SB111,1064,2111 111.36 (1) (br) Engaging in harassment that consists of unwelcome verbal or
12physical conduct directed at another individual because of that individual's gender,
13gender expression, or gender identity, other than the conduct described in par. (b),
14and that has the purpose or effect of creating an intimidating, hostile or offensive
15work environment or has the purpose or effect of substantially interfering with that
16individual's work performance. Under this paragraph, substantial interference with
17an employee's work performance or creation of an intimidating, hostile or offensive
18work environment is established when the conduct is such that a reasonable person
19under the same circumstances as the employee would consider the conduct
20sufficiently severe or pervasive to interfere substantially with the person's work
21performance or to create an intimidating, hostile or offensive work environment.
SB111,1814 22Section 1814. 111.36 (1) (c) of the statutes is amended to read:
SB111,1065,223 111.36 (1) (c) Discriminating against any woman individual on the basis of
24pregnancy, childbirth, maternity parental leave or related medical conditions by

1engaging in any of the actions prohibited under s. 111.322, including, but not limited
2to, actions concerning fringe benefit programs covering illnesses and disability.
SB111,1815 3Section 1815. 111.36 (1) (d) 1. of the statutes is amended to read:
SB111,1065,104 111.36 (1) (d) 1. For any employer, labor organization, licensing agency or
5employment agency or other person to refuse
Refusing to hire, employ, admit or
6license, or to bar or terminate any individual; barring or terminating from
7employment, membership, or licensure any individual ,; or to discriminate
8discriminating against an any individual in promotion, in compensation , or in the
9terms, conditions, or privileges of employment because of the individual's sexual
10orientation,; or gender expression, or gender identity.
SB111,1816 11Section 1816. 111.36 (1) (d) 2. of the statutes is amended to read:
SB111,1065,1712 111.36 (1) (d) 2. For any employer, labor organization, licensing agency or
13employment agency or other person to discharge
Discharging or otherwise
14discriminate discriminating against any person because he or she the person has
15opposed any discriminatory practices under this paragraph or because he or she the
16person
has made a complaint, testified or assisted in any proceeding under this
17paragraph.
SB111,1817 18Section 1817. 111.36 (4) of the statutes is created to read:
SB111,1065,2319 111.36 (4) Notwithstanding s. 111.322, it is not employment discrimination for
20an employer to require an employee to adhere to reasonable workplace appearance,
21grooming, and dress standards not precluded by other provisions of state or federal
22law, provided that an employer shall allow an employee to appear or dress
23consistently with the employee's gender identity or gender expression.
SB111,1818 24Section 1818. 111.39 (4) (b) of the statutes is amended to read:
SB111,1066,17
1111.39 (4) (b) If the department finds probable cause to believe that any
2discrimination has been or is being committed, that unfair honesty testing has
3occurred or is occurring or that unfair genetic testing has occurred or is occurring,
4it may endeavor to eliminate the practice by conference, conciliation or persuasion.
5If the department does not eliminate the discrimination, unfair honesty testing or
6unfair genetic testing, the department shall issue and serve a written notice of
7hearing, specifying the nature of the discrimination that appears to have been
8committed or unfair honesty testing or unfair genetic testing that has occurred, and
9requiring the person named, in this section called the “respondent", to answer the
10complaint at a hearing before an examiner. The notice shall specify a time of hearing
11not less than 30 days after service of the complaint, and a place of hearing within
12either the county of the respondent's residence or the county in which the
13discrimination, unfair honesty testing or unfair genetic testing appears to have
14occurred
. The department shall designate the place of hearing, which may include
15a remote, web-based, or in-person hearing in a location accessible and in proximity
16to the parties
. The testimony at the hearing shall be recorded or taken down by a
17reporter appointed by the department.
SB111,1819 18Section 1819 . 111.39 (4) (d) of the statutes is amended to read:
SB111,1067,719 111.39 (4) (d) The department shall serve a certified copy of the findings and
20order on the respondent, the order to have the same force as other orders of the
21department and be enforced as provided in s. 103.005. The department shall also
22serve a certified copy of the findings and order on the complainant, together with a
23notice advising the complainant about the right to seek, and the time for seeking,
24review by the commission under sub. (5); about the right to bring, and the time for
25bringing, an action for judicial review under s. 111.395; and about the right to bring,

1and the time for bringing, an action under s. 111.397 (1) (a).
Any person aggrieved
2by noncompliance with the order may have the order enforced specifically by suit in
3equity. If the examiner finds that the respondent has not engaged in discrimination,
4unfair honesty testing, or unfair genetic testing as alleged in the complaint, the
5department shall serve a certified copy of the examiner's findings served on the
6complainant, together with shall be accompanied by an order dismissing the
7complaint.
SB111,1820 8Section 1820 . 111.39 (5) (b) of the statutes is amended to read:
SB111,1067,199 111.39 (5) (b) If no petition is filed the respondent or complainant does not file
10a petition under par. (a)
within 21 days from the date that a copy of the findings and
11order of the examiner is mailed to the last-known address of the respondent served
12on that party,
the findings and order shall be considered final for purposes of
13enforcement under sub. (4) (d). If a timely petition is filed, the commission, on review,
14may either affirm, reverse, or modify the findings or order in whole or in part, or set
15aside the findings and order and remand to the department for further proceedings.
16Such actions shall be based on a review of the evidence submitted. If the commission
17is satisfied that a respondent or complainant has been prejudiced because of
18exceptional delay in the receipt of a copy of any findings and order it, the commission
19may extend the time another 21 days for filing the petition with the department.
SB111,1821 20Section 1821 . 111.39 (5) (d) of the statutes is created to read:
SB111,1068,221 111.39 (5) (d) The commission shall serve a certified copy of the commission's
22decision on the respondent. The commission shall also serve a certified copy of the
23commission's decision on the complainant, together with a notice advising the
24complainant about the right to bring, and the time for bringing, an action for judicial

1review under s. 111.395 and about the right to bring, and the time for bringing, an
2action under s. 111.397 (1) (a).
SB111,1822 3Section 1822 . 111.397 of the statutes is created to read:
SB111,1068,15 4111.397 Civil action. (1) (a) Except as provided in this paragraph, the
5department or an individual alleged or found to have been discriminated against or
6subjected to unfair honesty testing or unfair genetic testing may bring an action in
7circuit court requesting the relief described in sub. (2) (a) against an employer, labor
8organization, or employment agency that is alleged or found to have engaged in that
9discrimination, unfair honesty testing, or unfair genetic testing. The department or
10an individual alleged or found to have been discriminated against or subjected to
11unfair honesty testing or unfair genetic testing may not bring an action under this
12paragraph against a local governmental unit, as defined in s. 19.42 (7u), or against
13an employer, labor organization, or employment agency that employs fewer than 15
14individuals for each working day in each of 20 or more calendar weeks in the current
15or preceding year.
SB111,1068,1916 (b) If a petition for judicial review of the findings and order of the commission
17concerning the same violation as the violation giving rise to the action under par. (a)
18is filed, the circuit court shall consolidate the proceeding for judicial review and the
19action under par. (a).
SB111,1068,2320 (c) An individual alleged or found to have been discriminated against or
21subjected to unfair honesty testing or unfair genetic testing is not required to file a
22complaint under s. 111.39 or seek review under s. 111.395 in order for the department
23or the individual to bring an action under par. (a).
SB111,1068,2524 (d) An action under par. (a) shall be commenced within 300 days after the
25alleged discrimination, unfair honesty testing, or unfair genetic testing occurred.
SB111,1069,16
1(2) (a) Subject to pars. (b) and (c), in an action under sub. (1) (a), if the circuit
2court finds that discrimination, unfair honesty testing, or unfair genetic testing has
3occurred, or if such a finding has been made by an examiner or the commission and
4not been further appealed, the circuit court may order any relief that an examiner
5would be empowered to order under s. 111.39 (4) (c) after a hearing on a complaint
6filed under s. 111.39. In addition, the circuit court shall order the defendant to pay
7to the individual discriminated against or subjected to unfair honesty testing or
8unfair genetic testing any other compensatory damages, and punitive damages
9under s. 895.043 that the circuit court or jury finds appropriate, plus reasonable costs
10and attorney fees incurred in the action. If any relief was ordered under s. 111.39 or
11111.395, the circuit court shall specify whether the relief ordered under this
12paragraph is in addition to or replaces the relief ordered under s. 111.39 or 111.395.
13The sum of the amount of compensatory damages for future economic losses and for
14pain and suffering, emotional distress, mental anguish, loss of enjoyment of life, and
15other noneconomic losses and the amount of punitive damages that a circuit court
16may order may not exceed the following:
SB111,1069,1917 1. In the case of a defendant that employs 100 or fewer employees for each
18working day in each of 20 or more calendar weeks in the current or preceding year,
19$50,000.
SB111,1069,2220 2. In the case of a defendant that employs more than 100 but fewer than 201
21employees for each working day in each of 20 or more calendar weeks in the current
22or preceding year, $100,000.
SB111,1069,2523 3. In the case of a defendant that employs more than 200 but fewer than 501
24employees for each working day in each of 20 or more calendar weeks in the current
25or preceding year, $200,000.
SB111,1070,3
14. In the case of a defendant that employs more than 500 employees for each
2working day in each of 20 or more calendar weeks in the current or preceding year,
3$300,000.
SB111,1070,64 (b) If the circuit court orders a payment under par. (a) because of a violation of
5s. 111.321, 111.37, or 111.372 by an individual employed by an employer, the
6employer of that individual is liable for the payment.
SB111,1070,97 (c) 1. In this paragraph, “consumer price index" means the average of the
8consumer price index for all urban consumers, U.S. city average, as determined by
9the bureau of labor statistics of the federal department of labor.