SB474,,9494(b) Gender-related appearance.
SB474,,9595(c) Gender-related expression.
SB474,,9696(d) Gender-related behavior.
SB474,4597Section 45. 111.321 of the statutes is amended to read:
SB474,,9898111.321 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.
SB474,4699Section 46. 111.36 (title) of the statutes is amended to read:
SB474,,100100111.36 (title) Sex, sexual orientation, gender identity or gender expression; exceptions and special cases.
SB474,47101Section 47. 111.36 (1) (br) of the statutes is amended to read:
SB474,,102102111.36 (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.
SB474,48103Section 48. 111.36 (1) (c) of the statutes is amended to read:
SB474,,104104111.36 (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.
SB474,49105Section 49. 111.36 (1) (d) 1. of the statutes is amended to read:
SB474,,106106111.36 (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.
SB474,50107Section 50. 111.36 (1) (d) 2. of the statutes is amended to read:
SB474,,108108111.36 (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.
SB474,51109Section 51. 111.36 (2) of the statutes is amended to read:
SB474,,110110111.36 (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.
SB474,52111Section 52. 111.70 (2) of the statutes is amended to read:
SB474,,112112111.70 (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.
SB474,53113Section 53. 111.81 (12) (b) of the statutes is amended to read:
SB474,,114114111.81 (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.
SB474,54115Section 54. 111.85 (2) (b) of the statutes is amended to read:
SB474,,116116111.85 (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.
SB474,55117Section 55. 118.019 (2d) of the statutes is amended to read:
SB474,,118118118.019 (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.
SB474,56119Section 56. 118.13 (1) of the statutes is amended to read:
SB474,,120120118.13 (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.
SB474,57121Section 57. 118.13 (1m) of the statutes is created to read:
SB474,,122122118.13 (1m) A school board may not discriminate against a pupil-led organization because the organization’s mission is related to sexual orientation, as defined in s. 111.32 (13m), or gender identity or gender expression, as defined in s. 111.32 (7j).