MIM:kjf
2019 - 2020 LEGISLATURE
June 27, 2019 - Introduced by Representatives Spreitzer, Zamarripa, Cabrera,
Anderson, Billings, Bowen, Brostoff, Considine, Crowley, Doyle,
Emerson, Fields, Goyke, Gruszynski, Haywood, Hebl, Hesselbein, Hintz,
Kolste, McGuire, B. Meyers, Milroy, L. Myers, Neubauer, Ohnstad, Pope,
Riemer, Sargent, Shankland, Sinicki, Stubbs, Stuck, Subeck, C. Taylor,
Vining and Vruwink, cosponsored by Senators Carpenter, Bewley,
Erpenbach, Hansen, Johnson, Larson, Miller, Ringhand, Risser,
Schachtner, Shilling, Smith, L. Taylor and Wirch. Referred to Committee
on State Affairs.
AB319,2,2
1An Act to repeal 111.36 (2);
to amend 15.04 (1) (g), 16.765 (1), 16.765 (2), 36.09
2(1) (e), 36.11 (3) (a), 36.12 (1), 36.29 (1), 38.04 (13) (b), 38.23 (1), 47.02 (3m) (f),
348.82 (6), 51.90, 66.0125 (3) (a), 66.0125 (3) (c) 1. b., 66.0125 (9), 66.1011 (1),
466.1201 (2m), 66.1213 (3), 66.1301 (2m), 66.1331 (2m), 66.1333 (3) (e) 2., 86.195
5(5) (c), 106.50 (1), 106.50 (1m) (h), 106.50 (1m) (nm), 106.50 (5m) (f) 1., 106.52
6(3) (a) 1., 106.52 (3) (a) 2., 106.52 (3) (a) 3., 106.52 (3) (a) 4., 106.52 (3) (a) 5.,
7106.58, 111.31 (1), 111.31 (2), 111.31 (3), 111.321, 111.36 (title), 111.36 (1) (a),
8111.36 (1) (c), 111.36 (1) (d) 1., 111.36 (1) (d) 2., 111.70 (2), 111.81 (12) (b), 111.85
9(2) (b), 118.019 (2d), 118.13 (1), 118.20 (1), 118.40 (4) (b) 2., 194.025, 224.77 (1)
10(o), 227.10 (3) (a), 230.01 (2) (b), 230.18, 234.29, 321.37, 440.45 (1), 440.45 (2),
11452.14 (3) (n), 625.12 (2), 632.35 and 756.001 (3); and
to create 106.50 (1m)
12(kg), 106.52 (1) (cr), 111.32 (7j) and 628.34 (3) (c) of the statutes;
relating to:
13discrimination in employment, housing, public accommodations, education,
1insurance coverage, jury duty, and the receipt of mental health or vocational
2rehabilitation services.
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:
AB319,1
1Section
1. 15.04 (1) (g) of the statutes is amended to read:
AB319,3,102
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 gender identity or
5gender expression, as defined in s. 111.32 (7j), examine and assess the statutes under
6which the head has powers or regulatory responsibilities, the procedures by which
7those statutes are administered
, and the rules promulgated under those statutes.
8If the department or agency head finds any such discrimination,
he or she the agency
9head shall take remedial action, including making recommendations to the
10appropriate executive, legislative
, or administrative authority.
AB319,2
11Section
2. 16.765 (1) of the statutes is amended to read:
AB319,4,412
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,
national origin, color,
19handicap, sex, physical condition, developmental disability
, as defined in s. 51.01 (5),
1sexual orientation
, as defined in s. 111.32 (13m), or
national origin gender identity
2or gender expression, as defined in s. 111.32 (7j), and, except with respect to sexual
3orientation
, gender identity, and gender expression, obligating the contractor to take
4affirmative action to ensure equal employment opportunities.
AB319,3
5Section
3. 16.765 (2) of the statutes is amended to read:
AB319,4,246
16.765
(2) Contracting agencies, the University of Wisconsin Hospitals and
7Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
8Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin
9Economic Development Corporation, and the Bradley Center Sports and
10Entertainment Corporation shall include the following provision in every contract
11executed by them: “In connection with the performance of work under this contract,
12the contractor agrees not to discriminate against any employee or applicant for
13employment because of age, race, religion,
national origin, color, handicap, sex,
14physical condition, developmental disability
, as defined in s. 51.01 (5), sexual
15orientation
or national origin, as defined in s. 111.32 (13m), or gender identity or
16gender expression, as defined in s. 111.32 (7j). This provision shall include
, but not
17be limited to, the following: employment, upgrading, demotion or transfer;
18recruitment or recruitment advertising; layoff or termination; rates of pay or other
19forms of compensation; and selection for training, including apprenticeship. Except
20with respect to sexual orientation
, gender identity, and gender expression, the
21contractor further agrees to take affirmative action to ensure equal employment
22opportunities. The contractor agrees to post in conspicuous places, available for
23employees and applicants for employment, notices to be provided by the contracting
24officer setting forth the provisions of the nondiscrimination
clause". clause."