2017 - 2018 LEGISLATURE
March 29, 2017 - Introduced by Senators Hansen,
Ringhand, Johnson, Carpenter,
Erpenbach, C. Larson, Miller, Risser, Shilling, L. Taylor and Wirch,
cosponsored by Representatives
Sinicki, Ohnstad, Hesselbein, Spreitzer,
Meyers, Anderson, Berceau, Billings, Brostoff, Bowen, Crowley, Fields,
Genrich, Goyke, Hebl, Kessler, Kolste, Mason, Milroy, Pope, Riemer,
Sargent, Shankland, Stuck, Subeck, C. Taylor, Wachs, Young, Zamarripa
and Zepnick. Referred to Committee on Labor and Regulatory Reform.
1An Act to amend
111.322 (2m) (a) and 111.322 (2m) (b); and to create
and 106.54 (11) of the statutes; relating to: prohibiting an employer from
3relying on or inquiring about a prospective employee's current or prior
4compensation and from restricting an employee's right to disclose
5compensation information and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits certain employer conduct related to compensation
information of current and prospective employees.
The bill prohibits an employer from doing any of the following with respect to
a prospective employee:
1. Relying on or soliciting information about the prospective employee's current
or prior compensation.
2. Requiring that the prospective employee's current or prior compensation
meet certain criteria in order for the prospective employee to be considered for
3. Refusing to hire the prospective employee for exercising his or her rights
relating to compensation information.
The bill also prohibits an employer from discharging or discriminating against
a current employee for disclosing the details of the employee's compensation,
discussing the compensation of other employees, asking other employees for details
regarding their compensation, or taking certain actions to enforce an employee's
rights under the bill.
The bill requires employers to post notices, where notices to employees are
customarily posted and on any electronic job posting, regarding employees' and
prospective employees' rights under the bill and provides a penalty for an employer's
failure to do so.
For further information see the state 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:
103.135 of the statutes is created to read:
2103.135 Compensation information of employees and prospective
3employees. (1) Unlawful employer conduct related to prospective employee
. (a) No employer may directly or indirectly do any of the 5
1. Rely on or, subject to par. (b), solicit from a prospective employee or a 7
prospective employee's current or former employer information about the 8
prospective employee's current or prior compensation.
2. Require that a prospective employee's current or prior compensation meet 10
certain criteria in order for the prospective employee to be considered for 11
3. Refuse to hire or employ or otherwise discriminate against a prospective 13
employee in compensation or in the terms, conditions, or privileges of employment 14
for opposing a practice prohibited under this paragraph, filing or indicating an intent 15
to file a complaint or otherwise attempting to enforce any right under this paragraph, 16
or testifying, assisting, or participating in any manner in any investigation, action, 17
or proceeding to enforce any right under this paragraph.
(b) After an employer has offered employment to a prospective employee and 19
the details of compensation have been agreed upon, the employer may obtain the
prospective employee's written consent for the employer to solicit information about, 2
or take action to confirm, the prospective employee's current or prior compensation.
3(2) Disclosure of compensation information by employees.
(a) An employee 4
may disclose the details of the employee's compensation to anyone and, subject to par. 5
(d), may discuss the compensation of other employees and may ask other employees 6
for details regarding their compensation.
(b) Except as provided in par. (d), no employer may interfere with, restrain, or 8
deny the exercise of the right of an employee to disclose, discuss, or inquire about 9
compensation as provided in par. (a).
(c) An employer may not discharge or discriminate against an employee in 11
promotion, in compensation, or in the terms, conditions, or privileges of employment 12
for disclosing, discussing, or inquiring about compensation as provided in par. (a), 13
opposing a practice prohibited under par. (b), filing or indicating an intent to file a 14
complaint or otherwise attempting to enforce any right under par. (a), or testifying, 15
assisting, or participating in any manner in any investigation, action, or proceeding 16
to enforce any right under par. (a).
(d) Subject to s. 19.35, an employer may prohibit a human resources or payroll 18
employee, a supervisor, or any other employee whose job responsibilities require or 19
allow the employee access to other employees' compensation information from 20
disclosing information about any other employee's compensation without that 21
employee's prior written consent.
. Any employee or prospective employee who is refused 23
employment, terminated, discharged, or otherwise discriminated against in 24
violation of sub. (1) (a) or (2) (a) to (c) may file a complaint with the department, and 25
the department shall process the complaint in the same manner that employment
discrimination complaints are processed under s. 111.39. If the department finds 2
that a violation has occurred, the department may order the employer to take action 3
to remedy the violation, including reinstating the employee, providing compensation 4
in lieu of reinstatement, providing back pay accrued not more than 2 years before the 5
complaint was filed, and paying reasonable actual costs and, notwithstanding s. 6
814.04 (1), reasonable attorney fees to the complainant.
7(4) Notice posted
. (a) Each employer shall provide notice to employees and 8
prospective employees regarding their rights under this section by doing all of the 9
1. Posting, in one or more conspicuous places where notices to employees are 11
customarily posted, a notice in a form approved by the department setting forth 12
employees' and prospective employees' rights under this section.
2. Including, on each listing for a job vacancy or other employment opportunity 14
that is advertised by electronic mail, posting on an Internet site, or other electronic 15
means, a notice that includes all of the following information:
a. A statement that the employer is prohibited from relying on a prospective 17
employee's current or former compensation.
b. A statement that the employer is prohibited from asking about a prospective 19
employee's compensation until after the employer has offered the prospective 20
employee employment and they have agreed upon the details of compensation.
c. A statement that the employer is prohibited from requiring that a 22
prospective employee's current or prior compensation meet certain criteria in order 23
for the prospective employee to be considered for employment.
d. Information, or a hyperlink to information, regarding prohibited bases of 25
discrimination under subch. II of ch. 111.
(b) Any employer who violates par. (a) shall forfeit not more than $100 for each 2
106.54 (11) of the statutes is created to read:
The division shall receive complaints under s. 103.135 (1) (a) and 5
(2) (a) to (c) and shall process the complaints in the same manner that employment 6
discrimination complaints are processed under s. 111.39.
111.322 (2m) (a) of the statutes is amended to read:
(a) The individual files a complaint or attempts to enforce any 9
right under s. 103.02, 103.10, 103.11, 103.13, 103.135,
103.28, 103.32, 103.34, 10
103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 11
or 103.64 to 103.82.
111.322 (2m) (b) of the statutes is amended to read:
(b) The individual testifies or assists in any action or proceeding 14
held under or to enforce any right under s. 103.02, 103.10, 103.11, 103.13, 103.135, 15
103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, 16
or ss. 101.58 to 101.599 or 103.64 to 103.82.
(1) Collective bargaining agreement.
This act first applies to an employee 19
who is affected by a collective bargaining agreement that contains provisions 20
inconsistent with this act on the day on which the collective bargaining agreement 21
expires or is extended, modified, or renewed, whichever occurs first.
This act takes effect on the first day of the 6th month beginning after 24