LRB-3489/1
GMM:mfd:km
1997 - 1998 LEGISLATURE
July 10, 1997 - Introduced by Representatives Hasenohrl, Zukowski, Black, R.
Young, Musser, Sykora, Urban, Albers, Schneider, Ainsworth, Goetsch,
Kedzie, Plouff, Boyle
and Springer, cosponsored by Senators Wirch and
Roessler. Referred to Committee on Labor and Employment.
AB449,1,4 1An Act to amend 111.31 (1), 111.31 (2), 111.31 (3), 111.321 and 111.322 (intro.);
2and to create 111.365 of the statutes; relating to: employment discrimination
3because of temporary absence from work while responding to an emergency call
4as a volunteer fire fighter.
Analysis by the Legislative Reference Bureau
Under current law, discrimination in employment on the basis of age, race,
creed, color, handicap, marital status, sex, national origin, ancestry, arrest record,
conviction record, membership in the national guard, state defense force or military
reserves or use or nonuse of a lawful product off the employer's premises during
nonworking hours is prohibited. Current law also specifies that employment
discrimination because of creed or handicap includes refusing to reasonably
accommodate the religious observance or practice or handicap of an employe or
prospective employe unless the employer can demonstrate that the accommodation
would pose an undue hardship on the employer's program, enterprise or business.
This bill prohibits discrimination in employment based on temporary absence
from work while responding to an emergency call as a volunteer fire fighter. The bill
specifies that employment discrimination on that basis includes refusing to
reasonably accommodate the temporary absence of an employe or prospective
employe from work while responding to an emergency call as a volunteer fire fighter
unless the employer can demonstrate that the accommodation would pose an undue
hardship on the employer's program, enterprise or business. Under the bill, an
employer may reasonably accommodate a temporary absence from work for that

purpose by temporarily reallocating job duties, adjusting or modifying the
employer's attendance policies or making other, similar accommodations for the
employe or prospective employe. The bill defines "undue hardship" as significant
difficulty or expense, with respect to an accommodation for an employe or prospective
employe, when considered in light of various factors such as the nature and cost of
the accommodation, the overall financial resources of the facility involved in
providing the accommodation and of the employer, the number of persons employed
by the facility and by the employer and the type of operation of the employer.
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:
AB449, s. 1 1Section 1. 111.31 (1) of the statutes is amended to read:
AB449,3,22 111.31 (1) The legislature finds that the practice of unfair discrimination in
3employment against properly qualified individuals by reason of their age, race,
4creed, color, handicap, marital status, sex, national origin, ancestry, sexual
5orientation, arrest record, conviction record, membership in the national guard,
6state defense force or any other reserve component of the military forces of the United
7States or this state or, use or nonuse of lawful products off the employer's premises
8during nonworking hours or temporary absence from work while responding to an
9emergency call as a volunteer fire fighter
substantially and adversely affects the
10general welfare of the state. Employers, labor organizations, employment agencies
11and licensing agencies that deny employment opportunities and discriminate in
12employment against properly qualified individuals solely because of their age, race,
13creed, color, handicap, marital status, sex, national origin, ancestry, sexual
14orientation, arrest record, conviction record, membership in the national guard,
15state defense force or any other reserve component of the military forces of the United
16States or this state or, use or nonuse of lawful products off the employer's premises
17during nonworking hours or temporary absence from work while responding to an

1emergency call as a volunteer fire fighter
deprive those individuals of the earnings
2that are necessary to maintain a just and decent standard of living.
AB449, s. 2 3Section 2. 111.31 (2) of the statutes is amended to read:
AB449,3,174 111.31 (2) It is the intent of the legislature to protect by law the rights of all
5individuals to obtain gainful employment and to enjoy privileges free from
6employment discrimination because of age, race, creed, color, handicap, marital
7status, sex, national origin, ancestry, sexual orientation, arrest record, conviction
8record, membership in the national guard, state defense force or any other reserve
9component of the military forces of the United States or this state or, use or nonuse
10of lawful products off the employer's premises during nonworking hours or
11temporary absence from work while responding to an emergency call as a volunteer
12fire fighter
, and to encourage the full, nondiscriminatory utilization of the productive
13resources of the state to the benefit of the state, the family and all the people of the
14state. It is the intent of the legislature in promulgating this subchapter to encourage
15employers to evaluate an employe or applicant for employment based upon the
16employe's or applicant's individual qualifications rather than upon a particular class
17to which the individual may belong.
AB449, s. 3 18Section 3. 111.31 (3) of the statutes is amended to read:
AB449,4,519 111.31 (3) In the interpretation and application of this subchapter, and
20otherwise, it is declared to be the public policy of the state to encourage and foster
21to the fullest extent practicable the employment of all properly qualified individuals
22regardless of age, race, creed, color, handicap, marital status, sex, national origin,
23ancestry, sexual orientation, arrest record, conviction record, membership in the
24national guard, state defense force or any other reserve component of the military
25forces of the United States or this state or, use or nonuse of lawful products off the

1employer's premises during nonworking hours or temporary absence from work
2while responding to an emergency call as a volunteer fire fighter
. Nothing in this
3subsection requires an affirmative action program to correct an imbalance in the
4work force. This subchapter shall be liberally construed for the accomplishment of
5this purpose.
AB449, s. 4 6Section 4. 111.321 of the statutes is amended to read:
AB449,4,15 7111.321 Prohibited bases of discrimination. Subject to ss. 111.33 to 111.36
8111.365, no employer, labor organization, employment agency, licensing agency or
9other person may engage in any act of employment discrimination as specified in s.
10111.322 against any individual on the basis of age, race, creed, color, handicap,
11marital status, sex, national origin, ancestry, arrest record, conviction record,
12membership in the national guard, state defense force or any reserve component of
13the military forces of the United States or this state or , use or nonuse of lawful
14products off the employer's premises during nonworking hours or temporary absence
15from work while responding to an emergency call as a volunteer fire fighter
.
AB449, s. 5 16Section 5. 111.322 (intro.) of the statutes is amended to read:
AB449,4,18 17111.322Discriminatory actions prohibited. (intro.) Subject to ss. 111.33
18to 111.36 111.365, it is an act of employment discrimination to do any of the following:
AB449, s. 6 19Section 6. 111.365 of the statutes is created to read:
AB449,4,23 20111.365 Volunteer fire fighters; exceptions and special cases. (1) In this
21section, "undue hardship" means, with respect to an accommodation required under
22sub. (2), significant difficulty or expense, when considered in light of the following
23factors:
AB449,4,2424 (a) The nature and cost of the accommodation.
AB449,5,4
1(b) The overall financial resources of the facility involved in providing the
2accommodation, the number of persons employed by the facility, the effect of
3providing the accommodation on the resources and finances of the facility and any
4other impact of the accommodation on the operation of the facility.
AB449,5,75 (c) The overall financial resources of the employer, the number of persons
6employed by the employer and the number, type and location of the employer's
7facilities.
AB449,5,118 (d) The type of operation of the employer, including the composition, structure
9and functions of the employer's workforce, the geographic separateness of the facility
10involved in providing the accommodation from the employer and the administrative
11and financial relationship of that facility to the employer.
AB449,5,22 12(2) Employment discrimination because of temporary absence from work while
13responding to an emergency call as a volunteer fire fighter includes refusing to
14reasonably accommodate the temporary absence of an employe or prospective
15employe from work while responding to an emergency call as a volunteer fire fighter
16unless the employer can demonstrate that the accommodation would pose an undue
17hardship on the employer's program, enterprise or business. An employer may
18reasonably accommodate the temporary absence of an employe or prospective
19employe from work while responding to an emergency call as a volunteer fire fighter
20by temporarily reallocating job duties, adjusting or modifying the employer's
21attendance policies or making other, similar accommodations for the employe or
22prospective employe.
AB449, s. 7 23Section 7. Initial applicability.
AB449,6,3
1(1) This act first applies to acts of employment discrimination in violation of
2section 111.322 of the statutes, as affected by this act, that occur on the effective date
3of this subsection.
AB449,6,44 (End)
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