1. 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 disability. Current law also requires certain state agencies, authorities, and corporations to include provisions in contracts they execute obliging the contractor to similarly not discriminate against any employee or applicant for employment. The bill adds vaccination status as a prohibited basis for discrimination in these areas.

2. Current law 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 disability. The bill prohibits the same educational institutions from discriminating against a student on the basis of the student's vaccination status. The bill also prohibits the UW System Board of Regents from investing gifts, grants, and bequests in companies that practice discrimination based on vaccination status.

3. Current law prohibits the exclusion of an individual from jury duty on the basis of the individual's physical condition. The bill adds vaccination status as a prohibited basis for exclusion of an individual from jury duty.

4. The bill prohibits discrimination against an otherwise qualified person in the adoption of minor children because of the person's vaccination status.

5. Current law requires the heads of departments and independent agencies in the executive branch of state government to determine whether there is arbitrary discrimination on several bases and to take remedial action if such discrimination is found. The bill requires these heads to also determine if there is discrimination on the basis of vaccination status and take remedial action regarding such discrimination.

6. Current law prohibits discrimination against an employee, prospective employee, patient, or resident of an approved treatment facility providing treatment of alcoholic, drug dependent, mentally ill, or developmentally disabled persons on several bases. The bill adds vaccination status as a prohibited basis of discrimination.

7. Current law prohibits state agency rules from discriminating against a person on several bases. The bill adds vaccination status as a prohibited basis of discrimination.

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:

SB336,1 Section 1 . 15.04 (1) (g) of the statutes is amended to read:

SB336,3,10 15.04 (1) (g) Discrimination review. In order to determine whether there is any arbitrary discrimination on the basis of race, religion, national origin, sex, marital status or, sexual orientation, as defined in s. 111.32 (13m), or vaccination status, as defined in s. 111.32 (15), examine and assess the statutes under which the head has powers or regulatory responsibilities, the procedures by which those statutes are administered, and the rules promulgated under those statutes. If the department or agency head finds any such discrimination, he or she shall take remedial action, including making recommendations to the appropriate executive, legislative, or administrative authority.

SB336,2 Section 2 . 16.765 (1) of the statutes is amended to read:

SB336,4,2 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation shall include in all contracts executed by them a provision obligating the contractor not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability, as defined in s. 51.01 (5), sexual orientation, as defined in s. 111.32 (13m), or national origin , or vaccination status, as defined in s. 111.32 (15), and, except with respect to sexual orientation and vaccination status, obligating the contractor to take affirmative action to ensure equal employment opportunities.

SB336,3 Section 3 . 16.765 (2) of the statutes is amended to read:

SB336,4,21 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation shall include the following provision in every contract executed by them: “In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability, as defined in s. 51.01 (5), sexual orientation or, national origin, or vaccination status, as defined in s. 111.32 (15). This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation and vaccination status, the contractor further agrees to take affirmative action to ensure equal employment opportunities. The contractor agrees to post in conspicuous places, available for employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause”. clause.”

SB336,4 Section 4 . 36.09 (1) (e) of the statutes is amended to read:

SB336,5,10 36.09 (1) (e) Subject to par. (em), the board shall appoint a president of the system; a chancellor for each institution; a dean for each college campus; the state geologist; the director of the laboratory of hygiene; the director of the psychiatric institute; the state cartographer; and the requisite number of officers, other than the vice presidents, associate vice presidents, and assistant vice presidents of the system; faculty; academic staff; and other employees and fix the salaries, subject to the limitations under par. (j) and s. 230.12 (3) (e), the duties and the term of office for each. The board shall fix the salaries, subject to the limitations under par. (j) and s. 230.12 (3) (e), and the duties for each chancellor, vice president, associate vice president, and assistant vice president of the system. No sectarian or partisan tests or any tests based upon race, religion, national origin, or sex, or vaccination status, as defined in s. 111.32 (15), shall ever be allowed or exercised in the appointment of the employees of the system.

SB336,5 Section 5. 36.11 (3) (a) of the statutes is amended to read:

SB336,5,17 36.11 (3) (a) The board shall establish the policies for admission within the system and within these policies each institution shall establish specific requirements for admission to its courses of instruction. No sectarian or partisan tests or any tests based upon race, religion, national origin of U.S. citizens or, sex, or vaccination status, as defined in s. 111.32 (15), shall ever be allowed in the admission of students thereto.

SB336,6 Section 6 . 36.12 (1) of the statutes is amended to read:

SB336,5,23 36.12 (1) No student may be denied admission to, participation in, or the benefits of, or be discriminated against in, any service, program, course, or facility of the system or its institutions because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or, parental status, or vaccination status, as defined in s. 111.32 (15).

SB336,7 Section 7 . 38.04 (13) (b) of the statutes is amended to read:

SB336,6,5 38.04 (13) (b) No person may, on the ground of sex, age, race, color, religion or, national origin, or vaccination status, as defined in s. 111.32 (15), be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this subsection.

SB336,8 Section 8 . 38.23 (1) of the statutes is amended to read:

SB336,6,11 38.23 (1) No student may be denied admission to, participation in, or the benefits of, or be discriminated against in, any service, program, course, or facility of the board or any district because of the student's race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or, parental status, or vaccination status, as defined in s. 111.32 (15).

SB336,9 Section 9 . 47.02 (3m) (f) of the statutes is amended to read: