LRB-2691/2
GMM:jld:km
2001 - 2002 LEGISLATURE
April 3, 2001 - Introduced by Representatives Ainsworth, Balow, Berceau,
Freese, Gunderson, Lassa, Miller, Musser, Petrowski, Rhoades, Ryba,
Sherman, Starzyk, Sykora, Turner
and Wade, cosponsored by Senators
Darling, Decker, Harsdorf and Roessler. Referred to Committee on Labor
and Workforce Development.
AB284,1,5 1An Act to amend 111.31 (1), 111.31 (2), 111.31 (3), 111.321 and 111.322 (intro.);
2and to create 111.32 (4r), 111.32 (7g) and 111.365 of the statutes; relating to:
3employment discrimination because of temporary absence from work while
4responding to an emergency call as a volunteer fire fighter, emergency medical
5technician, first responder, or ambulance driver.
Analysis by the Legislative Reference Bureau
Current law prohibits discrimination in employment on the basis of age, race,
creed, color, disability, marital status, sex, national origin, ancestry, sexual
orientation, 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. Current law also specifies that
employment discrimination because of creed or disability includes refusing to
reasonably accommodate the religious observance or practice or disability of an
employee or prospective employee 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,
emergency medical technician, first responder, or ambulance driver. The bill
specifies that employment discrimination on that basis includes refusing to
reasonably accommodate the temporary absence of an employee or prospective

employee from work while responding to an emergency call as a volunteer fire
fighter, emergency medical technician, first responder, or ambulance driver 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
employee or prospective employee. The bill defines "undue hardship" as significant
difficulty or expense, with respect to an accommodation for an employee or
prospective employee, when considered in light of various factors such as the nature
and cost of the accommodation, the overall financial resources of the employer and
of the facility, involved in providing the accommodation, the number of persons
employed by the employer and by the facility and the type of operation of the
employer. The bill also specifies that, if providing the accommodation would result
in more than 25% of the persons normally on duty in any particular function or
operation at the time of the accommodation being temporarily absent from work or
would result in a paid fire fighter, emergency medical technician, first responder, or
ambulance driver being temporarily absent from work while on duty as a paid fire
fighter, emergency medical technician, first responder, or ambulance driver, it is
presumed that the accommodation would pose an unreasonable hardship on the
employer's program, business, or enterprise.
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:
AB284, s. 1 1Section 1. 111.31 (1) of the statutes is amended to read:
AB284,3,112 111.31 (1) The legislature finds that the practice of unfair discrimination in
3employment against properly qualified individuals by reason of their age, race,
4creed, color, disability, 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
7United States or this state or, use or nonuse of lawful products off the employer's
8premises during nonworking hours, or temporary absence from work while
9responding to an emergency call as a volunteer fire fighter, emergency medical
10technician, first responder, or ambulance driver
substantially and adversely affects

1the general welfare of the state. Employers, labor organizations, employment
2agencies, and licensing agencies that deny employment opportunities and
3discriminate in employment against properly qualified individuals solely because of
4their age, race, creed, color, disability, marital status, sex, national origin, ancestry,
5sexual orientation, arrest record, conviction record, membership in the national
6guard, state defense force, or any other reserve component of the military forces of
7the United States or this state or, use or nonuse of lawful products off the employer's
8premises during nonworking hours, or temporary absence from work while
9responding to an emergency call as a volunteer fire fighter, emergency medical
10technician, first responder, or ambulance driver
deprive those individuals of the
11earnings that are necessary to maintain a just and decent standard of living.
AB284, s. 2 12Section 2. 111.31 (2) of the statutes is amended to read:
AB284,4,213 111.31 (2) It is the intent of the legislature to protect by law the rights of all
14individuals to obtain gainful employment and to enjoy privileges free from
15employment discrimination because of age, race, creed, color, disability, marital
16status, sex, national origin, ancestry, sexual orientation, arrest record, conviction
17record, membership in the national guard, state defense force, or any other reserve
18component of the military forces of the United States or this state or, use or nonuse
19of lawful products off the employer's premises during nonworking hours , or
20temporary absence from work while responding to an emergency call as a volunteer
21fire fighter, emergency medical technician, first responder, or ambulance driver
and
22to encourage the full, nondiscriminatory utilization of the productive resources of the
23state to the benefit of the state, the family, and all the people of the state. It is the
24intent of the legislature in promulgating this subchapter to encourage employers to
25evaluate an employee or applicant for employment based upon the employee's or

1applicant's individual qualifications rather than upon a particular class to which the
2individual may belong.
AB284, s. 3 3Section 3. 111.31 (3) of the statutes is amended to read:
AB284,4,154 111.31 (3) In the interpretation and application of this subchapter, and
5otherwise, it is declared to be the public policy of the state to encourage and foster
6to the fullest extent practicable the employment of all properly qualified individuals
7regardless of age, race, creed, color, disability, marital status, sex, national origin,
8ancestry, sexual orientation, arrest record, conviction record, membership in the
9national guard, state defense force, or any other reserve component of the military
10forces of the United States or this state or, use or nonuse of lawful products off the
11employer's premises during nonworking hours, or temporary absence from work
12while responding to an emergency call as a volunteer fire fighter, emergency medical
13technician, first responder, or ambulance driver
. Nothing in this subsection requires
14an affirmative action program to correct an imbalance in the work force. This
15subchapter shall be liberally construed for the accomplishment of this purpose.
AB284, s. 4 16Section 4. 111.32 (4r) of the statutes is created to read:
AB284,4,1817 111.32 (4r) "Emergency medical technician" has the meaning given in s. 146.50
18(1) (e).
AB284, s. 5 19Section 5. 111.32 (7g) of the statutes is created to read:
AB284,4,2020 111.32 (7g) "First responder" has the meaning given in s. 146.53 (1) (d).
AB284, s. 6 21Section 6. 111.321 of the statutes is amended to read:
AB284,5,6 22111.321 Prohibited bases of discrimination. Subject to ss. 111.33 to 111.36
23111.365, no employer, labor organization, employment agency, licensing agency, or
24other person may engage in any act of employment discrimination as specified in s.
25111.322 against any individual on the basis of age, race, creed, color, disability,

1marital status, sex, national origin, ancestry, arrest record, conviction record,
2membership in the national guard, state defense force, or any reserve component of
3the military forces of the United States or this state or , use or nonuse of lawful
4products off the employer's premises during nonworking hours, or temporary
5absence from work while responding to an emergency call as a volunteer fire fighter,
6emergency medical technician, first responder, or ambulance driver
.
AB284, s. 7 7Section 7. 111.322 (intro.) of the statutes is amended to read:
AB284,5,9 8111.322Discriminatory actions prohibited. (intro.) Subject to ss. 111.33
9to 111.36 111.365, it is an act of employment discrimination to do any of the following:
AB284, s. 8 10Section 8. 111.365 of the statutes is created to read:
AB284,5,15 11111.365 Volunteer fire fighters, emergency medical technicians, first
12responders' or ambulance drivers; exceptions and special cases.
(1) In this
13section, "undue hardship" means, with respect to an accommodation required under
14sub. (2), significant difficulty or expense, when considered in light of the following
15factors:
AB284,5,1616 (a) The nature and cost of the accommodation.
AB284,5,2017 (b) The overall financial resources of the facility involved in providing the
18accommodation, the number of persons employed by the facility, the effect of
19providing the accommodation on the resources and finances of the facility, and any
20other impact of the accommodation on the operation of the facility.
AB284,5,2321 (c) The overall financial resources of the employer, the number of persons
22employed by the employer, and the number, type, and location of the employer's
23facilities.
AB284,6,224 (d) The type of operation of the employer, including the composition, structure,
25and functions of the employer's workforce, the geographic separateness of the facility

1involved in providing the accommodation from the employer, and the administrative
2and financial relationship of that facility to the employer.
AB284,6,22 3(2) Employment discrimination because of temporary absence from work while
4responding to an emergency call as a volunteer fire fighter, emergency medical
5technician, first responder, or ambulance driver includes refusing to reasonably
6accommodate the temporary absence of an employee or prospective employee from
7work while responding to an emergency call as a volunteer fire fighter, emergency
8medical technician, first responder, or ambulance driver unless the employer can
9demonstrate that the accommodation would pose an undue hardship on the
10employer's program, enterprise, or business. If providing the accommodation would
11result in more than 25% of the persons normally on duty in any particular function
12or operation at the time of the accommodation being temporarily absent from work
13or would result in a paid fire fighter, emergency medical technician, first responder,
14or ambulance driver being temporarily absent from work while on duty as a paid fire
15fighter, emergency medical technician, first responder, or ambulance driver, it is
16presumed that the accommodation would pose an undue hardship on the employer's
17program, enterprise, or business. An employer may reasonably accommodate the
18temporary absence of an employee or prospective employee from work while
19responding to an emergency call as a volunteer fire fighter, emergency medical
20technician, first responder, or ambulance driver by temporarily reallocating job
21duties, adjusting or modifying the employer's attendance policies, or making other,
22similar accommodations for the employee or prospective employee.
AB284, s. 9 23Section 9. Initial applicability.
AB284,7,224 (1) This act first applies to an employee who is affected by a collective
25bargaining agreement that contains provisions inconsistent with this act on the day

1on which the collective bargaining agreement expires or is extended, modified, or
2renewed, whichever occurs first.
AB284,7,33 (End)
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