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SB70-SSA2-SA1,267 11Section 267. 108.221 (1) (a) of the statutes is renumbered 108.221 (1) (a)
12(intro.) and amended to read:
SB70-SSA2-SA1,148,1813 108.221 (1) (a) (intro.) Any employer described in s. 108.18 (2) (c) or engaged
14in the painting or drywall finishing of buildings or other structures
who knowingly
15and intentionally provides false information to the department for the purpose of
16misclassifying or attempting to misclassify an individual who is an employee of the
17employer as a nonemployee shall, for each incident, be assessed a penalty by the
18department as follows:
SB70-SSA2-SA1,148,21 191. For each act occurring before the date of the first determination of a violation
20of this subsection, the employer shall be assessed a penalty
in the amount of $500
21for each employee who is misclassified, but not to exceed $7,500 per incident.
SB70-SSA2-SA1,268 22Section 268. 108.221 (1) (a) 2. of the statutes is created to read:
SB70-SSA2-SA1,149,3
1108.221 (1) (a) 2. For each act occurring after the date of the first determination
2of a violation of this subsection, the employer shall be assessed a penalty in the
3amount of $1,000 for each employee who is misclassified.
SB70-SSA2-SA1,269 4Section 269. 108.221 (2) of the statutes is renumbered 108.221 (2) (intro.) and
5amended to read:
SB70-SSA2-SA1,149,96 108.221 (2) (intro.) Any employer described in s. 108.18 (2) (c) or engaged in the
7painting or drywall finishing of buildings or other structures
who, through coercion,
8requires an individual to adopt the status of a nonemployee shall be assessed a
9penalty by the department as follows:
SB70-SSA2-SA1,149,12 10(a) For each act occurring before the date of the first determination of a
11violation of this subsection, the employer shall be assessed a penalty
in the amount
12of $1,000 for each individual so coerced, but not to exceed $10,000 per calendar year.
SB70-SSA2-SA1,270 13Section 270. 108.221 (2) (b) of the statutes is created to read:
SB70-SSA2-SA1,149,1614 108.221 (2) (b) For each act occurring after the date of the first determination
15of a violation of this subsection, the employer shall be assessed a penalty in the
16amount of $2,000 for each individual so coerced.
SB70-SSA2-SA1,271 17Section 271. 108.24 (2m) of the statutes is amended to read:
SB70-SSA2-SA1,150,518 108.24 (2m) Any employer described in s. 108.18 (2) (c) or engaged in the
19painting or drywall finishing of buildings or other structures
who, after having
20previously been assessed an administrative penalty by the department under s.
21108.221 (1), knowingly and intentionally provides false information to the
22department for the purpose of misclassifying or attempting to misclassify an
23individual who is an employee of the employer as a nonemployee shall be fined $1,000
24for each employee who is misclassified, subject to a maximum fine of $25,000 for each

1violation. The department may, regardless of whether an employer has been subject
2to any administrative assessment under s. 108.221 or any other penalty or
3assessment under this chapter,
refer violations of this subsection for prosecution by
4the department of justice or the district attorney for the county in which the violation
5occurred.
SB70-SSA2-SA1,272 6Section 272. 109.09 (1) of the statutes is amended to read:
SB70-SSA2-SA1,151,37 109.09 (1) The department shall investigate and attempt equitably to adjust
8controversies between employers and employees as to regarding alleged wage
9claims. The department may receive and investigate any wage claim that is filed
10with the department, or received by the department under s. 109.10 (4), no later than
112 years after the date the wages are due. The department may, after receiving a wage
12claim, investigate any wages due from the employer against whom the claim is filed
13to any employee during the period commencing 2 years before the date the claim is
14filed. The department shall enforce this chapter and s. ss. 66.0903, 2013 stats., s.
15103.49, 2013 stats., s. 229.8275, 2013 stats., and s. 16.856, 2015 stats., and ss.
103.02,
16103.49, 103.82, and 104.12 , and 229.8275. In pursuance of this duty, the department
17may sue the employer on behalf of the employee to collect any wage claim or wage
18deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except
19for actions under s. 109.10, the department may refer such an action to the district
20attorney of the county in which the violation occurs for prosecution and collection and
21the district attorney shall commence an action in the circuit court having appropriate
22jurisdiction. Any number of wage claims or wage deficiencies against the same
23employer may be joined in a single proceeding, but the court may order separate
24trials or hearings. In actions that are referred to a district attorney under this
25subsection, any taxable costs recovered by the district attorney shall be paid into the

1general fund of the county in which the violation occurs and used by that county to
2meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office
3of the district attorney who prosecuted the action.
SB70-SSA2-SA1,273 4Section 273. 109.09 (3) of the statutes is repealed.
SB70-SSA2-SA1,274 5Section 274. 111.01 of the statutes is created to read:
SB70-SSA2-SA1,151,8 6111.01 Declaration of policy. The public policy of the state as to employment
7relations and collective bargaining, in the furtherance of which this subchapter is
8enacted, is declared to be as follows:
SB70-SSA2-SA1,151,12 9(1) It recognizes that there are 3 major interests involved, namely: the public,
10the employee, and the employer. These 3 interests are to a considerable extent
11interrelated. It is the policy of the state to protect and promote each of these interests
12with due regard to the situation and to the rights of the others.
SB70-SSA2-SA1,152,2 13(2) Industrial peace, regular and adequate income for the employee, and
14uninterrupted production of goods and services are promotive of all of these
15interests. They are largely dependent upon the maintenance of fair, friendly, and
16mutually satisfactory employment relations and the availability of suitable
17machinery for the peaceful adjustment of whatever controversies may arise. It is
18recognized that certain employers, including farmers, farmer cooperatives, and
19unincorporated farmer cooperative associations, in addition to their general
20employer problems, face special problems arising from perishable commodities and
21seasonal production that require adequate consideration. It is also recognized that
22whatever may be the rights of disputants with respect to each other in any
23controversy regarding employment relations, they should not be permitted, in the
24conduct of their controversy, to intrude directly into the primary rights of 3rd parties

1to earn a livelihood, transact business, and engage in the ordinary affairs of life by
2any lawful means and free from molestation, interference, restraint, or coercion.
SB70-SSA2-SA1,152,7 3(3) Negotiations of terms and conditions of work should result from voluntary
4agreement between employer and employee. For the purpose of such negotiation an
5employee has the right, if the employee desires, to associate with others in organizing
6and bargaining collectively through representatives of the employee's own choosing,
7without intimidation or coercion from any source.
SB70-SSA2-SA1,152,14 8(4) It is the policy of the state, in order to preserve and promote the interests
9of the public, the employee, and the employer alike, to establish standards of fair
10conduct in employment relations and to provide a convenient, expeditious, and
11impartial tribunal by which these interests may have their respective rights and
12obligations adjudicated. While limiting individual and group rights of aggression
13and defense, the state substitutes processes of justice for the more primitive methods
14of trial by combat.
SB70-SSA2-SA1,275 15Section 275. 111.04 (1) and (2) of the statutes are consolidated, renumbered
16111.04 and amended to read:
SB70-SSA2-SA1,152,24 17111.04 Rights of employees. Employees shall have the right of
18self-organization and the right to form, join or assist labor organizations, to bargain
19collectively through representatives of their own choosing, and to engage in lawful,
20concerted activities for the purpose of collective bargaining or other mutual aid or
21protection. (2) Employees shall also have the right to refrain from self-organization;
22forming, joining, or assisting labor organizations; bargaining collectively through
23representatives; or engaging in activities for the purpose of collective bargaining or
24other mutual aid or protection
such activities.
SB70-SSA2-SA1,276 25Section 276. 111.04 (3) of the statutes is repealed.
SB70-SSA2-SA1,277
1Section 277. 111.06 (1) (c) of the statutes is amended to read:
SB70-SSA2-SA1,154,32 111.06 (1) (c) To encourage or discourage membership in any labor
3organization, employee agency, committee, association, or representation plan by
4discrimination in regard to hiring, tenure, or other terms or conditions of
5employment except in a collective bargaining unit where an all-union agreement is
6in effect. An employer may enter into an all-union agreement with the voluntarily
7recognized representative of the employees in a collective bargaining unit, where at
8least a majority of such employees voting have voted affirmatively, by secret ballot,
9in favor of the all-union agreement in a referendum conducted by the commission,
10except that where the bargaining representative has been certified by either the
11commission or the national labor relations board as the result of a representation
12election, no referendum is required to authorize the entry into an all-union
13agreement. An authorization of an all-union agreement continues, subject to the
14right of either party to the all-union agreement to petition the commission to conduct
15a new referendum on the subject. Upon receipt of the petition, if the commission
16determines there is reasonable ground to believe that the employees concerned have
17changed their attitude toward the all-union agreement, the commission shall
18conduct a referendum. If the continuance of the all-union agreement is supported
19on a referendum by a vote at least equal to that provided in this paragraph for its
20initial authorization, it may continue, subject to the right to petition for a further
21vote by the procedure under this paragraph. If the continuance of the all-union
22agreement is not supported on a referendum, it terminates at the expiration of the
23contract of which it is then a part or at the end of one year from the date of the
24announcement by the commission of the result of the referendum, whichever is
25earlier. The commission shall declare any all-union agreement terminated

1whenever it finds that the labor organization involved has unreasonably refused to
2receive as a member any employee of such employer. An interested person may, as
3provided in s. 111.07, request the commission to perform this duty
.
SB70-SSA2-SA1,278 4Section 278. 111.06 (1) (e) of the statutes is amended to read:
SB70-SSA2-SA1,154,75 111.06 (1) (e) To bargain collectively with the representatives of less than a
6majority of the employer's employees in a collective bargaining unit, or to enter into
7an all-union agreement except in the manner provided in par. (c).
SB70-SSA2-SA1,279 8Section 279. 111.06 (1) (i) of the statutes is amended to read:
SB70-SSA2-SA1,154,159 111.06 (1) (i) To deduct labor organization dues or assessments from an
10employee's earnings, unless the employer has been presented with an individual
11order therefor, signed by the employee personally, and terminable at the end of any
12year of its life
by the employee giving to the employer at least 30 days' written notice
13of the termination. This paragraph applies to the extent permitted under federal law
14unless there is an all-union agreement in effect. The employer shall give notice to
15the labor organization of receipt of a notice of termination
.
SB70-SSA2-SA1,280 16Section 280. 111.31 (1) of the statutes is amended to read:
SB70-SSA2-SA1,155,817 111.31 (1) The legislature finds that the practice of unfair discrimination in
18employment against properly qualified individuals by reason of their age, race,
19creed, color, disability, marital status, sex, national origin, ancestry, sexual
20orientation, gender expression, gender identity, arrest record, conviction record,
21military service, use or nonuse of lawful products off the employer's premises during
22nonworking hours, or declining to attend a meeting or to participate in any
23communication about religious matters or political matters, substantially and
24adversely affects the general welfare of the state. Employers, labor organizations,
25employment agencies, and licensing agencies that deny employment opportunities

1and discriminate in employment against properly qualified individuals solely
2because of their age, race, creed, color, disability, marital status, sex, national origin,
3ancestry, sexual orientation, gender expression, gender identity, arrest record,
4conviction record, military service, use or nonuse of lawful products off the
5employer's premises during nonworking hours, or declining to attend a meeting or
6to participate in any communication about religious matters or political matters,
7deprive those individuals of the earnings that are necessary to maintain a just and
8decent standard of living.
SB70-SSA2-SA1,281 9Section 281. 111.31 (2) of the statutes is amended to read:
SB70-SSA2-SA1,155,2210 111.31 (2) It is the intent of the legislature to protect by law the rights of all
11individuals to obtain gainful employment and to enjoy privileges free from
12employment discrimination because of age, race, creed, color, disability, marital
13status, sex, national origin, ancestry, sexual orientation, gender expression, gender
14identity,
arrest record, conviction record, military service, use or nonuse of lawful
15products off the employer's premises during nonworking hours, or declining to
16attend a meeting or to participate in any communication about religious matters or
17political matters, and to encourage the full, nondiscriminatory utilization of the
18productive resources of the state to the benefit of the state, the family, and all the
19people of the state. It is the intent of the legislature in promulgating this subchapter
20to encourage employers to evaluate an employee or applicant for employment based
21upon the individual qualifications of the employee or applicant rather than upon a
22particular class to which the individual may belong.
SB70-SSA2-SA1,282 23Section 282. 111.31 (3) of the statutes is amended to read:
SB70-SSA2-SA1,156,924 111.31 (3) In the interpretation and application of this subchapter, and
25otherwise, it is declared to be the public policy of the state to encourage and foster

1to the fullest extent practicable the employment of all properly qualified individuals
2regardless of age, race, creed, color, disability, marital status, sex, national origin,
3ancestry, sexual orientation, gender expression, gender identity, arrest record,
4conviction record, military service, use or nonuse of lawful products off the
5employer's premises during nonworking hours, or declining to attend a meeting or
6to participate in any communication about religious matters or political matters.
7Nothing in this subsection requires an affirmative action program to correct an
8imbalance in the work force. This subchapter shall be liberally construed for the
9accomplishment of this purpose.
SB70-SSA2-SA1,283 10Section 283. 111.32 (7j) of the statutes is created to read:
SB70-SSA2-SA1,156,1311 111.32 (7j) “Gender expression” means an individual's actual or perceived
12gender-related appearance, behavior, or expression, regardless of whether these
13traits are stereotypically associated with the individual's assigned sex at birth.
SB70-SSA2-SA1,284 14Section 284. 111.32 (7k) of the statutes is created to read:
SB70-SSA2-SA1,156,1615 111.32 (7k) “Gender identity” means an individual's internal understanding
16of the individual's gender, or the individual's perceived gender identity.
SB70-SSA2-SA1,285 17Section 285. 111.321 of the statutes is amended to read:
SB70-SSA2-SA1,157,2 18111.321 Prohibited bases of discrimination. Subject to ss. 111.33 to
19111.365, no employer, labor organization, employment agency, licensing agency, or
20other person may engage in any act of employment discrimination as specified in s.
21111.322 against any individual on the basis of age, race, creed, color, disability,
22marital status, sex, national origin, ancestry, sexual orientation, gender expression,
23gender identity,
arrest record, conviction record, military service, use or nonuse of
24lawful products off the employer's premises during nonworking hours, or declining

1to attend a meeting or to participate in any communication about religious matters
2or political matters.
SB70-SSA2-SA1,188r 3Section 188r. 111.322 (2m) (a) of the statutes is amended to read:
SB70-SSA2-SA1,157,74 111.322 (2m) (a) The individual files a complaint or attempts to enforce any
5right under s. 103.02, 103.10, 103.105, 103.11, 103.13, 103.28, 103.32, 103.34,
6103.455, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to
7101.599 or 103.64 to 103.82.
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-SA1,188t 14Section 188t. 111.322 (2m) (b) of the statutes is amended to read:
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-SA1,287 4Section 287. 111.335 (3) (ag) of the statutes is created to read:
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-SA1,288 15Section 288. 111.36 (title) of the statutes is amended to read:
SB70-SSA2-SA1,158,17 16111.36 (title) Sex, sexual orientation , gender expression, gender
17identity
; exceptions and special cases.
SB70-SSA2-SA1,289 18Section 289. 111.36 (1) (br) of the statutes is amended to read:
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-SA1,290 5Section 290. 111.36 (1) (c) of the statutes is amended to read:
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-SA1,293 25Section 293. 111.36 (4) of the statutes is created to read:
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-SA1,294 6Section 294. 111.39 (4) (d) of the statutes is amended to read:
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-SA1,295 20Section 295. 111.39 (5) (b) of the statutes is amended to read:
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-SA1,296 7Section 296. 111.39 (5) (d) of the statutes is created to read:
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-SA1,297 14Section 297. 111.397 of the statutes is created to read:
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-SA1,298 10Section 298. 111.81 (12) (b) of the statutes is amended to read:
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-SA1,299 15Section 299. 118.20 (1) of the statutes is amended to read:
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