2013 - 2014 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO ASSEMBLY BILL 217
June 13, 2013 - Offered by Representatives Sinicki, Pasch, Smith, C. Taylor,
Bernard Schaber, Ohnstad and Richards.
AB217-AA1,1,11 At the locations indicated, amend the bill as follows:
AB217-AA1,1,5 21. Page 1, line 2: delete "abortion," and substitute "abortion; authorizing the
3circuit court to order a person who engages in discrimination in employment, unfair
4honesty testing, or unfair genetic testing to pay compensatory and punitive
5damages;".
AB217-AA1,1,6 62. Page 2, line 1: delete that line and substitute:
AB217-AA1,1,7 7" Section 1d. 111.39 (4) (d) of the statutes is amended to read:
AB217-AA1,2,108 111.39 (4) (d) The department shall serve a certified copy of the findings and
9order on the respondent, the order to have the same force as other orders of the
10department and be enforced as provided in s. 103.005. Any person aggrieved by
11noncompliance with the order may have the order enforced specifically by suit in
12equity. If the examiner finds that the respondent has not engaged in discrimination,
13unfair honesty testing, or unfair genetic testing as alleged in the complaint, the

1department shall serve a certified copy of the examiner's findings on the
2complainant, together with an order dismissing the complaint. If the examiner finds
3that the respondent has engaged in discrimination, unfair honesty testing, or unfair
4genetic testing as alleged in the complaint, the department shall serve a certified
5copy of the examiner's findings on the complainant, together with a notice advising
6the complainant that after the completion of all administrative proceedings under
7this section he or she may bring an action as provided in s. 111.397 (1) (a) to recover
8compensatory and punitive damages as provided in s. 111.397 (2) (a) and advising the
9complainant of the time under s. 111.397 (1) (b) within which the action must be
10commenced or be barred.
AB217-AA1,1g 11Section 1g. 111.39 (5) (d) of the statutes is created to read:
AB217-AA1,2,2012 111.39 (5) (d) If the commission affirms a finding that the respondent has
13engaged in discrimination, unfair honesty testing, or unfair genetic testing as
14alleged in the complaint, the commission shall serve a certified copy of the
15commission's decision on the complainant, together with a notice advising the
16complainant that after the completion of all administrative proceedings under this
17section he or she may bring an action as provided in s. 111.397 (1) (a) to recover
18compensatory and punitive damages as provided in s. 111.397 (2) (a) and advising the
19complainant of the time under s. 111.397 (1) (b) within which the action must be
20commenced or be barred.
AB217-AA1,1j 21Section 1j. 111.397 of the statutes is created to read:
AB217-AA1,3,10 22111.397 Civil action. (1) (a) Except as provided in this paragraph, after the
23completion of all administrative proceedings under s. 111.39 concerning a violation
24of s. 111.321, 111.37, or 111.372, the department or a person discriminated against
25or subjected to unfair honesty testing or unfair genetic testing may bring an action

1in circuit court against any employer, labor organization, or employment agency that
2engaged in that discrimination, unfair honesty testing, or unfair genetic testing to
3recover compensatory and punitive damages caused by the violation, plus
4reasonable costs and attorney fees incurred in the action. Those damages are in
5addition to any back pay or other amounts awarded under s. 111.39. The department
6or a person discriminated against or subjected to unfair honesty testing or unfair
7genetic testing may not bring an action under this paragraph against any local
8governmental unit, as defined in s. 19.42 (7u), or against any employer, labor
9organization, or employment agency employing fewer than 15 individuals for each
10working day in each of 20 or more calendar weeks in the current or preceding year.
AB217-AA1,3,1511 (b) An action under par. (a) shall be commenced within 60 days after the date
12on which a copy of the final decision under s. 111.39 (4) (d) is mailed to the last-known
13address of the complainant or, if that decision is reviewed by the commission, within
1460 days after the date on which a copy of the final decision under s. 111.39 (5) (d) is
15mailed to the last-known address of the complainant, or be barred.
AB217-AA1,3,1916 (c) 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 court shall consolidate the proceeding for judicial review and the action
19under par. (a).
AB217-AA1,4,4 20(2) (a) Subject to pars. (b) and (c), in an action under sub. (1) (a), the circuit court
21shall order the defendant to pay to the person discriminated against or subjected to
22unfair honesty testing or unfair genetic testing compensatory damages and punitive
23damages under s. 895.043, in an amount that the circuit court or jury finds
24appropriate, plus reasonable costs and attorney fees incurred in the action. Those
25damages are in addition to any back pay or other amounts awarded under s. 111.39.

1The sum of the amount of compensatory damages for future economic losses and for
2pain and suffering, emotional distress, mental anguish, loss of enjoyment of life, and
3other noneconomic losses and the amount of punitive damages that a circuit court
4may order may not exceed the following:
AB217-AA1,4,75 1. In the case of a defendant that employs 100 or fewer employees for each
6working day in each of 20 or more calendar weeks in the current or preceding year,
7$50,000.
AB217-AA1,4,108 2. In the case of a defendant that employs more than 100 but fewer than 201
9employees for each working day in each of 20 or more calendar weeks in the current
10or preceding year, $100,000.
AB217-AA1,4,1311 3. In the case of a defendant that employs more than 200 but fewer than 501
12employees for each working day in each of 20 or more calendar weeks in the current
13or preceding year, $200,000.
AB217-AA1,4,1614 4. In the case of a defendant that employs more than 500 employees for each
15working day in each of 20 or more calendar weeks in the current or preceding year,
16$300,000.
AB217-AA1,4,1917 (b) If the circuit court orders any payment under par. (a) because of a violation
18of s. 111.321, 111.37, or 111.372 by an individual employed by an employer, the
19employer of that individual is liable for the payment.
AB217-AA1,4,2220 (c) 1. In this paragraph, "consumer price index" means the average of the
21consumer price index for all urban consumers, U.S. city average, as determined by
22the bureau of labor statistics of the U.S. department of labor.
AB217-AA1,5,1023 2. Except as provided in this subdivision, beginning on July 1, 2014, and on
24each July 1 after that, the department shall adjust the amounts specified in par. (a)
251., 2., 3., and 4. by calculating the percentage difference between the consumer price

1index for the 12-month period ending on December 31 of the preceding year and the
2consumer price index for the 12-month period ending on December 31 of the year
3before the preceding year and adjusting those amounts by that percentage
4difference. The department shall publish the adjusted amounts calculated under
5this subdivision in the Wisconsin Administrative Register, and the adjusted amounts
6shall apply to actions commenced under sub. (1) (a) beginning on July 1 of the year
7of publication. This subdivision does not apply if the consumer price index for the
812-month period ending on December 31 of the preceding year did not increase over
9the consumer price index for the 12-month period ending on December 31 of the year
10before the preceding year.
AB217-AA1,1m 11Section 1m. 253.103 of the statutes is created to read:".
AB217-AA1,5,12 123. Page 2, line 10: after that line insert:
AB217-AA1,5,13 13" Section 1r. 814.04 (intro.) of the statutes is amended to read:
AB217-AA1,5,18 14814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.195 (5m)
15(b), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 111.397 (2) (a), 115.80 (9), 767.553 (4) (d),
16769.313, 802.05, 814.245, 895.035 (4), 895.044, 895.443 (3), 895.444 (2), 895.445 (3),
17895.446 (3), 895.506, 943.212 (2) (b), 943.245 (2) (d), 943.51 (2) (b), and 995.10 (3),
18when allowed costs shall be as follows:
AB217-AA1,1t 19Section 1t. 893.995 of the statutes is created to read:
AB217-AA1,5,21 20893.995 Employment discrimination; civil remedies. Any civil action
21arising under s. 111.397 is subject to the limitations of s. 111.397 (1) (b).".
AB217-AA1,5,22 224. Page 4, line 2: after that line insert:
AB217-AA1,5,23 23" Section 2m. Initial applicability.
AB217-AA1,6,4
1(1) Employment discrimination damages. The treatment of sections 111.39 (4)
2(d) and (5) (d), 111.397, 814.04 (intro.), and 893.995 of the statutes first applies to acts
3of employment discrimination, unfair honesty testing, or unfair genetic testing
4committed on the effective date of this subsection.".
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