Text of WI SB 328 (2018)

LRB-3782/1 MED/KRP/AJM:emw 2017 - 2018 LEGISLATURE 2017 SENATE BILL 328 June 23, 2017 - Introduced by Senators CARPENTER, LARSON, MILLER, RISSER, SHILLING, L. TAYLOR and VINEHOUT, cosponsored by Representatives SPREITZER, ZAMARRIPA, ANDERSON, BERCEAU, BILLINGS, BROSTOFF, CONSIDINE, CROWLEY, GOYKE, MASON, MILROY, POPE, RIEMER, SARGENT, SHANKLAND, SUBECK, C. TAYLOR, VRUWINK, WACHS and ZEPNICK. Referred to Committee on Government Operations, Technology and Consumer Protection. AN ACT to amend 15.04 (1) (g), 16.765 (1), 16.765 (2), 36.09 (1) (e), 36.11 (3) (a), 36.12 (1), 36.29 (1), 38.04 (13) (b), 38.23 (1), 47.02 (3m) (f), 51.90, 66.0125 (3) (a), 66.0125 (3) (c) 1. b., 66.0125 (9), 66.1011 (1), 66.1201 (2m), 66.1213 (3), 66.1301 (2m), 66.1333 (3) (e) 2., 86.195 (5) (c), 106.50 (1), 106.50 (1m) (h), 106.50 (1m) (nm), 106.50 (5m) (f) 1., 106.52 (3) (a) 1., 106.52 (3) (a) 2., 106.52 (3) (a) 3., 106.52 (3) (a) 5., 106.58, 111.31 (1), 111.31 (2), 111.31 (3), 111.321, 111.36 (title), 111.36 (1) (d) 1., 111.36 (1) (d) 2., 111.70 (2), 111.81 (12) (b), 118.019 (2d), 118.13 (1), 118.20 (1), 118.40 (4) (b) 2., 194.025, 224.77 (1) (o), 227.10 (3) (a), 230.01 (2) (b), 230.18, 234.29, 321.37, 440.45 (1), 440.45 (2), 452.14 (3) (n), 632.35 and 756.001 (3); and to create 106.50 (1m) (kg), 106.52 (1) (cr), 111.32 (7j) and 628.34 (3) (c) of the statutes; relating to: discrimination in employment, housing, public accommodations, education, insurance coverage, jury duty, and the receipt of 1 2 3 4 5 6 7 8 9 10 11 12 - 2 - 2017 - 2018 Legislature LRB-3782/1 MED/KRP/AJM:emw SENATE BILL 328 mental health or vocational rehabilitation services on the basis of a person's gender identity, gender expression, or sexual orientation. Analysis by the Legislative Reference Bureau This bill prohibits discrimination on the basis of a person's gender identity or gender expression, which is defined in the bill as a person's gender-related identity, gender-related appearance, gender-related expression, or gender-related behavior, regardless of the person's assigned sex at birth or gender identifiers on official documents issued by a federal, state, or local government agency. The bill also adds sexual orientation and gender identity or gender expression as bases of discrimination in certain other laws prohibiting discrimination. 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 sex or sexual orientation. Current law also 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 sex or sexual orientation. In addition, current law prohibits exclusion of a person from jury duty on the basis of the person's sex or sexual orientation. This bill adds gender identity or gender expression as a prohibited basis for discrimination in employment, housing, and the equal enjoyment of a public place of accommodation or amusement; prohibits the UW 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 gender identity or gender expression; and prohibits exclusion of a person from jury duty on the basis of the person's gender identity or gender expression. Current law prohibits motor carriers, automobile insurers, and real estate brokers and salespersons from discriminating against a person on the basis of sex; prohibits discrimination on the basis of sex in the provision of vocational rehabilitation or mental health services; and prohibits the UW System Board of Regents from investing gifts, grants, and bequests in companies that practice discrimination based on sex. This bill prohibits motor carriers, automobile insurers, and real estate brokers and salespersons from discriminating against a person on the basis of sexual orientation, gender identity, or gender expression; prohibits discrimination on the basis of sexual orientation, gender identity, or gender expression in the provision of vocational rehabilitation or mental health services; and prohibits the UW System Board of Regents from investing gifts, grants, and bequests in companies that practice discrimination based on sexual orientation, gender identity, or gender expression. The bill also generally prohibits an insurer from discriminating against a person on the basis of age, sex, residence, race, color, creed, religion, national origin, ancestry, marital status, occupation, sexual orientation, gender identity, or gender expression. 1 2 - 3 - 2017 - 2018 Legislature LRB-3782/1 MED/KRP/AJM:emw SENATE BILL 328 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: SECTION 1. 15.04 (1) (g) of the statutes is amended to read: 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 gender identity or gender expression, as defined in s. 111.32 (7j), 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 the agency head shall take remedial action, including making recommendations to the appropriate executive, legislative, or administrative authority. SECTION 2. 16.765 (1) of the statutes is amended to read: 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, national origin, 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 gender identity or gender expression, as defined in s. 111.32 (7j), and, except with respect to sexual 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 - 4 - 2017 - 2018 Legislature LRB-3782/1 MED/KRP/AJM:emw SECTION 2 SENATE BILL 328 orientation, gender identity, and gender expression, obligating the contractor to take affirmative action to ensure equal employment opportunities. SECTION 3. 16.765 (2) of the statutes is amended to read: 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, national origin, color, handicap, sex, physical condition, developmental disability, as defined in s. 51.01 (5), sexual orientation or national origin, as defined in s. 111.32 (13m), or gender identity or gender expression, as defined in s. 111.32 (7j). 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, gender identity, and gender expression, 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." SECTION 4. 36.09 (1) (e) of the statutes is amended to read: 36.09 (1) (e) 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - 5 - 2017 - 2018 Legislature LRB-3782/1 MED/KRP/AJM:emw SECTION 4 SENATE BILL 328 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, sexual orientation, gender identity, or gender expression shall ever be allowed or exercised in the appointment of the employees of the system. SECTION 5. 36.11 (3) (a) of the statutes is amended to read: 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 test or any tests test based upon race, color, creed, religion, sex, national origin of U.S. citizens or sex a U.S. citizen, disability, ancestry, age, sexual orientation, gender identity, gender expression, pregnancy, marital status, or parental status shall ever be allowed in the admission of students thereto a student to any service, course, program, or facility of the system or any of its institutions. SECTION 6. 36.12 (1) of the statutes is amended to read: 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, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 - 6 - 2017 - 2018 Legislature LRB-3782/1 MED/KRP/AJM:emw SECTION 6 SENATE BILL 328 sex, national origin, disability, ancestry, age, sexual orientation, gender identity, gender expression, pregnancy, marital status, or parental status. SECTION 7. 36.29 (1) of the statutes is amended to read: 36.29 (1) All gifts, grants, and bequests for the benefit or advantage of the system or any of its institutions, departments, or facilities or to provide any means of instruction, illustration, or knowledge in connection therewith, whether made to trustees or otherwise, shall be valid notwithstanding any other provision of this chapter except as otherwise provided in this subsection and shall be executed and enforced according to the provisions of the instrument making the same, including all provisions and directions in any such instrument for accumulation of the income of any fund or rents and profits of any real estate without being subject to the limitations and restrictions provided by law in other cases; but no such income accumulation shall be allowed to produce a fund more than 20 times as great as that originally given. No investment of the funds of such gifts, grants, or bequests shall knowingly be made in any company, corporation, subsidiary, or affiliate that practices or condones through its actions discrimination on the basis of race, religion, color, creed, or sex, sexual orientation, gender identity, or gender expression. Except as otherwise provided in this section, the board may invest not to exceed 85 percent of trust funds held and administered by the board in common stocks. This subsection does not apply to a gift, grant, or bequest that the board declines to accept or that the board is not authorized to accept under this section. SECTION 8. 38.04 (13) (b) of the statutes is amended to read: 38.04 (13) (b) No person may, on the ground of sex, age, race, color, religion or, national origin, sexual orientation, gender identity, or gender expression, be excluded from participating in, be denied the benefits of, or be subjected to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - 7 - 2017 - 2018 Legislature LRB-3782/1 MED/KRP/AJM:emw SECTION 8 SENATE BILL 328 discrimination under any program or activity funded in whole or in part with funds made available under this subsection. SECTION 9. 38.23 (1) of the statutes is amended to read: 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, gender identity, gender expression, pregnancy, marital status, or parental status. SECTION 10. 47.02 (3m) (f) of the statutes is amended to read: 47.02 (3m) (f) Assure that eligibility for vocational rehabilitation services under this chapter is determined without regard to the sex, race, age, creed, color, or national origin, sexual orientation, gender identity, or gender expression of the individual applying for services, that no class of individuals is found ineligible solely on the basis of type of disability, and that no age limitations for eligibility exist which that, by themselves, would result in ineligibility for vocational rehabilitation services. SECTION 11. 51.90 of the statutes is amended to read: 51.90 Antidiscrimination. No employee, prospective employee, patient, or resident of an approved treatment facility, or consumer of services provided under this chapter, may be discriminated against because of age, race, creed, color, sex or handicap, disability, sexual orientation, gender identity, or gender expression. SECTION 12. 66.0125 (3) (a) of the statutes is amended to read: 66.0125 (3) (a) The purpose of the commission is to study, analyze, and recommend solutions for the major social, economic, and cultural problems that affect people residing or working within the local governmental unit, including 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - 8 - 2017 - 2018 Legislature LRB-3782/1 MED/KRP/AJM:emw SECTION 12 SENATE BILL 328 problems of the family, youth, education, the aging, juvenile delinquency, health and zoning standards, discrimination in employment and public accommodations and facilities on the basis of sex, class, race, religion, sexual orientation, gender identity, gender expression, or ethnic or minority status and discrimination in housing on the basis of sex, class, race, religion, sexual orientation, gender identity, gender expression, ethnic or minority status, or status as a victim of domestic abuse, sexual assault, or stalking. SECTION 13. 66.0125 (3) (c) 1. b. of the statutes is amended to read: 66.0125 (3) (c) 1. b. To ensure to all residents of a local governmental unit, regardless of sex, race, sexual orientation, gender identity, gender expression, or color, the right to enjoy equal employment opportunities and to ensure to those residents, regardless of sex, race, sexual orientation, gender identity, gender expression, color, or status as a victim of domestic abuse, sexual assault, or stalking, the right to possess equal housing opportunities. SECTION 14. 66.0125 (9) of the statutes is amended to read: 66.0125 (9) INTENT. It is the intent of this section to promote fair and friendly relations among all the people in this state, and to that end race, creed, sexual orientation, gender identity, gender expression, or color ought not to be made tests in the matter of the right of any person to earn a livelihood or to enjoy the equal use of public accommodations and facilities and race, creed, sexual orientation, gender identity, gender expression, color, or status as a victim of domestic abuse, sexual assault, or stalking ought not to be made tests in the matter of the right of any person to sell, lease, occupy, or use real estate. SECTION 15. 66.1011 (1) of the statutes is amended to read: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 - 9 - 2017 - 2018 Legislature LRB-3782/1 MED/KRP/AJM:emw SECTION 15 SENATE BILL 328 66.1011 (1) DECLARATION OF POLICY. The right of all persons to have equal opportunities for housing regardless of their sex, race, color, disability, as defined in s. 106.50 (1m) (g), sexual orientation, as defined in s. 111.32 (13m), gender identity or gender expression, as defined in s. 111.32 (7j), religion, national origin, marital status, family status, as defined in s. 106.50 (1m) (k), status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), lawful source of income, age, or ancestry is a matter both of statewide concern under ss. 101.132 and 106.50 and also of local interest under this section and s. 66.0125. The enactment of ss. 101.132 and 106.50 by the legislature does not preempt the subject matter of equal opportunities in housing from consideration by political subdivisions, and does not exempt political subdivisions from their duty, nor deprive them of their right, to enact ordinances that prohibit discrimination in any type of housing solely on the basis of an individual being a member of a protected class. SECTION 16. 66.1201 (2m) of the statutes is amended to read: 66.1201 (2m) DISCRIMINATION. Persons otherwise entitled to any right, benefit, facility, or privilege under ss. 66.1201 to 66.1211 may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, national origin, sexual orientation, gender identity, gender expression, or status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin. SECTION 17. 66.1213 (3) of the statutes is amended to read: 66.1213 (3) DISCRIMINATION. Persons otherwise entitled to any right, benefit, facility, or privilege under this section may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, national origin, sexual orientation, gender identity, gender 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - 10 - 2017 - 2018 Legislature LRB-3782/1 MED/KRP/AJM:emw SECTION 17 SENATE BILL 328 expression, or status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin. SECTION 18. 66.1301 (2m) of the statutes is amended to read: 66.1301 (2m) DISCRIMINATION. Persons entitled to any right, benefit, facility, or privilege under ss. 66.1301 to 66.1329 may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, national origin, sexual orientation, gender identity, gender expression, or status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin. SECTION 19. 66.1333 (3) (e) 2. of the statutes is amended to read: 66.1333 (3) (e) 2. Persons otherwise entitled to any right, benefit, facility, or privilege under this section may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, national origin, sexual orientation, gender identity, gender expression, or status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin. SECTION 20. 86.195 (5) (c) of the statutes is amended to read: 86.195 (5) (c) Conformity with discrimination laws. Each business identified as a motorist service on a specific information sign shall, as a condition of eligibility for erection, installation, and maintenance of a sign under this section, give written assurance to the department that the business conforms with all applicable laws concerning the provisions of public accommodations without regard to race, religion, color, national origin, sex or national origin, sexual orientation, gender identity, or gender expression. SECTION 21. 106.50 (1) of the statutes is amended to read: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - 11 - 2017 - 2018 Legislature LRB-3782/1 MED/KRP/AJM:emw SECTION 21 SENATE BILL 328 106.50 (1) INTENT. It is the intent of this section to render unlawful discrimination in housing. It is the declared policy of this state that all persons shall have an equal opportunity for housing regardless of sex,; race,; color,; sexual orientation,; gender identity or gender expression; disability,; religion,; national origin,; marital status,; family status,; status as a victim of domestic abuse, sexual assault, or stalking,; lawful source of income,; age,; or ancestry, and it is the duty of the political subdivisions to assist in the orderly prevention or removal of all discrimination in housing through the powers granted under ss. 66.0125 and 66.1011. The legislature hereby extends the state law governing equal housing opportunities to cover single-family residences that are owner-occupied. The legislature finds that the sale and rental of single-family residences constitute a significant portion of the housing business in this state and should be regulated. This section shall be considered an exercise of the police powers of the state for the protection of the welfare, health, peace, dignity, and human rights of the people of this state. SECTION 22. 106.50 (1m) (h) of the statutes is amended to read: 106.50 (1m) (h) “Discriminate" means to segregate, separate, exclude, or treat a person or class of persons unequally in a manner described in sub. (2), (2m), or (2r) because of sex,; race,; color,; sexual orientation,; gender identity or gender expression; disability,; religion,; national origin,; marital status,; family status,; status as a victim of domestic abuse, sexual assault, or stalking,; lawful source of income,; age,; or ancestry. SECTION 23. 106.50 (1m) (kg) of the statutes is created to read: 106.50 (1m) (kg) “Gender identity or gender expression" has the meaning given in s. 111.32 (7j). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - 12 - 2017 - 2018 Legislature LRB-3782/1 MED/KRP/AJM:emw SECTION 24 SENATE BILL 328 SECTION 24. 106.50 (1m) (nm) of the statutes is amended to read: 106.50 (1m) (nm) “Member of a protected class" means a group of natural persons, or a natural person, who may be categorized because of sex,; race,; color,; disability,; sexual orientation,; gender identity or gender expression; religion,; national origin,; marital status,; family status,; status as a victim of domestic abuse, sexual abuse, or stalking,; lawful source of income,; age,; or ancestry. SECTION 25. 106.50 (5m) (f) 1. of the statutes is amended to read: 106.50 (5m) (f) 1. Nothing in this section prohibits an owner or agent from requiring that a person who seeks to buy or rent housing supply information concerning family status, and marital, financial, and business status, but not concerning race,; color,; disability,; sexual orientation,; gender identity or gender expression; ancestry,; national origin,; religion,; creed,; status as a victim of domestic abuse, sexual assault, or stalking,; or, subject to subd. 2., age. SECTION 26. 106.52 (1) (cr) of the statutes is created to read: 106.52 (1) (cr) “Gender identity or gender expression" has the meaning given in s. 111.32 (7j). SECTION 27. 106.52 (3) (a) 1. of the statutes is amended to read: 106.52 (3) (a) 1. Deny to another or charge another a higher price than the regular rate for the full and equal enjoyment of any public place of accommodation or amusement because of sex,; race,; color,; creed,; disability,; sexual orientation,; gender identity or gender expression; national origin; or ancestry. SECTION 28. 106.52 (3) (a) 2. of the statutes is amended to read: 106.52 (3) (a) 2. Give preferential treatment to some classes of persons in providing services or facilities in any public place of accommodation or amusement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 - 13 - 2017 - 2018 Legislature LRB-3782/1 MED/KRP/AJM:emw SECTION 28 SENATE BILL 328 because of sex,; race,; color,; creed,; sexual orientation,; gender identity or gender expression; national origin; or ancestry. SECTION 29. 106.52 (3) (a) 3. of the statutes is amended to read: 106.52 (3) (a) 3. Directly or indirectly publish, circulate, display, or mail any written communication which that the communicator knows is to the effect that any of the facilities of any public place of accommodation or amusement will be denied to any person by reason of, or that the patronage of any person is unwelcome, objectionable, or unacceptable, because of sex,; race,; color,; creed,; disability,; sexual orientation,; gender identity or gender expression; national origin; or ancestry or that the patronage of a person is unwelcome, objectionable or unacceptable for any of those reasons. SECTION 30. 106.52 (3) (a) 5. of the statutes is amended to read: 106.52 (3) (a) 5. Refuse to rent, charge a higher price than the regular rate, or give preferential treatment, regarding the use of any private facilities commonly rented to the public because of sex,; race,; color,; creed,; sexual orientation,; gender identity or gender expression; national origin; or ancestry, regarding the use of any private facilities commonly rented to the public. SECTION 31. 106.58 of the statutes is amended to read: 106.58 Discrimination in education prohibited. No child may be excluded from or discriminated against in admission to any public school or in obtaining the advantages, privileges, and courses of study of such a public school on account of sex,; race,; religion or; national origin; ancestry; creed; pregnancy; marital or parental status; sexual orientation; gender identity or gender expression; or physical, mental, emotional, or learning disability. SECTION 32. 111.31 (1) of the statutes is amended to read: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - 14 - 2017 - 2018 Legislature LRB-3782/1 MED/KRP/AJM:emw SECTION 32 SENATE BILL 328 111.31 (1) The legislature finds that the practice of unfair discrimination in employment against properly qualified individuals by reason of their age,; race,; creed,; color,; disability,; marital status,; sex,; national origin,; ancestry,; sexual orientation,; gender identity or gender expression; arrest record,; conviction record,; military service,; use or nonuse of lawful products off the employer's premises during nonworking hours,; or declining to attend a meeting or to participate in any communication about religious matters or political matters, substantially and adversely affects the general welfare of the state. Employers, labor organizations, employment agencies, and licensing agencies that deny employment opportunities and discriminate in employment against properly qualified individuals solely because of their age,; race,; creed,; color,; disability,; marital status,; sex,; national origin,; ancestry,; sexual orientation,; gender identity or gender expression; arrest record,; conviction record,; military service,; use or nonuse of lawful products off the employer's premises during nonworking hours,; or declining to attend a meeting or to participate in any communication about religious matters or political matters, deprive those individuals of the earnings that are necessary to maintain a just and decent standard of living. SECTION 33. 111.31 (2) of the statutes is amended to read: 111.31 (2) It is the intent of the legislature to protect by law the rights of all individuals to obtain gainful employment and to enjoy privileges free from employment discrimination because of age,; race,; creed,; color,; disability,; marital status,; sex,; national origin,; ancestry,; sexual orientation,; gender identity or gender expression; arrest record,; conviction record,; military service,; use or nonuse of lawful products off the employer's premises during nonworking hours,; or declining to attend a meeting or to participate in any communication about religious 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - 15 - 2017 - 2018 Legislature LRB-3782/1 MED/KRP/AJM:emw SECTION 33 SENATE BILL 328 matters or political matters, and to encourage the full, nondiscriminatory utilization of the productive resources of the state to the benefit of the state, the family, and all the people of the state. It is the intent of the legislature in promulgating this subchapter to encourage employers to evaluate an employee or applicant for employment based upon the individual qualifications of the employee or applicant rather than upon a particular class to which the individual may belong. SECTION 34. 111.31 (3) of the statutes is amended to read: 111.31 (3) In the interpretation and application of this subchapter, and otherwise, it is declared to be the public policy of the state to encourage and foster to the fullest extent practicable the employment of all properly qualified individuals regardless of age,; race,; creed,; color,; disability,; marital status,; sex,; national origin,; ancestry,; sexual orientation,; gender identity or gender expression; arrest record,; conviction record,; military service,; use or nonuse of lawful products off the employer's premises during nonworking hours,; or declining to attend a meeting or to participate in any communication about religious matters or political matters. Nothing in this subsection requires an affirmative action program to correct an imbalance in the work force. This subchapter shall be liberally construed for the accomplishment of this purpose. SECTION 35. 111.32 (7j) of the statutes is created to read: 111.32 (7j) “Gender identity or gender expression" means a person's gender-related identity, gender-related appearance, gender-related expression, or gender-related behavior, regardless of the person's assigned sex at birth or gender identifiers on official documents issued by a federal, state, or local government agency. SECTION 36. 111.321 of the statutes is amended to read: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - 16 - 2017 - 2018 Legislature LRB-3782/1 MED/KRP/AJM:emw SECTION 36 SENATE BILL 328 111.321 Prohibited bases of discrimination. Subject to ss. 111.33 to 111.365, no employer, labor organization, employment agency, licensing agency, or other person may engage in any act of employment discrimination as specified in s. 111.322 against any individual on the basis of age,; race,; creed,; color,; disability,; marital status,; sex,; national origin,; ancestry,; sexual orientation; gender identity or gender expression; arrest record,; conviction record,; military service,; use or nonuse of lawful products off the employer's premises during nonworking hours,; or declining to attend a meeting or to participate in any communication about religious matters or political matters. SECTION 37. 111.36 (title) of the statutes is amended to read: 111.36 (title) Sex, sexual orientation, gender identity, or gender expression; exceptions and special cases. SECTION 38. 111.36 (1) (d) 1. of the statutes is amended to read: 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 or gender identity or gender expression. SECTION 39. 111.36 (1) (d) 2. of the statutes is amended to read: 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - 17 - 2017 - 2018 Legislature LRB-3782/1 MED/KRP/AJM:emw SECTION 39 SENATE BILL 328 person has made a complaint, testified, or assisted in any proceeding under this paragraph. SECTION 40. 111.70 (2) of the statutes is amended to read: 111.70 (2) RIGHTS OF MUNICIPAL EMPLOYEES. Municipal employees have the right of self-organization, and the right to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection. Municipal employees have the right to refrain from any and all such activities. A general municipal employee has the right to refrain from paying dues while remaining a member of a collective bargaining unit. A public safety employee or a transit employee, however, may be required to pay dues in the manner provided in a fair-share agreement; a fair-share agreement covering a public safety employee or a transit employee must contain a provision requiring the municipal employer to deduct the amount of dues as certified by the labor organization from the earnings of the employee affected by the fair-share agreement and to pay the amount deducted to the labor organization. A fair-share agreement covering a public safety employee or transit employee is subject to the right of the municipal employer or a labor organization to petition the commission to conduct a referendum. Such petition must be supported by proof that at least 30 percent of the employees in the collective bargaining unit desire that the fair-share agreement be terminated. Upon so finding, the commission shall conduct a referendum. If the continuation of the agreement is not supported by at least the majority of the eligible employees, it shall terminate. The commission shall declare any fair-share agreement suspended upon such conditions and for such time as the commission decides whenever it finds that the labor organization involved has refused on the basis of race, color, sexual 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - 18 - 2017 - 2018 Legislature LRB-3782/1 MED/KRP/AJM:emw SECTION 40 SENATE BILL 328 orientation, gender identity, gender expression, creed, or sex to receive as a member any public safety employee or transit employee of the municipal employer in the bargaining unit involved, and such agreement is subject to this duty of the commission. Any of the parties to such agreement or any public safety employee or transit employee covered by the agreement may come before the commission, as provided in s. 111.07, and ask the performance of this duty. SECTION 41. 111.81 (12) (b) of the statutes is amended to read: 111.81 (12) (b) Which discriminates with regard to the terms or conditions of membership because of race, color, creed, national origin, sex, age, sexual orientation, or national origin gender identity or gender expression. SECTION 42. 118.019 (2d) of the statutes is amended to read: 118.019 (2d) NONDISCRIMINATION. An instructional program under this section shall use instructional methods and materials that, consistent with s. 118.13 (1), do not discriminate against a pupil based upon the pupil's race, gender, religion, sexual orientation, gender identity, gender expression, or ethnic or cultural background or against sexually active pupils or children with disabilities. Nothing in this subsection shall be construed to prohibit a school board from approving an instructional program under this section that includes instruction on abstinence from sexual activity or that is abstinence-centered. SECTION 43. 118.13 (1) of the statutes is amended to read: 118.13 (1) Except as provided in s. 120.13 (37m), no person may be denied admission to any public school or be denied participation in, be denied the benefits of, or be discriminated against in any curricular, extracurricular, pupil services, recreational, or other program or activity because of the person's sex,; race,; religion,; national origin,; ancestry,; creed,; pregnancy,; marital or parental status,; sexual 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - 19 - 2017 - 2018 Legislature LRB-3782/1 MED/KRP/AJM:emw SECTION 43 SENATE BILL 328 orientation; gender identity or gender expression; or physical, mental, emotional, or learning disability. SECTION 44. 118.20 (1) of the statutes is amended to read: 118.20 (1) No discrimination because of sex, except where when sex is a bona fide occupational qualification, as defined described in s. 111.36 (2),; race, nationality; national origin; sexual orientation; gender identity or gender expression; or political or religious affiliation may be practiced in the employment of teachers or administrative personnel in public schools or in their assignment or reassignment. No questions of any nature or form relative to sex, except where when sex is a bona fide occupational qualification, as defined described in s. 111.36 (2),; race, nationality; national origin; sexual orientation; gender identity or gender expression; or political or religious affiliation may be asked applicants for teaching or administrative positions in the public schools either by public school officials or employees or by teachers agencies or placement bureaus. SECTION 45. 118.40 (4) (b) 2. of the statutes is amended to read: 118.40 (4) (b) 2. Except as provided in sub. (3) (h), discriminate in admission or deny participation in any program or activity on the basis of a person's sex,; race,; religion,; national origin,; ancestry,; pregnancy,; marital or parental status,; sexual orientation; gender identity or gender expression; or physical, mental, emotional, or learning disability. SECTION 46. 194.025 of the statutes is amended to read: 194.025 Discrimination prohibited. No motor carrier may engage in any practice, act, or omission which that results in discrimination on the basis of race, creed, sex or national origin, sex, sexual orientation, or gender identity or gender expression. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - 20 - 2017 - 2018 Legislature LRB-3782/1 MED/KRP/AJM:emw SECTION 47 SENATE BILL 328 SECTION 47. 224.77 (1) (o) of the statutes is amended to read: 224.77 (1) (o) In the course of practice as a mortgage banker, mortgage loan originator, or mortgage broker, except in relation to housing designed to meet the needs of elderly individuals, treat a person unequally solely because of sex, race, color, handicap, sexual orientation, as defined in s. 111.32 (13m), gender identity or gender expression, as defined in s. 111.32 (7j), religion, national origin, age, or ancestry, the person's lawful source of income, or the sex, marital status, or status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), of the person maintaining a household. SECTION 48. 227.10 (3) (a) of the statutes is amended to read: 227.10 (3) (a) No rule, either by its terms or in its application, may discriminate for or against any person by reason of sex, race, creed, color, national origin, ancestry, sexual orientation, national origin or ancestry or gender identity or gender expression. SECTION 49. 230.01 (2) (b) of the statutes is amended to read: 230.01 (2) (b) It is the policy of this state to provide for equal employment opportunity by ensuring that all personnel actions including hire, tenure or term, and condition or privilege of employment be based on the ability to perform the duties and responsibilities assigned to the particular position without regard to age, race, creed or religion, color, disability, sex, national origin, ancestry, sexual orientation, or political affiliation, sexual orientation, or gender identity or gender expression. SECTION 50. 230.18 of the statutes is amended to read: 230.18 Discrimination prohibited. No question in any form of application or in any evaluation used in the hiring process may be so framed as to elicit information concerning the partisan political or religious opinions or affiliations of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - 21 - 2017 - 2018 Legislature LRB-3782/1 MED/KRP/AJM:emw SECTION 50 SENATE BILL 328 any applicant nor may any inquiry be made concerning such those opinions or affiliations and all disclosures thereof of those opinions or affiliations shall be discountenanced except that the director may evaluate the competence and impartiality of applicants for positions such as clinical chaplain in a state institutional program. No discriminations may be exercised in the recruitment, application, or hiring process against or in favor of any person because of the person's political or religious opinions or affiliations or because of age, sex, disability, race, color, sexual orientation, national origin, or ancestry, sexual orientation, or gender identity or gender expression, except as otherwise provided. SECTION 51. 234.29 of the statutes is amended to read: 234.29 Equality of occupancy and employment. The authority shall require that occupancy of housing projects assisted under this chapter be open to all regardless of sex,; race,; religion,; creed; sexual orientation,; gender identity or gender expression; or status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or creed, and that contractors and subcontractors engaged in the construction of economic development or housing projects, shall provide an equal opportunity for employment, without discrimination as to sex, race, religion, creed, sexual orientation, or creed gender identity or gender expression. SECTION 52. 321.37 of the statutes is amended to read: 321.37 No discrimination. No person, otherwise qualified, may be denied membership in the national guard or state defense force because of sex, color, race, creed, or sexual orientation, or gender identity or gender expression, and no member of the national guard or state defense force may be segregated within the national guard or state defense force on the basis of sex, color, race, creed, or sexual 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - 22 - 2017 - 2018 Legislature LRB-3782/1 MED/KRP/AJM:emw SECTION 52 SENATE BILL 328 orientation, or gender identity or gender expression. Nothing in this section prohibits separate facilities for persons of different sexes with regard to dormitory accommodations, toilets, showers, saunas, and dressing rooms, except that no person may be denied equal access to facilities most consistent with the person's gender identity. SECTION 53. 440.45 (1) of the statutes is amended to read: 440.45 (1) NONDISCRIMINATION POLICY. Each licensed company shall adopt a policy of nondiscrimination on the basis of trip origin or destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity or gender expression with respect to passengers and prospective passengers and notify all of its participating drivers of the nondiscrimination policy. SECTION 54. 440.45 (2) of the statutes is amended to read: 440.45 (2) A participating driver may not discriminate against any passenger or prospective passenger on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity or gender expression. SECTION 55. 452.14 (3) (n) of the statutes is amended to read: 452.14 (3) (n) Treated any person unequally solely because of sex,; race,; color,; handicap, disability; national origin,; ancestry,; marital status,; lawful source of income,; sexual orientation; gender identity or gender expression; or status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u). SECTION 56. 628.34 (3) (c) of the statutes is created to read: 628.34 (3) (c) No insurer may refuse to insure or refuse to continue to insure, or limit the amount, extent, or kind of coverage available to an individual, or charge an individual a different rate for the same coverage because of a person's age, sex, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - 23 - 2017 - 2018 Legislature LRB-3782/1 MED/KRP/AJM:emw SECTION 56 SENATE BILL 328 residence, race, color, creed, religion, national origin, ancestry, marital status, occupation, sexual orientation, gender identity, or gender expression. SECTION 57. 632.35 of the statutes is amended to read: 632.35 Prohibited rejection, cancellation, and nonrenewal. No insurer may cancel or refuse to issue or renew an automobile insurance policy wholly or partially because of one or more of the following characteristics of any person: a person's age, sex, residence, race, color, creed, religion, national origin, ancestry, marital status or, occupation, sexual orientation, or gender identity or gender expression. SECTION 58. 756.001 (3) of the statutes is amended to read: 756.001 (3) No person who is qualified and able to serve as a juror may be excluded from that service in any court of this state on the basis of sex, race, color, sexual orientation, as defined in s. 111.32 (13m), gender identity or gender expression, as defined in s. 111.32 (7j), disability, religion, national origin, marital status, family status, lawful source of income, age, or ancestry or because of a physical condition. (END) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17