September 5, 2019 - Introduced by Representatives Sinicki, Anderson, Billings,
Bowen, Brostoff, Cabrera, Considine, Crowley, Doyle, Emerson, Fields,
Goyke, Gruszynski, Haywood, Hebl, Hesselbein, Hintz, Kolste, McGuire, B.
Meyers
, Milroy, L. Myers, Neubauer, Ohnstad, Pope, Riemer, Sargent,
Shankland, Spreitzer, Stubbs, Stuck, Subeck, C. Taylor, Vining, Vruwink
and Zamarripa, cosponsored by Senators Hansen, Wirch, L. Taylor, Smith,
Shilling, Schachtner, Risser, Ringhand, Miller, Larson, Johnson,
Erpenbach and Carpenter. Referred to Committee on Labor and Integrated
Employment.
AB397,1,7 1An Act to repeal 103.36; to amend 111.322 (2m) (a), 111.322 (2m) (b) and 814.04
2(intro.); and to create 103.135 of the statutes; relating to: prohibiting an
3employer from relying on information about a prospective employee's
4compensation when making employment decisions or inquiring about a
5prospective employee's compensation and from restricting an employee's right
6to disclose compensation information and allowing actions in circuit court and
7providing a penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits certain employer conduct related to compensation
information of current and prospective employees.
The bill prohibits an employer from doing any of the following with respect to
a prospective employee:
1. Soliciting information about the prospective employee's current or prior
compensation before making an offer of employment. The bill also repeals a
provision that gives employers the right to solicit such information.
2. Relying on information regarding the prospective employee's current or prior
compensation when determining whether to make an offer of employment, or setting
compensation when making an offer of employment to that prospective employee.

3. Requiring that the prospective employee's current or prior compensation
meet certain criteria in order for the prospective employee to be considered for
employment.
4. Refusing to hire the prospective employee for exercising his or her rights
relating to compensation information.
The bill also prohibits an employer from discharging or discriminating against
a current employee for disclosing the details of the employee's compensation,
discussing the compensation of other employees, asking other employees for details
regarding their compensation, or taking certain actions to enforce an employee's
rights under the bill.
The bill requires employers to post notices, where notices to employees are
customarily posted and on any electronic job posting, regarding employees' and
prospective employees' rights under the bill and provides a penalty for an employer's
failure to do so.
The bill allows the Department of Workforce Development or an individual who
is alleged or was found to have been discriminated against on the basis of
compensation information to bring an action in circuit court in addition to or in lieu
of filing an administrative complaint. The bill does not allow such an action for
damages to be brought against a local governmental unit or against an employer that
employs fewer than 15 individuals.
Under the bill, if the circuit court finds that a defendant has committed an act
of discrimination, the circuit court may award back pay and any other relief that
could have been awarded in an administrative proceeding. In addition, the circuit
court must order the defendant to pay to the individual discriminated against
compensatory and punitive damages that the circuit court finds appropriate, except
that the total amount of damage awarded for future economic losses and for pain and
suffering, emotional distress, mental anguish, loss of enjoyment of life, and other
noneconomic losses and punitive damages is subject to the following limitations:
1. If the defendant employs 100 or fewer employees, no more than $50,000.
2. If the defendant employs more than 100 but fewer than 201 employees, no
more than $100,000.
3. If the defendant employs more than 200 but fewer than 501 employees, no
more than $200,000.
4. If the defendant employs more than 500 employees, no more than $300,000.
The bill requires DWD to annually revise these amounts based upon the change
in the consumer price index in the previous year, if any positive change has occurred.
Under current fair employment law, an individual who alleges discrimination
in employment may file a complaint with DWD seeking action that will effectuate
the purpose of the fair employment law, including reinstating the employee,
providing back pay, and paying costs and attorney fees.

For further information see the state 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:
AB397,1 1Section 1. 103.135 of the statutes is created to read:
AB397,3,5 2103.135 Compensation information of employees and prospective
3employees.
(1) Unlawful employer conduct related to prospective employee
4compensation information
. (a) No employer may directly or indirectly do any of the
5following:
AB397,3,86 1. Subject to par. (b), solicit from a prospective employee or a prospective
7employee's current or former employer information about the prospective employee's
8current or prior compensation before making an offer of employment.
AB397,3,119 2. Require that a prospective employee's current or prior compensation meet
10certain criteria in order for the prospective employee to be considered for
11employment.
AB397,3,1712 3. Refuse to hire or employ or otherwise discriminate against a prospective
13employee in compensation or in the terms, conditions, or privileges of employment
14for opposing a practice prohibited under this paragraph, filing or indicating an intent
15to file a complaint or otherwise attempting to enforce any right under this paragraph,
16or testifying, assisting, or participating in any manner in any investigation, action,
17or proceeding to enforce any right under this paragraph.