SB111,1061,2 18111.321 Prohibited bases of discrimination. Subject to ss. 111.33 to
19111.365, no employer, labor organization, employment agency, licensing agency, or
20other person may engage in any act of employment discrimination as specified in s.
21111.322 against any individual on the basis of age, race, creed, color, disability,
22marital status, sex, national origin, ancestry, sexual orientation, gender expression,
23gender identity,
arrest record, conviction record, military service, use or nonuse of
24lawful products off the employer's premises during nonworking hours, or declining

1to attend a meeting or to participate in any communication about religious matters
2or political matters.
SB111,1800 3Section 1800 . 111.321 of the statutes, as affected by 2021 Wisconsin Act ....
4(this act), is amended to read:
SB111,1061,13 5111.321 Prohibited bases of discrimination. Subject to ss. 111.33 to
6111.365, no employer, labor organization, employment agency, licensing agency, or
7other person may engage in any act of employment discrimination as specified in s.
8111.322 against any individual on the basis of age, race, creed, color, disability,
9marital status, sex, national origin, ancestry, sexual orientation, gender expression,
10gender identity, arrest record, conviction record, military service, status as a holder
11or nonholder of a license under s. 343.03 (3r),
use or nonuse of lawful products off the
12employer's premises during nonworking hours, or declining to attend a meeting or
13to participate in any communication about religious matters or political matters.
SB111,1801 14Section 1801 . 111.322 (2m) (a) of the statutes is amended to read:
SB111,1061,1815 111.322 (2m) (a) The individual files a complaint or attempts to enforce any
16right under s. 103.02, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455,
17103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599
18or 103.64 to 103.82.
SB111,1802 19Section 1802 . 111.322 (2m) (b) of the statutes is amended to read:
SB111,1061,2320 111.322 (2m) (b) The individual testifies or assists in any action or proceeding
21held under or to enforce any right under s. 103.02, 103.10, 103.11, 103.13, 103.28,
22103.32, 103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55,
23or ss. 101.58 to 101.599 or 103.64 to 103.82.
SB111,1803 24Section 1803 . 111.322 (2m) (c) of the statutes is created to read:
SB111,1062,3
1111.322 (2m) (c) The individual files a complaint or attempts to enforce a right
2under s. 66.0903, 103.49, or 229.8275 or testifies or assists in any action or
3proceeding under s. 66.0903, 103.49, or 229.8275.
SB111,1804 4Section 1804. 111.335 (3) (a) of the statutes is renumbered 111.335 (3) (ar).
SB111,1805 5Section 1805. 111.335 (3) (ae) of the statutes is created to read:
SB111,1062,126 111.335 (3) (ae) 1. Employment discrimination because of conviction record
7includes, but is not limited to, requesting an applicant, employee, member, licensee,
8or any other individual, on an application form or otherwise, to supply information
9regarding a crime the record of which has been expunged under s. 973.015. A request
10to supply information regarding criminal convictions shall not be construed as a
11request to supply information regarding a crime the record of which has been
12expunged under s. 973.015.
SB111,1062,1713 2. Notwithstanding par. (ar) 1., it is employment discrimination because of
14conviction record for an employer or licensing agency to engage in any act of
15employment discrimination specified in s. 111.322 on the basis of a conviction the
16record of which has been expunged under s. 973.015. This subdivision does not apply
17to the extent that its application conflicts with federal law.
SB111,1806 18Section 1806 . 111.335 (3) (ag) of the statutes is created to read:
SB111,1062,2419 111.335 (3) (ag) 1. Employment discrimination because of conviction record
20includes a prospective employer requesting an applicant for employment, on an
21application form or otherwise, to supply information regarding the conviction record
22of the applicant, or otherwise inquiring into or considering the conviction record of
23an applicant for employment, before the applicant has been selected for an interview
24by the prospective employer.
SB111,1063,4
12. Subdivision 1. does not prohibit a prospective employer from notifying
2applicants for employment that, subject to this section and ss. 111.321 and 111.322,
3an individual with a particular conviction record may be disqualified by law or under
4the employer's policies from employment in particular positions.
SB111,1807 5Section 1807. 111.335 (4) (b) of the statutes is amended to read:
SB111,1063,106 111.335 (4) (b) It is employment discrimination because of conviction record for
7a licensing agency to refuse to license any individual under sub. (3) (a) (ar) 1. or to
8bar or terminate an individual from licensing under sub. (3) (a) (ar) 1. because the
9individual was adjudicated delinquent under ch. 938 for an offense other than an
10exempt offense.
SB111,1808 11Section 1808. 111.335 (4) (c) 1. (intro.) of the statutes is amended to read:
SB111,1063,1412 111.335 (4) (c) 1. (intro.) If a licensing agency refuses to license an individual
13under sub. (3) (a) (ar) 1. or bars or terminates an individual from licensing under sub.
14(3) (a) (ar) 1., the licensing agency shall, subject to subd. 2., do all of the following:
SB111,1809 15Section 1809. 111.335 (4) (e) of the statutes is amended to read:
SB111,1063,2016 111.335 (4) (e) A state licensing agency that may refuse to license individuals
17under sub. (3) (a) (ar) 1. or that may bar or terminate an individual from licensure
18under sub. (3) (a) (ar) 1. shall publish on the agency's Internet site a document
19indicating the offenses or kinds of offenses that may result in such a refusal, bar, or
20termination.
SB111,1810 21Section 1810. 111.335 (4) (f) 1. of the statutes is amended to read:
SB111,1064,222 111.335 (4) (f) 1. A state licensing agency that may refuse to license individuals
23under sub. (3) (a) (ar) 1. or that may bar or terminate individuals from licensing
24under sub. (3) (a) (ar) 1. shall allow an individual who does not possess a license to,
25without submitting a full application and without paying the fees applicable to

1applicants, apply to the agency for a determination of whether the individual would
2be disqualified from obtaining the license due to his or her conviction record.