8. Current law prohibits discrimination on several bases in the provision of
vocational rehabilitation or mental health services. The bill adds vaccination status
to the prohibited bases of discrimination.
9. The bill prohibits an insurer from discriminating against an individual on
the basis of vaccination status 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 vaccination
status.
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:
AB309,1
1Section 1
. 15.04 (1) (g) of the statutes is amended to read:
AB309,3,102
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
4status
or, sexual orientation
, as defined in s. 111.32 (13m),
or vaccination status, as
5defined in s. 111.32 (15), examine and assess the statutes under which the head has
6powers or regulatory responsibilities, the procedures by which those statutes are
7administered
, and the rules promulgated under those statutes. If the department
8or agency head finds any such discrimination, he or she shall take remedial action,
9including making recommendations to the appropriate executive, legislative
, or
10administrative authority.
AB309,2
11Section 2
. 16.765 (1) of the statutes is amended to read:
AB309,4,212
16.765
(1) Contracting agencies, the University of Wisconsin Hospitals and
13Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
14Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin
15Economic Development Corporation, and the Bradley Center Sports and
16Entertainment Corporation shall include in all contracts executed by them a
17provision obligating the contractor not to discriminate against any employee or
18applicant for employment because of age, race, religion, color, handicap, sex, physical
19condition, developmental disability
, as defined in s. 51.01 (5), sexual orientation
, as
20defined in s. 111.32 (13m),
or national origin
, or vaccination status, as defined in s.
21111.32 (15), and, except with respect to sexual orientation
and vaccination status,
1obligating the contractor to take affirmative action to ensure equal employment
2opportunities.
AB309,3
3Section 3
. 16.765 (2) of the statutes is amended to read:
AB309,4,214
16.765
(2) Contracting agencies, the University of Wisconsin Hospitals and
5Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
6Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin
7Economic Development Corporation, and the Bradley Center Sports and
8Entertainment Corporation shall include the following provision in every contract
9executed by them: “In connection with the performance of work under this contract,
10the contractor agrees not to discriminate against any employee or applicant for
11employment because of age, race, religion, color, handicap, sex, physical condition,
12developmental disability
, as defined in s. 51.01 (5), sexual orientation
or, national
13origin
, or vaccination status, as defined in s. 111.32 (15). This provision shall include
,
14but not be limited to, the following: employment, upgrading, demotion or transfer;
15recruitment or recruitment advertising; layoff or termination; rates of pay or other
16forms of compensation; and selection for training, including apprenticeship. Except
17with respect to sexual orientation
and vaccination status, the contractor further
18agrees to take affirmative action to ensure equal employment opportunities. The
19contractor agrees to post in conspicuous places, available for employees and
20applicants for employment, notices to be provided by the contracting officer setting
21forth the provisions of the nondiscrimination
clause”. clause.”
AB309,4
22Section 4
. 36.09 (1) (e) of the statutes is amended to read:
AB309,5,1023
36.09
(1) (e) Subject to par. (em), the board shall appoint a president of the
24system; a chancellor for each institution; a dean for each college campus; the state
25geologist; the director of the laboratory of hygiene; the director of the psychiatric
1institute; the state cartographer; and the requisite number of officers, other than the
2vice presidents, associate vice presidents, and assistant vice presidents of the
3system; faculty; academic staff; and other employees and fix the salaries, subject to
4the limitations under par. (j) and s. 230.12 (3) (e), the duties and the term of office
5for each. The board shall fix the salaries, subject to the limitations under par. (j) and
6s. 230.12 (3) (e), and the duties for each chancellor, vice president, associate vice
7president, and assistant vice president of the system. No sectarian or partisan tests
8or any tests based upon race, religion, national origin,
or sex
, or vaccination status,
9as defined in s. 111.32 (15), shall ever be allowed or exercised in the appointment of
10the employees of the system.
AB309,5
11Section
5. 36.11 (3) (a) of the statutes is amended to read:
AB309,5,1712
36.11
(3) (a) The board shall establish the policies for admission within the
13system and within these policies each institution shall establish specific
14requirements for admission to its courses of instruction. No sectarian or partisan
15tests or any tests based upon race, religion, national origin of U.S. citizens
or, sex
,
16or vaccination status, as defined in s. 111.32 (15), shall ever be allowed in the
17admission of students thereto.
AB309,6
18Section 6
. 36.12 (1) of the statutes is amended to read:
AB309,5,2319
36.12
(1) No student may be denied admission to, participation in
, or the
20benefits of, or be discriminated against in
, any service, program, course
, or facility
21of the system or its institutions because of the
student's race, color, creed, religion,
22sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital
23status
or, parental status
, or vaccination status, as defined in s. 111.32 (15).
AB309,7
24Section 7
. 38.04 (13) (b) of the statutes is amended to read:
AB309,6,5
138.04
(13) (b) No person may, on the ground of sex, age, race, color, religion
or, 2national origin,
or vaccination status, as defined in s. 111.32 (15), be excluded from
3participating in, be denied the benefits of, or be subjected to discrimination under
4any program or activity funded in whole or in part with funds made available under
5this subsection.
AB309,8
6Section 8
. 38.23 (1) of the statutes is amended to read:
AB309,6,117
38.23
(1) No student may be denied admission to, participation in
, or the
8benefits of, or be discriminated against in
, any service, program, course
, or facility
9of the board or any district because of the student's race, color, creed, religion, sex,
10national origin, disability, ancestry, age, sexual orientation, pregnancy, marital
11status
or, parental status
, or vaccination status, as defined in s. 111.32 (15).
AB309,9
12Section 9
. 47.02 (3m) (f) of the statutes is amended to read:
AB309,6,1813
47.02
(3m) (f) Assure that eligibility for vocational rehabilitation services
14under this chapter is determined without regard to sex, race, age, creed, color,
or 15national origin
, or vaccination status, as defined in s. 111.32 (15), of the individual
16applying for services, that no class of individuals is found ineligible solely on the
17basis of type of disability
, and that no age limitations for eligibility exist
which that,
18by themselves, would result in ineligibility for vocational rehabilitation services.
AB309,10
19Section
10. 48.82 (7) of the statutes is created to read:
AB309,6,2120
48.82
(7) No otherwise qualified person may be denied the benefits of this
21subchapter because of the person's vaccination status, as defined in s. 111.32 (15).
AB309,11
22Section 11
. 51.90 of the statutes is amended to read:
AB309,7,2
2351.90 Antidiscrimination. No employee, prospective employee, patient
, or
24resident of an approved treatment facility, or consumer of services provided under
1this chapter
, may be discriminated against because of age, race, creed, color, sex
or 2handicap, disability, or vaccination status, as defined in s. 111.32 (15).
AB309,12
3Section 12
. 66.1011 (1) of the statutes is amended to read:
AB309,7,164
66.1011
(1) Declaration of policy. The right of all persons to have equal
5opportunities for housing regardless of their sex, race, color, disability, as defined in
6s. 106.50 (1m) (g), sexual orientation, as defined in s. 111.32 (13m), religion, national
7origin, marital status, family status, as defined in s. 106.50 (1m) (k), status as a
8victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u),
9lawful source of income, age,
or ancestry
, or vaccination status, as defined in s. 111.32
10(15), is a matter both of statewide concern under ss. 101.132 and 106.50 and also of
11local interest under this section and s. 66.0125. The enactment of ss. 101.132 and
12106.50 by the legislature does not preempt the subject matter of equal opportunities
13in housing from consideration by political subdivisions, and does not exempt political
14subdivisions from their duty, nor deprive them of their right, to enact ordinances that
15prohibit discrimination in any type of housing solely on the basis of an individual
16being a member of a protected class.
AB309,13
17Section 13
. 66.1201 (2m) of the statutes is amended to read:
AB309,7,2318
66.1201
(2m) Discrimination. Persons otherwise entitled to any right, benefit,
19facility, or privilege under ss. 66.1201 to 66.1211 may not be denied the right, benefit,
20facility, or privilege in any manner for any purpose nor be discriminated against
21because of sex, race, color, creed, sexual orientation, status as a victim of domestic
22abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u),
or national origin
,
23or vaccination status, as defined in s. 111.32 (15).
AB309,14
24Section 14
. 66.1213 (3) of the statutes is amended to read:
AB309,8,6
166.1213
(3) Discrimination. Persons otherwise entitled to any right, benefit,
2facility, or privilege under this section may not be denied the right, benefit, facility,
3or privilege in any manner for any purpose nor be discriminated against because of
4sex, race, color, creed, sexual orientation, status as a victim of domestic abuse, sexual
5assault, or stalking, as defined in s. 106.50 (1m) (u),
or national origin
, or vaccination
6status, as defined in s. 111.32 (15).
AB309,15
7Section 15
. 66.1301 (2m) of the statutes is amended to read:
AB309,8,138
66.1301
(2m) Discrimination. Persons entitled to any right, benefit, facility,
9or privilege under ss. 66.1301 to 66.1329 may not be denied the right, benefit, facility,
10or privilege in any manner for any purpose nor be discriminated against because of
11sex, race, color, creed, sexual orientation, status as a victim of domestic abuse, sexual
12assault, or stalking, as defined in s. 106.50 (1m) (u),
or national origin
, or vaccination
13status, as defined in s. 111.32 (15).
AB309,16
14Section 16
. 66.1331 (2m) of the statutes is amended to read:
AB309,8,2015
66.1331
(2m) Discrimination. Persons otherwise entitled to any right, benefit,
16facility, or privilege under this section may not be denied the right, benefit, facility,
17or privilege in any manner for any purpose nor be discriminated against because of
18sex, race, color, creed, sexual orientation, status as a victim of domestic abuse, sexual
19assault, or stalking, as defined in s. 106.50 (1m) (u),
or national origin
, or vaccination
20status, as defined in s. 111.32 (15).
AB309,17
21Section 17
. 66.1333 (3) (e) 2. of the statutes is amended to read:
AB309,9,222
66.1333
(3) (e) 2. Persons otherwise entitled to any right, benefit, facility, or
23privilege under this section may not be denied the right, benefit, facility, or privilege
24in any manner for any purpose nor be discriminated against because of sex, race,
25color, creed, sexual orientation, status as a victim of domestic abuse, sexual assault,
1or stalking, as defined in s. 106.50 (1m) (u),
or national origin
, or vaccination status,
2as defined in s. 111.32 (15).
AB309,18
3Section 18
. 86.195 (5) (c) of the statutes is amended to read:
AB309,9,94
86.195
(5) (c)
Conformity with discrimination laws. Each business identified
5as a motorist service on a specific information sign shall, as a condition of eligibility
6for erection, installation
, and maintenance of a sign under this section, give written
7assurance to the department that the business conforms with all applicable laws
8concerning the provisions of public accommodations without regard to race, religion,
9color, sex
or, national origin
, or vaccination status, as defined in s. 111.32 (15).
AB309,19
10Section
19. 106.50 (1) of the statutes is amended to read:
AB309,9,2411
106.50
(1) Intent. It is the intent of this section to render unlawful
12discrimination in housing. It is the declared policy of this state that all persons shall
13have an equal opportunity for housing regardless of sex, race, color, sexual
14orientation, disability, religion, national origin, marital status, family status, status
15as a victim of domestic abuse, sexual assault, or stalking, lawful source of income,
16age,
or ancestry
, or vaccination status, and it is the duty of the political subdivisions
17to assist in the orderly prevention or removal of all discrimination in housing
18through the powers granted under ss. 66.0125 and 66.1011. The legislature hereby
19extends the state law governing equal housing opportunities to cover single-family
20residences that are owner-occupied. The legislature finds that the sale and rental
21of single-family residences constitute a significant portion of the housing business
22in this state and should be regulated. This section shall be considered an exercise
23of the police powers of the state for the protection of the welfare, health, peace,
24dignity, and human rights of the people of this state.
AB309,20
25Section
20. 106.50 (1m) (h) of the statutes is amended to read:
AB309,10,5
1106.50
(1m) (h) “Discriminate" means to segregate, separate, exclude, or treat
2a person or class of persons unequally in a manner described in sub. (2), (2m), or (2r)
3because of sex, race, color, sexual orientation, disability, religion, national origin,
4marital status, family status, status as a victim of domestic abuse, sexual assault,
5or stalking, lawful source of income, age,
or ancestry
, or vaccination status.
AB309,21
6Section
21. 106.50 (1m) (nm) of the statutes is amended to read:
AB309,10,117
106.50
(1m) (nm) “Member of a protected class" means a group of natural
8persons, or a natural person, who may be categorized because of sex, race, color,
9disability, sexual orientation, religion, national origin, marital status, family status,
10status as a victim of domestic abuse, sexual abuse, or stalking, lawful source of
11income, age,
or ancestry
, or vaccination status.
AB309,22
12Section
22. 106.50 (1m) (v) of the statutes is created to read:
AB309,10,1313
106.50
(1m) (v) “Vaccination status” has the meaning given in s. 111.32 (15).
AB309,23
14Section
23. 106.50 (5m) (f) 1. of the statutes is amended to read:
AB309,10,2015
106.50
(5m) (f) 1. Nothing in this section prohibits an owner or agent from
16requiring that a person who seeks to buy or rent housing supply information
17concerning family status, and marital, financial, and business status but not
18concerning race, color, disability, sexual orientation, ancestry, national origin,
19religion, creed, status as a victim of domestic abuse, sexual assault, or stalking,
20vaccination status, or, subject to subd. 2., age.
AB309,24
21Section
24. 106.52 (1) (h) of the statutes is created to read:
AB309,10,2222
106.52
(1) (h) “Vaccination status” has the meaning given in s. 111.32 (15).
AB309,25
23Section
25. 106.52 (3) (a) 1. of the statutes is amended to read:
AB309,11,224
106.52
(3) (a) 1. Deny to another or charge another a higher price than the
25regular rate for the full and equal enjoyment of any public place of accommodation
1or amusement because of sex, race, color, creed,
vaccination status, disability, sexual
2orientation, national origin
, or ancestry.
AB309,26
3Section
26. 106.52 (3) (a) 2. of the statutes is amended to read:
AB309,11,74
106.52
(3) (a) 2. Give preferential treatment to some classes of persons in
5providing services or facilities in any public place of accommodation or amusement
6because of sex, race, color, creed, sexual orientation, national origin
or, ancestry
, or
7vaccination status.
AB309,27
8Section
27. 106.52 (3) (a) 3. of the statutes is amended to read:
AB309,11,169
106.52
(3) (a) 3. Directly or indirectly publish, circulate, display
, or mail any
10written communication which the communicator knows is to the effect that any of
11the facilities of any public place of accommodation or amusement will be denied to
12any person
by reason of, or that the patronage of any person is unwelcome,
13objectionable, or unacceptable, because of sex, race, color, creed, disability, sexual
14orientation, national origin
or, ancestry
or that the patronage of a person is
15unwelcome, objectionable or unacceptable for any of those reasons
, or vaccination
16status.
AB309,28
17Section 28
. 106.52 (3) (a) 4. of the statutes is amended to read:
AB309,11,2018
106.52
(3) (a) 4. Refuse to furnish or charge another a higher rate for any
19automobile insurance because of race, color, creed, disability, national origin
or,
20ancestry
, or vaccination status.
AB309,29
21Section
29. 106.52 (3) (a) 5. of the statutes is amended to read:
AB309,11,2522
106.52
(3) (a) 5. Refuse to rent, charge a higher price than the regular rate
, or
23give preferential treatment, because of sex, race, color, creed, sexual orientation,
24national origin
or, ancestry,
or vaccination status, regarding the use of any private
25facilities commonly rented to the public.
AB309,30
1Section
30. 106.58 of the statutes is amended to read:
AB309,12,5
2106.58 Discrimination in education prohibited. No child may be excluded
3from or discriminated against in admission to any public school or in obtaining the
4advantages, privileges
, and courses of study of such public school on account of sex,
5race, religion
or, national origin
, or vaccination status, as defined in s. 111.32 (15).
AB309,31
6Section
31. 111.31 (1) of the statutes is amended to read:
AB309,12,227
111.31
(1) The legislature finds that the practice of unfair discrimination in
8employment against properly qualified individuals by reason of their age, race,
9creed, color, disability, marital status, sex, national origin, ancestry, sexual
10orientation, arrest record, conviction record, military service, use or nonuse of lawful
11products off the employer's premises during nonworking hours,
or declining to
12attend a meeting or to participate in any communication about religious matters or
13political matters,
or vaccination status substantially and adversely affects the
14general welfare of the state. Employers, labor organizations, employment agencies,
15and licensing agencies that deny employment opportunities and discriminate in
16employment against properly qualified individuals solely because of their age, race,
17creed, color, disability, marital status, sex, national origin, ancestry, sexual
18orientation, arrest record, conviction record, military service, use or nonuse of lawful
19products off the employer's premises during nonworking hours,
or declining to
20attend a meeting or to participate in any communication about religious matters or
21political matters,
or vaccination status deprive those individuals of the earnings that
22are necessary to maintain a just and decent standard of living.
AB309,32
23Section
32. 111.31 (2) of the statutes is amended to read:
AB309,13,1124
111.31
(2) It is the intent of the legislature to protect by law the rights of all
25individuals to obtain gainful employment and to enjoy privileges free from
1employment discrimination because of age, race, creed, color, disability, marital
2status, sex, national origin, ancestry, sexual orientation, arrest record, conviction
3record, military service, use or nonuse of lawful products off the employer's premises
4during nonworking hours,
or declining to attend a meeting or to participate in any
5communication about religious matters or political matters,
or vaccination status 6and to encourage the full, nondiscriminatory utilization of the productive resources
7of the state to the benefit of the state, the family, and all the people of the state. It
8is the intent of the legislature in promulgating this subchapter to encourage
9employers to evaluate an employee or applicant for employment based upon the
10individual qualifications of the employee or applicant rather than upon a particular
11class to which the individual may belong.
AB309,33
12Section
33. 111.31 (3) of the statutes is amended to read:
AB309,13,2213
111.31
(3) In the interpretation and application of this subchapter, and
14otherwise, it is declared to be the public policy of the state to encourage and foster
15to the fullest extent practicable the employment of all properly qualified individuals
16regardless of age, race, creed, color, disability, marital status, sex, national origin,
17ancestry, sexual orientation, arrest record, conviction record, military service, use or
18nonuse of lawful products off the employer's premises during nonworking hours,
or 19declining to attend a meeting or to participate in any communication about religious
20matters or political matters
, or vaccination status. Nothing in this subsection
21requires an affirmative action program to correct an imbalance in the work force.
22This subchapter shall be liberally construed for the accomplishment of this purpose.
AB309,34
23Section
34. 111.32 (15) of the statutes is created to read:
AB309,13,2524
111.32
(15) “Vaccination status” means whether an individual has received one
25or more doses of a vaccine.
AB309,35
1Section
35. 111.321 of the statutes is amended to read:
AB309,14,9
2111.321 Prohibited bases of discrimination. Subject to ss. 111.33 to
3111.365, no employer, labor organization, employment agency, licensing agency, or
4other person may engage in any act of employment discrimination as specified in s.
5111.322 against any individual on the basis of age, race, creed, color, disability,
6marital status, sex, national origin, ancestry, arrest record, conviction record,
7military service, use or nonuse of lawful products off the employer's premises during
8nonworking hours,
or declining to attend a meeting or to participate in any
9communication about religious matters or political matters
, or vaccination status.
AB309,36
10Section
36. 111.373 of the statutes is created to read:
AB309,14,12
11111.373 Vaccination status. No employer, labor organization, employment
12agency, or licensing agency may directly or indirectly do any of the following:
AB309,14,14
13(1) Require any individual as a condition of continued employment or an offer
14of employment, labor organization membership, or licensure to receive any vaccine.
AB309,14,17
15(2) Require any individual as a condition of continued employment or an offer
16of employment, labor organization membership, or licensure to provide proof of
17immunization.
AB309,14,21
18(3) Affect the terms, conditions, or privileges of employment, labor
19organization membership, or licensure or terminate the employment, labor
20organization membership, or licensure of any individual who refuses to provide
21information regarding the individual's vaccination status.
AB309,37
22Section 37
. 111.70 (2) of the statutes is amended to read:
AB309,15,2523
111.70
(2) Rights of municipal employees. Municipal employees have the right
24of self-organization, and the right to form, join, or assist labor organizations, to
25bargain collectively through representatives of their own choosing, and to engage in
1lawful, concerted activities for the purpose of collective bargaining or other mutual
2aid or protection. Municipal employees have the right to refrain from any and all
3such activities. A general municipal employee has the right to refrain from paying
4dues while remaining a member of a collective bargaining unit. A public safety
5employee or a transit employee, however, may be required to pay dues in the manner
6provided in a fair-share agreement; a fair-share agreement covering a public safety
7employee or a transit employee must contain a provision requiring the municipal
8employer to deduct the amount of dues as certified by the labor organization from the
9earnings of the employee affected by the fair-share agreement and to pay the amount
10deducted to the labor organization. A fair-share agreement covering a public safety
11employee or transit employee is subject to the right of the municipal employer or a
12labor organization to petition the commission to conduct a referendum. Such
13petition must be supported by proof that at least 30 percent of the employees in the
14collective bargaining unit desire that the fair-share agreement be terminated. Upon
15so finding, the commission shall conduct a referendum. If the continuation of the
16agreement is not supported by at least the majority of the eligible employees, it shall
17terminate. The commission shall declare any fair-share agreement suspended upon
18such conditions and for such time as the commission decides whenever it finds that
19the labor organization involved has refused on the basis of race, color, sexual
20orientation, creed,
or sex
, or vaccination status, as defined in s. 111.32 (15), to receive
21as a member any public safety employee or transit employee of the municipal
22employer in the bargaining unit involved, and such agreement is subject to this duty
23of the commission. Any of the parties to such agreement or any public safety
24employee or transit employee covered by the agreement may come before the
25commission, as provided in s. 111.07, and ask the performance of this duty.
AB309,38
1Section
38. 111.81 (12) (b) of the statutes is amended to read:
AB309,16,42
111.81
(12) (b) Which discriminates with regard to the terms or conditions of
3membership because of race, color, creed, sex, age, sexual orientation
or, national
4origin
, or vaccination status, as defined in s. 111.32 (15).
AB309,39
5Section 39
. 111.85 (2) (b) of the statutes is amended to read:
AB309,16,146
111.85
(2) (b) The commission shall declare any fair-share or maintenance of
7membership agreement suspended upon such conditions and for such time as the
8commission decides whenever it finds that the labor organization involved has
9refused on the basis of race, color, sexual orientation
or, creed
, or vaccination status,
10as defined in s. 111.32 (15), to receive as a member any public safety employee in the
11collective bargaining unit involved, and the agreement shall be made subject to the
12findings and orders of the commission. Any of the parties to the agreement, or any
13public safety employee covered thereby, may come before the commission, as
14provided in s. 111.07, and petition the commission to make such a finding.
AB309,40
15Section 40
. 118.019 (2d) of the statutes is amended to read:
AB309,16,2316
118.019
(2d) Nondiscrimination. An instructional program under this section
17shall use instructional methods and materials that, consistent with s. 118.13 (1), do
18not discriminate against a pupil based upon the pupil's race, gender, religion, sexual
19orientation, or ethnic or cultural background or against sexually active pupils
or,
20children with disabilities
, or vaccination status, as defined in s. 111.32 (15). Nothing
21in this subsection shall be construed to prohibit a school board from approving an
22instructional program under this section that includes instruction on abstinence
23from sexual activity or that is abstinence-centered.
AB309,41
24Section
41. 118.13 (1) of the statutes is amended to read: