serve a certified copy of the commission's
9decision on the respondent. The commission shall also serve a certified copy of the
10commission's decision on the complainant, together with a notice advising the
11complainant about the right to bring, and the time for bringing, an action for judicial
12review under s. 111.395 and about the right to bring, and the time for bringing, an
13action under s. 111.397 (1) (a).
SB70-SSA2-SA1,162,2
15111.397 Civil action. (1) (a) Except as provided in this paragraph, the
16department or an individual alleged or found to have been discriminated against or
17subjected to unfair honesty testing or unfair genetic testing may bring an action in
18circuit court requesting the relief described in sub. (2) (a) against an employer, labor
19organization, or employment agency that is alleged or found to have engaged in that
20discrimination, unfair honesty testing, or unfair genetic testing. The department or
21an individual alleged or found to have been discriminated against or subjected to
22unfair honesty testing or unfair genetic testing may not bring an action under this
23paragraph against a local governmental unit, as defined in s. 19.42 (7u), or against
24an employer, labor organization, or employment agency that employs fewer than 15
1individuals for each working day in each of 20 or more calendar weeks in the current
2or preceding year.
SB70-SSA2-SA1,162,63
(b) If a petition for judicial review of the findings and order of the commission
4concerning the same violation as the violation giving rise to the action under par. (a)
5is filed, the circuit court shall consolidate the proceeding for judicial review and the
6action under par. (a).
SB70-SSA2-SA1,162,107
(c) An individual alleged or found to have been discriminated against or
8subjected to unfair honesty testing or unfair genetic testing is not required to file a
9complaint under s. 111.39 or seek review under s. 111.395 in order for the department
10or the individual to bring an action under par. (a).
SB70-SSA2-SA1,162,1211
(d) An action under par. (a) shall be commenced within 300 days after the
12alleged discrimination, unfair honesty testing, or unfair genetic testing occurred.
SB70-SSA2-SA1,163,3
13(2) (a) Subject to pars. (b) and (c), in an action under sub. (1) (a), if the circuit
14court finds that discrimination, unfair honesty testing, or unfair genetic testing has
15occurred, or if such a finding has been made by an examiner or the commission and
16not been further appealed, the circuit court may order any relief that an examiner
17would be empowered to order under s. 111.39 (4) (c) after a hearing on a complaint
18filed under s. 111.39. In addition, the circuit court shall order the defendant to pay
19to the individual discriminated against or subjected to unfair honesty testing or
20unfair genetic testing any other compensatory damages, and punitive damages
21under s. 895.043 that the circuit court or jury finds appropriate, plus reasonable costs
22and attorney fees incurred in the action. If any relief was ordered under s. 111.39 or
23111.395, the circuit court shall specify whether the relief ordered under this
24paragraph is in addition to or replaces the relief ordered under s. 111.39 or 111.395.
25The sum of the amount of compensatory damages for future economic losses and for
1pain and suffering, emotional distress, mental anguish, loss of enjoyment of life, and
2other noneconomic losses and the amount of punitive damages that a circuit court
3may order may not exceed the following:
SB70-SSA2-SA1,163,64
1. In the case of a defendant that employs 100 or fewer employees for each
5working day in each of 20 or more calendar weeks in the current or preceding year,
6$50,000.
SB70-SSA2-SA1,163,97
2. In the case of a defendant that employs more than 100 but fewer than 201
8employees for each working day in each of 20 or more calendar weeks in the current
9or preceding year, $100,000.
SB70-SSA2-SA1,163,1210
3. In the case of a defendant that employs more than 200 but fewer than 501
11employees for each working day in each of 20 or more calendar weeks in the current
12or preceding year, $200,000.
SB70-SSA2-SA1,163,1513
4. In the case of a defendant that employs more than 500 employees for each
14working day in each of 20 or more calendar weeks in the current or preceding year,
15$300,000.
SB70-SSA2-SA1,163,1816
(b) If the circuit court orders a payment under par. (a) because of a violation of
17s. 111.321, 111.37, or 111.372 by an individual employed by an employer, the
18employer of that individual is liable for the payment.
SB70-SSA2-SA1,163,2119
(c) 1. In this paragraph, “consumer price index" means the average of the
20consumer price index for all urban consumers, U.S. city average, as determined by
21the bureau of labor statistics of the federal department of labor.
SB70-SSA2-SA1,164,922
2. Except as provided in this subdivision, beginning on July 1, 2024, and on
23each July 1 after that, the department shall adjust the amounts specified in par. (a)
241., 2., 3., and 4. by calculating the percentage difference between the consumer price
25index for the 12-month period ending on December 31 of the preceding year and the
1consumer price index for the 12-month period ending on December 31 of the year
2before the preceding year and adjusting those amounts by that percentage
3difference. The department shall publish the adjusted amounts calculated under
4this subdivision in the Wisconsin Administrative Register, and the adjusted amounts
5shall apply to actions commenced under sub. (1) (a) beginning on July 1 of the year
6of publication. This subdivision does not apply if the consumer price index for the
712-month period ending on December 31 of the preceding year did not increase over
8the consumer price index for the 12-month period ending on December 31 of the year
9before the preceding year.
SB70-SSA2-SA1,164,1411
111.81
(12) (b) Which discriminates with regard to the terms or conditions of
12membership because of race, color, creed, sex, age, sexual orientation
, gender
13expression, as defined in s. 111.32 (7j), gender identity, as defined in s. 111.32 (7k), 14or national origin.
SB70-SSA2-SA1,165,316
118.20
(1) No discrimination because of sex, except where sex is a bona fide
17occupational qualification as defined in s. 111.36 (2),
sexual orientation, as defined
18in s. 111.32 (13m), gender expression, as defined in s. 111.32 (7j), gender identity, as
19defined in s. 111.32 (7k), race,
nationality
national origin, or political or religious
20affiliation may be practiced in the employment of teachers or administrative
21personnel in public schools or in their assignment or reassignment. No questions of
22any nature or form relative to sex, except where sex is a bona fide occupational
23qualification as defined in s. 111.36 (2),
sexual orientation, as defined in s. 111.32
24(13m), gender expression, as defined in s. 111.32 (7j), gender identity, as defined in
25s. 111.32 (7k), race,
nationality national origin, or political or religious affiliation may
1be asked applicants for teaching or administrative positions in the public schools
2either by public school officials or employees or by teachers agencies or placement
3bureaus.
SB70-SSA2-SA1,300
4Section
300. 165.68 (1) (a) 3. of the statutes is amended to read:
SB70-SSA2-SA1,165,55
165.68
(1) (a) 3. Sexual abuse, as defined in s. 103.10
(1m) (b) 6 (1) (gd).
SB70-SSA2-SA1,165,97
182.01
(8) Information to be provided with business formation filings. The
8department shall provide informational materials and resources on worker
9misclassification to each person who files with the department any of the following:
SB70-SSA2-SA1,165,1010
(a) Articles of incorporation under s. 180.0202 or 181.0202.
SB70-SSA2-SA1,165,1111
(b) Articles of organization under s. 183.0201.
SB70-SSA2-SA1,165,1212
(c) A statement of qualification under s. 178.0901.
SB70-SSA2-SA1,165,1313
(d) A certificate of limited partnership under s. 179.0201.
SB70-SSA2-SA1,302
14Section
302. 227.01 (13) (Lw) of the statutes is created to read:
SB70-SSA2-SA1,165,1515
227.01
(13) (Lw) Adjusts the minimum wage under s. 104.035 (8m).
SB70-SSA2-SA1,165,2017
227.01
(13) (t) Ascertains and determines prevailing wage rates under ss.
1866.0903, 103.49, 103.50, and 229.8275, except that any action or inaction which
19ascertains and determines prevailing wage rates under ss. 66.0903, 103.49, 103.50,
20and 229.8275 is subject to judicial review under s. 227.40.
SB70-SSA2-SA1,165,2322
229.682
(2) Prevailing wage. The construction of a baseball park facility that
23is financed in whole or in part by a district is subject to s. 66.0903.
SB70-SSA2-SA1,166,6
1229.8275 Prevailing wage. A district may not enter into a contract under s.
2229.827 with a professional football team, as described in s. 229.823, or a related
3party that requires the team or related party to acquire and construct or renovate
4football stadium facilities that are part of any facilities that are leased by the district
5to the team or to a related party unless the professional football team or related party
6agrees to all of the following:
SB70-SSA2-SA1,166,12
7(1) Not to allow any employee working on the football stadium facilities who
8would be entitled to receive the prevailing wage rate under s. 66.0903 and who would
9not be required or allowed to work more than the prevailing hours of labor, if the
10football stadium facilities were a project of public works subject to s. 66.0903, to be
11paid less than the prevailing wage rate or to be required or allowed to work more than
12the prevailing hours of labor, except as allowed under s. 66.0903 (4) (a).
SB70-SSA2-SA1,166,18
13(2) To require any contractor, subcontractor, or agent of a contractor or
14subcontractor performing work on the football stadium facilities to keep and allow
15inspection of records in the same manner as a contractor, subcontractor, or agent of
16a contractor or subcontractor performing work on a project of public works that is
17subject to s. 66.0903 is required to keep and allow inspection of records under s.
1866.0903 (10).
SB70-SSA2-SA1,167,2
19(3) To comply with s. 66.0903 in the same manner as a local governmental unit
20contracting for the erection, construction, remodeling, repairing, or demolition of a
21project of public works is required to comply with s. 66.0903 and to require any
22contractor, subcontractor, or agent of a contractor or subcontractor performing work
23on the football stadium facilities to comply with s. 66.0903 in the same manner as
24a contractor, subcontractor, or agent of a contractor or subcontractor performing
1work on a project of public works that is subject to s. 66.0903 is required to comply
2with s. 66.0903.
SB70-SSA2-SA1,167,104
230.01
(2) (b) It is the policy of this state to provide for equal employment
5opportunity by ensuring that all personnel actions including hire, tenure or term,
6and condition or privilege of employment be based on the ability to perform the duties
7and responsibilities assigned to the particular position without regard to age, race,
8creed or religion, color, disability, sex, national origin, ancestry, sexual orientation,
9gender expression, as defined in s. 111.32 (7j), gender identity, as defined in s. 111.32
10(7k), or political affiliation.
SB70-SSA2-SA1,167,24
12230.18 Discrimination prohibited. No question in any form of application
13or in any evaluation used in the hiring process may be so framed as to elicit
14information concerning the partisan political or religious opinions or affiliations of
15any applicant nor may any inquiry be made concerning
such those opinions or
16affiliations and all disclosures
thereof of those opinions or affiliations shall be
17discountenanced except that the director may evaluate the competence and
18impartiality of applicants for positions such as clinical chaplain in a state
19institutional program. No discriminations may be exercised in the recruitment,
20application, or hiring process against or in favor of any person because of the person's
21political or religious opinions or affiliations or because of age, sex, disability, race,
22color, sexual orientation,
gender expression, as defined in s. 111.32 (7j), gender
23identity, as defined in s. 111.32 (7k), national origin, or ancestry except as otherwise
24provided.
SB70-SSA2-SA1,168,9
1234.29 Equality of occupancy and employment. The authority shall
2require that occupancy of housing projects assisted under this chapter be open to all
3regardless of sex, race, religion, sexual orientation, status as a victim of domestic
4abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or creed, and that
5contractors and subcontractors engaged in the construction of economic
6development or housing projects, shall provide an equal opportunity for
7employment, without discrimination as to sex, race, religion, sexual orientation,
8gender expression, as defined in s. 111.32 (7j), gender identity, as defined in s. 111.32
9(7k), or creed.
SB70-SSA2-SA1,168,21
11321.37 No discrimination. No person, otherwise qualified, may be denied
12membership in the national guard or state defense force because of sex, color, race,
13creed,
or sexual orientation
, gender expression, as defined in s. 111.32 (7j), or gender
14identity, as defined in s. 111.32 (7k), and no member of the national guard or state
15defense force may be segregated within the national guard or state defense force on
16the basis of sex, color, race, creed,
or sexual orientation
, gender expression, as defined
17in s. 111.32 (7j), or gender identity, as defined in s. 111.32 (7k). Nothing in this section
18prohibits separate facilities for persons of different sexes with regard to dormitory
19accommodations, toilets, showers, saunas, and dressing rooms
, except that no person
20may be denied equal access to facilities most consistent with the person's gender
21identity.
SB70-SSA2-SA1,169,2
23814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.195 (5m)
24(b), 100.30 (5m), 106.50 (6) (i) and (6m) (a),
111.397 (2) (a), 115.80 (9), 767.553 (4) (d),
25769.313, 802.05, 814.245, 895.035 (4), 895.044, 895.443 (3), 895.444 (2), 895.445 (3),
1895.446 (3), 895.506, 943.212 (2) (b), 943.245 (2) (d), 943.51 (2) (b), and 995.10 (3),
2when allowed costs shall be as follows:
SB70-SSA2-SA1,212s
3Section
212s. 814.04 (intro.) of the statutes, as affected by 2023 Wisconsin Act
4.... (this act), is amended to read:
SB70-SSA2-SA1,169,9
5814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.195 (5m)
6(b), 100.30 (5m),
103.135 (3), 106.50 (6) (i) and (6m) (a), 111.397 (2) (a), 115.80 (9),
7767.553 (4) (d), 769.313, 802.05, 814.245, 895.035 (4), 895.044, 895.443 (3), 895.444
8(2), 895.445 (3), 895.446 (3), 895.506, 943.212 (2) (b), 943.245 (2) (d), 943.51 (2) (b),
9and 995.10 (3), when allowed costs shall be as follows:
SB70-SSA2-SA1,169,12
11893.995 Employment discrimination; civil remedies. Any civil action
12arising under s. 111.397 is subject to the limitations of s. 111.397 (1) (b).
SB70-SSA2-SA1,169,1614
943.395
(1) (e) Presents an application for worker's compensation insurance
15coverage that is false or fraudulent or that falsely or fraudulently misclassifies
16employees to lower worker's compensation insurance premiums.
SB70-SSA2-SA1,170,6
18946.15 Public construction contracts at less than full rate. (1) Any
19employer, or any agent or employee of an employer, who induces any individual who
20seeks to be or is employed pursuant to a public contract, as defined in s. 66.0901 (1)
21(c), or who seeks to be or is employed on a project on which a prevailing wage rate
22determination has been issued by the department of workforce development under
23s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) to give up, waive, or return any
24part of the compensation to which that individual is entitled under his or her contract
25of employment or under the prevailing wage rate determination issued by the
1department, or who reduces the hourly basic rate of pay normally paid to an
2employee for work on a project on which a prevailing wage rate determination has
3not been issued under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) during a
4week in which the employee works both on a project on which a prevailing wage rate
5determination has been issued and on a project on which a prevailing wage rate
6determination has not been issued, is guilty of a Class I felony.
SB70-SSA2-SA1,170,19
7(2) Any individual employed pursuant to a public contract, as defined in s.
866.0901 (1) (c), or employed on a project on which a prevailing wage rate
9determination has been issued by the department of workforce development under
10s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) who gives up, waives, or returns
11to the employer or agent of the employer any part of the compensation to which the
12employee is entitled under his or her contract of employment or under the prevailing
13wage determination issued by the department, or who gives up any part of the
14compensation to which he or she is normally entitled for work on a project on which
15a prevailing wage rate determination has not been issued under s. 66.0903 (3),
16103.49 (3), 103.50 (3), or 229.8275 (3) during a week in which the individual works
17part-time on a project on which a prevailing wage rate determination has been
18issued and part-time on a project on which a prevailing wage rate determination has
19not been issued, is guilty of a Class C misdemeanor.
SB70-SSA2-SA1,171,3
20(3) Any employer or labor organization, or any agent or employee of an
21employer or labor organization, who induces any individual who seeks to be or is
22employed on a project on which a prevailing wage rate determination has been issued
23by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50
24(3), or 229.8275 (3) to allow any part of the wages to which that individual is entitled
25under the prevailing wage rate determination issued by the department or local
1governmental unit to be deducted from the individual's pay is guilty of a Class I
2felony, unless the deduction would be allowed under
29 CFR 3.5 or
3.6 from an
3individual who is working on a project that is subject to
40 USC 3142.
SB70-SSA2-SA1,171,11
4(4) Any individual employed on a project on which a prevailing wage rate
5determination has been issued by the department of workforce development under
6s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) who allows any part of the wages
7to which that individual is entitled under the prevailing wage rate determination
8issued by the department or local governmental unit to be deducted from his or her
9pay is guilty of a Class C misdemeanor, unless the deduction would be allowed under
1029 CFR 3.5 or
3.6 from an individual who is working on a project that is subject to
1140 USC 3142.