SB308: Bill Text

Analysis by the Legislative Reference Bureau

This bill prohibits discrimination on the basis of a person's gender identity or gender expression, which is defined in the bill as a person's gender-related identity, gender-related appearance, gender-related expression, or gender-related behavior, regardless of the person's assigned sex at birth or gender identifiers on official documents issued by a federal, state, or local government agency. The bill also adds sexual orientation and gender identity or gender expression as bases of discrimination in certain other laws prohibiting discrimination.

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 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. The bill also prohibits the University of Wisconsin System, the Technical College System, public elementary and secondary schools, and charter schools from discriminating against a student based on the protected status of the student's parent. In addition, current law prohibits exclusion of a person from jury duty on the basis of the person's sex or sexual orientation.

This bill adds gender identity or gender expression as a prohibited basis for discrimination in employment, housing, and the equal enjoyment of a public place of accommodation or amusement; prohibits the UW 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 gender identity or gender expression; and prohibits exclusion of a person from jury duty on the basis of the person's gender identity or gender expression. This bill also removes sex as a bona fide occupational qualification.

Current law prohibits motor carriers, automobile insurers, and real estate brokers and salespersons from discriminating against a person on the basis of sex; prohibits discrimination on the basis of sex in the provision of vocational rehabilitation or mental health services; and prohibits the UW System Board of Regents from investing gifts, grants, and bequests in companies that practice discrimination based on sex.

This bill prohibits motor carriers, automobile insurers, and real estate brokers and salespersons from discriminating against a person on the basis of sexual orientation, gender identity, or gender expression; prohibits discrimination on the basis of sexual orientation, gender identity, or gender expression in the provision of vocational rehabilitation or mental health services; and prohibits the UW System Board of Regents from investing gifts, grants, and bequests in companies that practice discrimination based on sexual orientation, gender identity, or gender expression.

The bill also generally prohibits an insurer from discriminating against a person on the basis of age, sex, residence, race, color, creed, religion, national origin, ancestry, marital status, occupation, sexual orientation, 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:

SB308,1 Section 1. 15.04 (1) (g) of the statutes is amended to read:

SB308,3,10 15.04 (1) (g) Discrimination review. In order to determine whether there is any arbitrary discrimination on the basis of race, religion, national origin, sex, marital status or, sexual orientation, as defined in s. 111.32 (13m), or gender identity or gender expression, as defined in s. 111.32 (7j), examine and assess the statutes under which the head has powers or regulatory responsibilities, the procedures by which those statutes are administered, and the rules promulgated under those statutes. If the department or agency head finds any such discrimination, he or she the agency head shall take remedial action, including making recommendations to the appropriate executive, legislative, or administrative authority.

SB308,2 Section 2. 16.765 (1) of the statutes is amended to read:

SB308,4,4 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation shall include in all contracts executed by them a provision obligating the contractor not to discriminate against any employee or applicant for employment because of age, race, religion, national origin, color, handicap, sex, physical condition, developmental disability, as defined in s. 51.01 (5), sexual orientation, as defined in s. 111.32 (13m), or national origin gender identity or gender expression, as defined in s. 111.32 (7j), and, except with respect to sexual orientation, gender identity, and gender expression, obligating the contractor to take affirmative action to ensure equal employment opportunities.

SB308,3 Section 3. 16.765 (2) of the statutes is amended to read:

SB308,4,24 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation shall include the following provision in every contract executed by them: “In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, national origin, color, handicap, sex, physical condition, developmental disability, as defined in s. 51.01 (5), sexual orientation or national origin, as defined in s. 111.32 (13m), or gender identity or gender expression, as defined in s. 111.32 (7j). This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, gender identity, and gender expression, the contractor further agrees to take affirmative action to ensure equal employment opportunities. The contractor agrees to post in conspicuous places, available for employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause". clause."

SB308,4 Section 4. 36.09 (1) (e) of the statutes is amended to read:

SB308,5,13 36.09 (1) (e) Subject to par. (em), the board shall appoint a president of the system; a chancellor for each institution; a dean for each college campus; the state geologist; the director of the laboratory of hygiene; the director of the psychiatric institute; the state cartographer; and the requisite number of officers, other than the vice presidents, associate vice presidents, and assistant vice presidents of the system; faculty; academic staff; and other employees and fix the salaries, subject to the limitations under par. (j) and s. 230.12 (3) (e), the duties and the term of office for each. The board shall fix the salaries, subject to the limitations under par. (j) and s. 230.12 (3) (e), and the duties for each chancellor, vice president, associate vice president, and assistant vice president of the system. No sectarian or partisan tests or any tests based upon race, religion, national origin, or sex, sexual orientation, gender identity, or gender expression shall ever be allowed or exercised in the appointment of the employees of the system.

SB308,5 Section 5. 36.11 (3) (a) of the statutes is amended to read:

SB308,5,22 36.11 (3) (a) The board shall establish the policies for admission within the system and within these policies each institution shall establish specific requirements for admission to its courses of instruction. No sectarian or partisan tests test or any tests test based upon race, color, creed, religion, sex, national origin of U.S. citizens or sex a U.S. citizen, disability, ancestry, age, sexual orientation, gender identity, gender expression, pregnancy, marital status, or parental status shall ever be allowed in the admission of students thereto a student to any service, course, program, or facility of the system or any of its institutions.

SB308,6 Section 6. 36.12 (1) of the statutes is amended to read:

SB308,6,4 36.12 (1) No student may be denied admission to, participation in, or the benefits of, or be discriminated against in, any service, program, course, or facility of the system or its institutions because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, gender identity, gender expression, pregnancy, marital status, or parental status of the student or of the student's parent.

SB308,7 Section 7. 36.29 (1) of the statutes is amended to read:

SB308,6,23 36.29 (1) All gifts, grants, and bequests for the benefit or advantage of the system or any of its institutions, departments, or facilities or to provide any means of instruction, illustration, or knowledge in connection therewith, whether made to trustees or otherwise, shall be valid notwithstanding any other provision of this chapter except as otherwise provided in this subsection and shall be executed and enforced according to the provisions of the instrument making the same, including all provisions and directions in any such instrument for accumulation of the income of any fund or rents and profits of any real estate without being subject to the limitations and restrictions provided by law in other cases; but no such income accumulation shall be allowed to produce a fund more than 20 times as great as that originally given. No investment of the funds of such gifts, grants, or bequests shall knowingly be made in any company, corporation, subsidiary, or affiliate that practices or condones through its actions discrimination on the basis of race, religion, color, creed, or sex, sexual orientation, gender identity, or gender expression. Except as otherwise provided in this section, the board may invest not to exceed 85 percent of trust funds held and administered by the board in common stocks. This subsection does not apply to a gift, grant, or bequest that the board declines to accept or that the board is not authorized to accept under this section.

SB308,8 Section 8. 38.04 (13) (b) of the statutes is amended to read:

SB308,7,5 38.04 (13) (b) No person may, on the ground of sex, age, race, color, religion or, national origin, sexual orientation, gender identity, or gender expression, be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this subsection.

SB308,9 Section 9. 38.23 (1) of the statutes is amended to read:

SB308,7,12 38.23 (1) No student may be denied admission to, participation in, or the benefits of, or be discriminated against in, any service, program, course, or facility of the board or any district because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, gender identity, gender expression, pregnancy, marital status, or parental status of the student or of the student's parent.

SB308,10 Section 10. 47.02 (3m) (f) of the statutes is amended to read:

SB308,7,20 47.02 (3m) (f) Assure that eligibility for vocational rehabilitation services under this chapter is determined without regard to the sex, race, age, creed, color, or national origin, sexual orientation, gender identity, or gender expression of the individual applying for services, that no class of individuals is found ineligible solely on the basis of type of disability, and that no age limitations for eligibility exist which that, by themselves, would result in ineligibility for vocational rehabilitation services.

SB308,11 Section 11. 48.82 (6) of the statutes is amended to read:

SB308,7,24 48.82 (6) No otherwise qualified person may be denied the benefits of this subchapter because of his or her the person's race, color, ancestry or, national origin, sexual orientation, gender identity, or gender expression.

SB308,12 Section 12. 51.90 of the statutes is amended to read:

SB308,8,4 51.90 Antidiscrimination. No employee, prospective employee, patient, or resident of an approved treatment facility, or consumer of services provided under this chapter, may be discriminated against because of age, race, creed, color, sex or handicap, disability, sexual orientation, gender identity, or gender expression.

SB308,13 Section 13. 66.0125 (3) (a) of the statutes is amended to read:

SB308,8,15 66.0125 (3) (a) The purpose of the commission is to study, analyze, and recommend solutions for the major social, economic, and cultural problems that affect people residing or working within the local governmental unit, including problems of the family, youth, education, the aging, juvenile delinquency, health and zoning standards, discrimination in employment and public accommodations and facilities on the basis of sex, class, race, religion, sexual orientation, gender identity, gender expression, or ethnic or minority status and discrimination in housing on the basis of sex, class, race, religion, sexual orientation, gender identity, gender expression, ethnic or minority status, or status as a victim of domestic abuse, sexual assault, or stalking.

SB308,14 Section 14. 66.0125 (3) (c) 1. b. of the statutes is amended to read:

SB308,8,22 66.0125 (3) (c) 1. b. To ensure to all residents of a local governmental unit, regardless of sex, race, sexual orientation, gender identity, gender expression, or color, the right to enjoy equal employment opportunities and to ensure to those residents, regardless of sex, race, sexual orientation, gender identity, gender expression, color, or status as a victim of domestic abuse, sexual assault, or stalking, the right to possess equal housing opportunities.

SB308,15 Section 15. 66.0125 (9) of the statutes is amended to read:

SB308,9,6 66.0125 (9) Intent. It is the intent of this section to promote fair and friendly relations among all the people in this state, and to that end race, creed, sexual orientation, gender identity, gender expression, or color ought not to be made tests in the matter of the right of any person to earn a livelihood or to enjoy the equal use of public accommodations and facilities and race, creed, sexual orientation, gender identity, gender expression, color, or status as a victim of domestic abuse, sexual assault, or stalking ought not to be made tests in the matter of the right of any person to sell, lease, occupy, or use real estate.

SB308,16 Section 16. 66.1011 (1) of the statutes is amended to read:

SB308,9,20 66.1011 (1) Declaration of policy. The right of all persons to have equal opportunities for housing regardless of their sex, race, color, disability, as defined in s. 106.50 (1m) (g), sexual orientation, as defined in s. 111.32 (13m), gender identity or gender expression, as defined in s. 111.32 (7j), religion, national origin, marital status, family status, as defined in s. 106.50 (1m) (k), status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), lawful source of income, age, or ancestry is a matter both of statewide concern under ss. 101.132 and 106.50 and also of local interest under this section and s. 66.0125. The enactment of ss. 101.132 and 106.50 by the legislature does not preempt the subject matter of equal opportunities in housing from consideration by political subdivisions, and does not exempt political subdivisions from their duty, nor deprive them of their right, to enact ordinances that prohibit discrimination in any type of housing solely on the basis of an individual being a member of a protected class.

SB308,17 Section 17. 66.1201 (2m) of the statutes is amended to read:

SB308,9,25 66.1201 (2m) Discrimination. Persons otherwise entitled to any right, benefit, facility, or privilege under ss. 66.1201 to 66.1211 may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, national origin, sexual orientation, gender identity, gender expression, or status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin.

SB308,18 Section 18. 66.1213 (3) of the statutes is amended to read:

SB308,10,9 66.1213 (3) Discrimination. Persons otherwise entitled to any right, benefit, facility, or privilege under this section may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, national origin, sexual orientation, gender identity, gender expression, or status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin.

SB308,19 Section 19. 66.1301 (2m) of the statutes is amended to read:

SB308,10,16 66.1301 (2m) Discrimination. Persons entitled to any right, benefit, facility, or privilege under ss. 66.1301 to 66.1329 may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, national origin, sexual orientation, gender identity, gender expression, or status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin.

SB308,20 Section 20 . 66.1331 (2m) of the statutes is amended to read:

SB308,10,23 66.1331 (2m) Discrimination. Persons otherwise entitled to any right, benefit, facility, or privilege under this section may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, national origin, sexual orientation, gender identity, gender expression, status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin.

SB308,21 Section 21. 66.1333 (3) (e) 2. of the statutes is amended to read:

SB308,11,6 66.1333 (3) (e) 2. Persons otherwise entitled to any right, benefit, facility, or privilege under this section may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, national origin, sexual orientation, gender identity, gender expression, or status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin.

SB308,22 Section 22. 86.195 (5) (c) of the statutes is amended to read:

SB308,11,14 86.195 (5) (c) Conformity with discrimination laws. Each business identified as a motorist service on a specific information sign shall, as a condition of eligibility for erection, installation, and maintenance of a sign under this section, give written assurance to the department that the business conforms with all applicable laws concerning the provisions of public accommodations without regard to race, religion, color, national origin, sex or national origin, sexual orientation, gender identity, or gender expression.

SB308,23 Section 23. 106.50 (1) of the statutes is amended to read:

SB308,12,5 106.50 (1) Intent. It is the intent of this section to render unlawful discrimination in housing. It is the declared policy of this state that all persons shall have an equal opportunity for housing regardless of sex, ; race,; color, ; sexual orientation,; gender identity or gender expression; disability,; religion ,; national origin,; marital status,; family status,; status as a victim of domestic abuse, sexual assault, or stalking,; lawful source of income,; age, ; or ancestry, and it is the duty of the political subdivisions to assist in the orderly prevention or removal of all discrimination in housing through the powers granted under ss. 66.0125 and 66.1011. The legislature hereby extends the state law governing equal housing opportunities to cover single-family residences that are owner-occupied. The legislature finds that the sale and rental of single-family residences constitute a significant portion of the housing business in this state and should be regulated. This section shall be considered an exercise of the police powers of the state for the protection of the welfare, health, peace, dignity, and human rights of the people of this state.

SB308,24 Section 24. 106.50 (1m) (h) of the statutes is amended to read:

SB308,12,12 106.50 (1m) (h) “Discriminate" means to segregate, separate, exclude, or treat a person or class of persons unequally in a manner described in sub. (2), (2m), or (2r) because of sex,; race, ; color,; sexual orientation ,; gender identity or gender expression; disability,; religion ,; national origin,; marital status,; family status ,; status as a victim of domestic abuse, sexual assault, or stalking ,; lawful source of income,; age,; or ancestry.

SB308,25 Section 25. 106.50 (1m) (kg) of the statutes is created to read:

SB308,12,15 106.50 (1m) (kg) “Gender identity or gender expression" has the meaning given in s. 111.32 (7j).

SB308,26 Section 26. 106.50 (1m) (nm) of the statutes is amended to read:

SB308,12,21 106.50 (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 ,; gender identity or gender expression; 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.

SB308,27 Section 27. 106.50 (5m) (f) 1. of the statutes is amended to read:

SB308,13,3 106.50 (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,; gender identity or gender expression; ancestry,; national origin,; religion, ; creed,; status as a victim of domestic abuse, sexual assault, or stalking,; or, subject to subd. 2., age.

SB308,28 Section 28. 106.52 (1) (cr) of the statutes is created to read:

SB308,13,6 106.52 (1) (cr) “Gender identity or gender expression" has the meaning given in s. 111.32 (7j).

SB308,29 Section 29. 106.52 (3) (a) 1. of the statutes is amended to read:

SB308,13,11 106.52 (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 ,; disability,; sexual orientation,; gender identity or gender expression; national origin; or ancestry.

SB308,30 Section 30. 106.52 (3) (a) 2. of the statutes is amended to read:

SB308,13,16 106.52 (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,; gender identity or gender expression; national origin; or ancestry.

SB308,31 Section 31. 106.52 (3) (a) 3. of the statutes is amended to read:

SB308,13,25 106.52 (3) (a) 3. Directly or indirectly publish, circulate, display, or mail any written communication which that 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,; gender identity or gender expression; national origin; or ancestry or that the patronage of a person is unwelcome, objectionable or unacceptable for any of those reasons.

SB308,32 Section 32. 106.52 (3) (a) 4. of the statutes is amended to read:

SB308,14,4 106.52 (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, sexual orientation, gender identity, or gender expression.

SB308,33 Section 33. 106.52 (3) (a) 5. of the statutes is amended to read:

SB308,14,10 106.52 (3) (a) 5. Refuse to rent, charge a higher price than the regular rate, or give preferential treatment, regarding the use of any private facilities commonly rented to the public because of sex,; race,; color,; creed,; sexual orientation ,; gender identity or gender expression; national origin; or ancestry, regarding the use of any private facilities commonly rented to the public.

SB308,34 Section 34. 106.58 of the statutes is amended to read:

SB308,14,17 106.58 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 a public school on account of the sex,; race,; religion or; national origin ; ancestry; creed; pregnancy; marital or parental status; sexual orientation; gender identity or gender expression; physical, mental, emotional, or learning disability of the child or of the child's parent.

SB308,35 Section 35. 111.31 (1) of the statutes is amended to read:

SB308,15,10 111.31 (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,; gender identity or gender expression; 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, 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,; gender identity or gender expression; 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, deprive those individuals of the earnings that are necessary to maintain a just and decent standard of living.

SB308,36 Section 36. 111.31 (2) of the statutes is amended to read:

SB308,15,24 111.31 (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,; gender identity or gender expression; 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, 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.

SB308,37 Section 37. 111.31 (3) of the statutes is amended to read:

SB308,16,11 111.31 (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,; gender identity or gender expression; 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. 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.

SB308,38 Section 38. 111.32 (7j) of the statutes is created to read:

SB308,16,16 111.32 (7j) “Gender identity or gender expression” means any of the following with respect to an individual, whether actual or perceived, and regardless of the individual's assigned sex at birth or gender identifiers on official documents issued by a federal, state, or local government agency:

SB308,16,17 (a) Gender-related identity.

SB308,16,18 (b) Gender-related appearance.

SB308,16,19 (c) Gender-related expression.