SB362: Bill Text

SB362,13,18 106.50 (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.

SB362,26 Section 26. 106.50 (1m) (h) of the statutes is amended to read:

SB362,13,25 106.50 (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.

SB362,27 Section 27. 106.50 (1m) (kg) of the statutes is created to read:

SB362,14,3 106.50 (1m) (kg) “Gender identity or gender expression" has the meaning given in s. 111.32 (7j).

SB362,28 Section 28. 106.50 (1m) (nm) of the statutes is amended to read:

SB362,14,9 106.50 (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.

SB362,29 Section 29. 106.50 (5m) (f) 1. of the statutes is amended to read:

SB362,14,16 106.50 (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.

SB362,30 Section 30. 106.52 (1) (cr) of the statutes is created to read:

SB362,14,19 106.52 (1) (cr) “Gender identity or gender expression" has the meaning given in s. 111.32 (7j).

SB362,31 Section 31. 106.52 (3) (a) 1. of the statutes is amended to read:

SB362,14,24 106.52 (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.

SB362,32 Section 32. 106.52 (3) (a) 2. of the statutes is amended to read:

SB362,15,4 106.52 (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.

SB362,33 Section 33. 106.52 (3) (a) 3. of the statutes is amended to read:

SB362,15,13 106.52 (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.

SB362,34 Section 34 . 106.52 (3) (a) 4. of the statutes is amended to read:

SB362,15,17 106.52 (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, gender identity or gender expression, or sexual orientation.

SB362,35 Section 35. 106.52 (3) (a) 5. of the statutes is amended to read:

SB362,15,23 106.52 (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.

SB362,36 Section 36. 106.52 (3) (b) of the statutes is amended to read:

SB362,16,4 106.52 (3) (b) Nothing in this subsection prohibits separate dormitories at higher educational institutions or separate public toilets, showers, saunas and dressing rooms for persons of different sexes, except that no person may be denied equal access to the facilities most consistent with the person's gender identity.

SB362,37 Section 37. 106.52 (3) (c) of the statutes is amended to read:

SB362,16,9 106.52 (3) (c) Nothing in this subsection prohibits separate treatment of persons based on sex with regard to public toilets, showers, saunas and dressing rooms for persons of different sexes, except that no person may be denied equal access to the facilities most consistent with the person's gender identity.

SB362,38 Section 38. 106.52 (3) (d) of the statutes is amended to read:

SB362,16,18 106.52 (3) (d) Nothing in this subsection prohibits a domestic abuse services organization, as defined in s. 995.67 (1) (b), from providing separate shelter facilities, private home shelter care, advocacy, counseling or other care, treatment or services for persons of different sexes or from providing for separate treatment of persons based on sex with regard to the provision of shelter facilities, private home shelter care, advocacy, counseling or other care, treatment or services for persons of different sexes, except that no person may be denied equal access to the facilities most consistent with the person's gender identity.

SB362,39 Section 39. 106.52 (3) (e) of the statutes is amended to read:

SB362,17,3 106.52 (3) (e) Nothing in this section prohibits a fitness center whose services or facilities are intended for the exclusive use of persons of the same sex from providing the use of those services or facilities exclusively to persons of that sex, from denying the use of those services or facilities to persons of the opposite sex, or from directly or indirectly publishing, circulating, displaying, or mailing any written communication to the effect that the use of those services or facilities will be provided exclusively to persons of the same sex and will be denied to persons of the opposite sex, except that no person my be denied equal access to the facilities most consistent with the person's gender identity.

SB362,40 Section 40. 106.58 of the statutes is amended to read:

SB362,17,11 106.58 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, as defined in s. 111.32 (13m); gender identity or gender expression, as defined in s. 111.32 (7j); or physical, mental, emotional, or learning disability of the child or of the child's parent.

SB362,41 Section 41. 111.31 (1) of the statutes is amended to read:

SB362,18,4 111.31 (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.

SB362,42 Section 42. 111.31 (2) of the statutes is amended to read:

SB362,18,18 111.31 (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.

SB362,43 Section 43. 111.31 (3) of the statutes is amended to read:

SB362,19,5 111.31 (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.

SB362,44 Section 44. 111.32 (7j) of the statutes is created to read:

SB362,19,10 111.32 (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:

SB362,19,11 (a) Gender-related identity.

SB362,19,12 (b) Gender-related appearance.

SB362,19,13 (c) Gender-related expression.

SB362,19,14 (d) Gender-related behavior.

SB362,45 Section 45 . 111.321 of the statutes is amended to read:

SB362,19,24 111.321 Prohibited bases of discrimination. Subject to ss. 111.33 to 111.365, no employer, labor organization, employment agency, licensing agency, or other person may engage in any act of employment discrimination as specified in s. 111.322 against any individual on the basis 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.

SB362,46 Section 46. 111.36 (title) of the statutes is amended to read:

SB362,20,2 111.36 (title) Sex, sexual orientation, gender identity or gender expression; exceptions and special cases.

SB362,47 Section 47. 111.36 (1) (br) of the statutes is amended to read:

SB362,20,14 111.36 (1) (br) Engaging in harassment that consists of unwelcome verbal or physical conduct directed at another individual because of that individual's gender, or gender identity or gender expression, other than the conduct described in par. (b), and that has the purpose or effect of creating an intimidating, hostile or offensive work environment or has the purpose or effect of substantially interfering with that individual's work performance. Under this paragraph, substantial interference with an employee's work performance or creation of an intimidating, hostile or offensive work environment is established when the conduct is such that a reasonable person under the same circumstances as the employee would consider the conduct sufficiently severe or pervasive to interfere substantially with the person's work performance or to create an intimidating, hostile or offensive work environment.

SB362,48 Section 48. 111.36 (1) (c) of the statutes is amended to read:

SB362,20,19 111.36 (1) (c) Discriminating against any woman individual on the basis of pregnancy, childbirth, maternity parental leave, or related medical conditions by engaging in any of the actions prohibited under s. 111.322, including, but not limited to, actions concerning fringe benefit programs covering illnesses and disability.

SB362,49 Section 49. 111.36 (1) (d) 1. of the statutes is amended to read:

SB362,21,2 111.36 (1) (d) 1. For any employer, labor organization, licensing agency or employment agency or other person to refuse Refusing to hire, employ, admit, or license, or to bar or terminate any individual; barring or terminating from employment, membership, or licensure any individual ,; or to discriminate discriminating against an any individual in promotion, in compensation , or in the terms, conditions, or privileges of employment because of the individual's sexual orientation; or or gender identity or gender expression.

SB362,50 Section 50. 111.36 (1) (d) 2. of the statutes is amended to read:

SB362,21,9 111.36 (1) (d) 2. For any employer, labor organization, licensing agency or employment agency or other person to discharge Discharging or otherwise discriminate discriminating against any person because he or she the person has opposed any discriminatory practices under this paragraph or because he or she the person has made a complaint, testified, or assisted in any proceeding under this paragraph.

SB362,51 Section 51. 111.36 (2) of the statutes is amended to read:

SB362,21,17 111.36 (2) For the purposes of this subchapter, sex is a bona fide occupational qualification if all of the members of one sex are physically incapable of performing the essential duties required by a job, or if the essence of the employer's business operation would be undermined if employees were not hired exclusively from one sex, provided that an individual may not, for the purposes of this subsection, be treated or regarded inconsistent with the individual's gender identity, or discriminated against based on the individual's gender identity or gender expression.

SB362,52 Section 52. 111.70 (2) of the statutes is amended to read:

SB362,22,22 111.70 (2) Rights of municipal employees. Municipal employees have the right of self-organization, and the right to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection. Municipal employees have the right to refrain from any and all such activities. A general municipal employee has the right to refrain from paying dues while remaining a member of a collective bargaining unit. A public safety employee or a transit employee, however, may be required to pay dues in the manner provided in a fair-share agreement; a fair-share agreement covering a public safety employee or a transit employee must contain a provision requiring the municipal employer to deduct the amount of dues as certified by the labor organization from the earnings of the employee affected by the fair-share agreement and to pay the amount deducted to the labor organization. A fair-share agreement covering a public safety employee or transit employee is subject to the right of the municipal employer or a labor organization to petition the commission to conduct a referendum. Such petition must be supported by proof that at least 30 percent of the employees in the collective bargaining unit desire that the fair-share agreement be terminated. Upon so finding, the commission shall conduct a referendum. If the continuation of the agreement is not supported by at least the majority of the eligible employees, it shall terminate. The commission shall declare any fair-share agreement suspended upon such conditions and for such time as the commission decides whenever it finds that the labor organization involved has refused on the basis of race, color, sexual orientation, as defined in s. 111.32 (13m), gender identity or gender expression, as defined in s. 111.32 (7j), creed, or sex to receive as a member any public safety employee or transit employee of the municipal employer in the bargaining unit involved, and such agreement is subject to this duty of the commission. Any of the parties to such agreement or any public safety employee or transit employee covered by the agreement may come before the commission, as provided in s. 111.07, and ask the performance of this duty.

SB362,53 Section 53. 111.81 (12) (b) of the statutes is amended to read:

SB362,23,2 111.81 (12) (b) Which discriminates with regard to the terms or conditions of membership because of race, color, creed, sex, age, sexual orientation , as defined in s. 111.32 (13m), gender identity or gender expression, as defined in s. 111.32 (7j), or national origin.

SB362,54 Section 54. 111.85 (2) (b) of the statutes is amended to read:

SB362,23,13 111.85 (2) (b) The commission shall declare any fair-share or maintenance of membership agreement suspended upon such conditions and for such time as the commission decides whenever it finds that the labor organization involved has refused on the basis of race, color, sex, sexual orientation, as defined in s. 111.32 (13m), gender identity or gender expression, as defined in s. 111.32 (7j), or creed to receive as a member any public safety employee in the collective bargaining unit involved, and the agreement shall be made subject to the findings and orders of the commission. Any of the parties to the agreement, or any public safety employee covered thereby, may come before the commission, as provided in s. 111.07, and petition the commission to make such a finding.

SB362,55 Section 55. 118.019 (2d) of the statutes is amended to read:

SB362,23,23 118.019 (2d) Nondiscrimination. An instructional program under this section shall use instructional methods and materials that, consistent with s. 118.13 (1), do not discriminate against a pupil based upon the pupil's race, gender, gender identity or gender expression, as defined in s. 111.32 (7j), religion, sexual orientation, as defined in s. 111.32 (13m), or ethnic or cultural background or against sexually active pupils or children with disabilities. Nothing in this subsection shall be construed to prohibit a school board from approving an instructional program under this section that includes instruction on abstinence from sexual activity or that is abstinence-centered.

SB362,56 Section 56. 118.13 (1) of the statutes is amended to read:

SB362,24,8 118.13 (1) Except as provided in s. 120.13 (37m), no person may be denied admission to any public school or be denied participation in, be denied the benefits of, or be discriminated against in any curricular, extracurricular, pupil services, recreational, or other program or activity because of the person's sex,; race,; religion, ; national origin,; ancestry,; creed,; pregnancy ,; marital or parental status, ; sexual orientation or, as defined in s. 111.32 (13m); gender identity or gender expression, as defined in s. 111.32 (7j); or physical, mental, emotional, or learning disability of the person or of the person's parent.

SB362,57 Section 57. 118.20 (1) of the statutes is amended to read:

SB362,24,21 118.20 (1) No discrimination because of sex, except where sex is a bona fide occupational qualification as defined in s. 111.36 (2), ; race, nationality; national origin; sexual orientation, as defined in s. 111.32 (13m); gender identity or gender expression, as defined in s. 111.32 (7j); or political or religious affiliation may be practiced in the employment of teachers or administrative personnel in public schools or in their assignment or reassignment. No questions of any nature or form relative to sex, except where sex is a bona fide occupational qualification, as defined described in s. 111.36 (2),: race, nationality; national origin; sexual orientation, as defined in s. 111.32 (13m); gender identity or gender expression, as defined in s. 111.32 (7j); or political or religious affiliation may be asked applicants for teaching or administrative positions in the public schools either by public school officials or employees or by teachers agencies or placement bureaus.

SB362,58 Section 58. 118.40 (4) (b) 2. of the statutes is amended to read:

SB362,25,3 118.40 (4) (b) 2. Except as provided in sub. (3) (h), discriminate in admission or deny participation in any program or activity on the basis of a person's the sex,; race,; religion, ; national origin,; ancestry ,; pregnancy,; marital or parental status,; sexual orientation, as defined in s. 111.32 (13m); gender identity or gender expression, as defined in s. 111.32 (7j); or physical, mental, emotional, or learning disability of the person or of the person's parent.

SB362,59 Section 59. 194.025 of the statutes is amended to read:

SB362,25,8 194.025 Discrimination prohibited. No motor carrier may engage in any practice, act, or omission which that results in discrimination on the basis of race, creed, sex, sexual orientation, as defined in s. 111.32 (13m), gender identity or gender expression, as defined in s. 111.32 (7j), or national origin.

SB362,60 Section 60. 224.77 (1) (o) of the statutes is amended to read:

SB362,25,17 224.77 (1) (o) In the course of practice as a mortgage banker, mortgage loan originator, or mortgage broker, except in relation to housing designed to meet the needs of elderly individuals, treat a person unequally solely because of sex, race, color, handicap, sexual orientation, as defined in s. 111.32 (13m), gender identity or gender expression, as defined in s. 111.32 (7j), religion, national origin, age, or ancestry, the person's lawful source of income, or the sex, marital status, or status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), of the person maintaining a household.

SB362,61 Section 61. 227.10 (3) (a) of the statutes is amended to read:

SB362,25,22 227.10 (3) (a) No rule, either by its terms or in its application, may discriminate for or against any person by reason of sex, sexual orientation, as defined in s. 111.32 (13m), gender identity or gender expression, as defined in s. 111.32 (7j), race, creed, color, sexual orientation, national origin, or ancestry.

SB362,62 Section 62. 230.01 (2) (b) of the statutes is amended to read:

SB362,26,5 230.01 (2) (b) It is the policy of this state to provide for equal employment opportunity by ensuring that all personnel actions including hire, tenure or term, and condition or privilege of employment be based on the ability to perform the duties and responsibilities assigned to the particular position without regard to age, race, creed or religion, color, disability, sex, national origin, ancestry, sexual orientation, as defined in s. 111.32 (13m), gender identity or gender expression, as defined in s. 111.32 (7j), or political affiliation.

SB362,63 Section 63. 230.18 of the statutes is amended to read:

SB362,26,19 230.18 Discrimination prohibited. No question in any form of application or in any evaluation used in the hiring process may be so framed as to elicit information concerning the partisan political or religious opinions or affiliations of any applicant nor may any inquiry be made concerning such those opinions or affiliations and all disclosures thereof of those opinions or affiliations shall be discountenanced except that the director may evaluate the competence and impartiality of applicants for positions such as clinical chaplain in a state institutional program. No discriminations may be exercised in the recruitment, application, or hiring process against or in favor of any person because of the person's political or religious opinions or affiliations or because of age, sex, disability, race, color, sexual orientation, as defined in s. 111.32 (13m), gender identity or gender expression, as defined in s. 111.32 (7j), national origin, or ancestry, except as otherwise provided.

SB362,64 Section 64. 234.29 of the statutes is amended to read:

SB362,27,5 234.29 Equality of occupancy and employment. The authority shall require that occupancy of housing projects assisted under this chapter be open to all regardless of sex,; race,; religion,; creed; sexual orientation, as defined in s. 111.32 (13m); gender identity or gender expression, as defined in s. 111.32 (7j); or status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or creed, and that contractors and subcontractors engaged in the construction of economic development or housing projects, shall provide an equal opportunity for employment, without discrimination as to sex, race, religion, sexual orientation, as defined in s. 111.32 (13m), gender identity or gender expression, as defined in s. 111.32 (7j), or creed.

SB362,65 Section 65. 321.37 of the statutes is amended to read:

SB362,27,17 321.37 No discrimination. No person, otherwise qualified, may be denied membership in the national guard or state defense force because of sex, color, race, creed, or sexual orientation, as defined in s. 111.32 (13m), or gender identity or gender expression, as defined in s. 111.32 (7j), and no member of the national guard or state defense force may be segregated within the national guard or state defense force on the basis of sex, color, race, creed, or sexual orientation, as defined in s. 111.32 (13m), or gender identity or gender expression, as defined in s. 111.32 (7j). Nothing in this section prohibits separate facilities for persons of different sexes with regard to dormitory accommodations, toilets, showers, saunas, and dressing rooms, except that no person may be denied equal access to facilities most consistent with the person's gender identity.

SB362,66 Section 66. 440.45 (1) of the statutes is amended to read:

SB362,27,24 440.45 (1) Each licensed company shall adopt a policy of nondiscrimination on the basis of trip origin or destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, as defined in s. 111.32 (13m), or gender identity or gender expression, as defined in s. 111.32 (7j), with respect to passengers and prospective passengers and notify all of its participating drivers of the nondiscrimination policy.

SB362,67 Section 67. 440.45 (2) of the statutes is amended to read:

SB362,28,4 440.45 (2) A participating driver may not discriminate against any passenger or prospective passenger on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, as defined in s. 111.32 (13m), or gender identity or gender expression, as defined in s. 111.32 (7j).