AB50,947,6 111.335 (4) (f) 1. A state licensing agency that may refuse to license individuals under sub. (3) (a) (ar) 1. or that may bar or terminate individuals from licensing under sub. (3) (a) (ar) 1. shall allow an individual who does not possess a license to, without submitting a full application and without paying the fees applicable to applicants, apply to the agency for a determination of whether the individual would be disqualified from obtaining the license due to his or her conviction record.

AB50,1800 Section 1800. 111.35 (2) (e) of the statutes is amended to read:

AB50,947,10 111.35 (2) (e) Conflicts with any federal or state statute, rule or regulation. This paragraph does not apply with respect to violations concerning marijuana or tetrahydrocannabinols under 21 USC 841 to 865.

AB50,1801 Section 1801. 111.36 (title) of the statutes is amended to read:

AB50,947,13 111.36 (title) Sex, sexual orientation, gender expression, gender identity; exceptions and special cases.

AB50,1802 Section 1802. 111.36 (1) (br) of the statutes is amended to read:

AB50,948,3 111.36 (1) (br) Engaging in harassment that consists of unwelcome verbal or physical conduct directed at another individual because of that individual’s gender, gender expression, or gender identity, other than the conduct described in par. (b), and that has the purpose or effect of creating an intimidating, hostile, or offensive work environment or has the purpose or effect of substantially interfering with that individual’s work performance. Under this paragraph, substantial interference with an employee’s work performance or creation of an intimidating, hostile, or offensive work environment is established when the conduct is such that a reasonable person under the same circumstances as the employee would consider the conduct sufficiently severe or pervasive to interfere substantially with the person’s work performance or to create an intimidating, hostile, or offensive work environment.

AB50,1803 Section 1803. 111.36 (1) (c) of the statutes is amended to read:

AB50,948,9 111.36 (1) (c) Discriminating against any woman individual on the basis of pregnancy, childbirth, maternity parental leave, or related medical conditions by engaging in any of the actions prohibited under s. 111.322, including, but not limited to, actions concerning fringe benefit programs covering illnesses and disability.

AB50,1804 Section 1804. 111.36 (1) (d) 1. of the statutes is amended to read:

AB50,948,17 111.36 (1) (d) 1. For any employer, labor organization, licensing agency or employment agency or other person to refuse Refusing to hire, employ, admit or license, or to bar or terminate any individual; barring or terminating from employment, membership, or licensure any individual,; or to discriminate discriminating against an any individual in promotion, in compensation, or in the terms, conditions, or privileges of employment because of the individual’s sexual orientation; or, gender expression, or gender identity.

AB50,1805 Section 1805. 111.36 (1) (d) 2. of the statutes is amended to read:

AB50,949,2 111.36 (1) (d) 2. For any employer, labor organization, licensing agency or employment agency or other person to discharge Discharging or otherwise discriminate discriminating against any person because he or she the person has opposed any discriminatory practices under this paragraph or because he or she the person has made a complaint, testified or assisted in any proceeding under this paragraph.

AB50,1806 Section 1806. 111.36 (4) of the statutes is created to read:

AB50,949,8 111.36 (4) Notwithstanding s. 111.322, it is not employment discrimination for an employer to require an employee to adhere to reasonable workplace appearance, grooming, and dress standards not precluded by other provisions of state or federal law, provided that an employer shall allow an employee to appear or dress consistently with the employee’s gender identity or gender expression.

AB50,1807 Section 1807. 111.39 (4) (d) of the statutes is amended to read:

AB50,949,22 111.39 (4) (d) The department shall serve a certified copy of the findings and order on the respondent, the order to have the same force as other orders of the department and be enforced as provided in s. 103.005. The department shall also serve a certified copy of the findings and order on the complainant, together with a notice advising the complainant about the right to seek, and the time for seeking, review by the commission under sub. (5); about the right to bring, and the time for bringing, an action for judicial review under s. 111.395; and about the right to bring, and the time for bringing, an action under s. 111.397 (1) (a). Any person aggrieved by noncompliance with the order may have the order enforced specifically by suit in equity. If the examiner finds that the respondent has not engaged in discrimination, unfair honesty testing, or unfair genetic testing as alleged in the complaint, the department shall serve a certified copy of the examiner’s findings on the complainant, together with an order dismissing the complaint.

AB50,1808 Section 1808. 111.39 (5) (b) of the statutes is amended to read:

AB50,950,12 111.39 (5) (b) If no petition is filed the respondent or complainant does not file a petition under par. (a) within 21 days from the date that a copy of the findings and order of the examiner is mailed to the last-known address of the respondent served on that party, the findings and order shall be considered final for purposes of enforcement under sub. (4) (d). If a timely petition is filed, the commission, on review, may either affirm, reverse, or modify the findings or order in whole or in part, or set aside the findings and order and remand to the department for further proceedings. Such actions shall be based on a review of the evidence submitted. If the commission is satisfied that a respondent or complainant has been prejudiced because of exceptional delay in the receipt of a copy of any findings and order it, the commission may extend the time another 21 days for filing the petition with the department.

AB50,1809 Section 1809. 111.39 (5) (d) of the statutes is created to read:

AB50,950,19 111.39 (5) (d) The commission shall serve a certified copy of the commission’s decision on the respondent. The commission shall also serve a certified copy of the commission’s decision on the complainant, together with a notice advising the complainant about the right to bring, and the time for bringing, an action for judicial review under s. 111.395 and about the right to bring, and the time for bringing, an action under s. 111.397 (1) (a).

AB50,1810 Section 1810. 111.397 of the statutes is created to read:

AB50,951,9 111.397 Civil action. (1) (a) Except as provided in this paragraph, the department or an individual alleged or found to have been discriminated against or subjected to unfair honesty testing or unfair genetic testing may bring an action in circuit court requesting the relief described in sub. (2) (a) against an employer, labor organization, or employment agency that is alleged or found to have engaged in that discrimination, unfair honesty testing, or unfair genetic testing. The department or an individual alleged or found to have been discriminated against or subjected to unfair honesty testing or unfair genetic testing may not bring an action under this paragraph against a local governmental unit, as defined in s. 19.42 (7u), or against an employer, labor organization, or employment agency that employs fewer than 15 individuals for each working day in each of 20 or more calendar weeks in the current or preceding year.

AB50,951,13 (b) If a petition for judicial review of the findings and order of the commission concerning the same violation as the violation giving rise to the action under par. (a) is filed, the circuit court shall consolidate the proceeding for judicial review and the action under par. (a).

AB50,951,17 (c) An individual alleged or found to have been discriminated against or subjected to unfair honesty testing or unfair genetic testing is not required to file a complaint under s. 111.39 or seek review under s. 111.395 in order for the department or the individual to bring an action under par. (a).

AB50,951,19 (d) An action under par. (a) shall be commenced within 300 days after the alleged discrimination, unfair honesty testing, or unfair genetic testing occurred.

AB50,952,12 (2) (a) Subject to pars. (b) and (c), in an action under sub. (1) (a), if the circuit court finds that discrimination, unfair honesty testing, or unfair genetic testing has occurred, or if such a finding has been made by an examiner or the commission and not been further appealed, the circuit court may order any relief that an examiner would be empowered to order under s. 111.39 (4) (c) after a hearing on a complaint filed under s. 111.39. In addition, the circuit court shall order the defendant to pay to the individual discriminated against or subjected to unfair honesty testing or unfair genetic testing any other compensatory damages, and punitive damages under s. 895.043 that the circuit court or jury finds appropriate, plus reasonable costs and attorney fees incurred in the action. If any relief was ordered under s. 111.39 or 111.395, the circuit court shall specify whether the relief ordered under this paragraph is in addition to or replaces the relief ordered under s. 111.39 or 111.395. The sum of the amount of compensatory damages for future economic losses and for pain and suffering, emotional distress, mental anguish, loss of enjoyment of life, and other noneconomic losses and the amount of punitive damages that a circuit court may order may not exceed the following:

AB50,952,15 1. In the case of a defendant that employs 100 or fewer employees for each working day in each of 20 or more calendar weeks in the current or preceding year, $50,000.

AB50,952,18 2. In the case of a defendant that employs more than 100 but fewer than 201 employees for each working day in each of 20 or more calendar weeks in the current or preceding year, $100,000.