LRB-2420/1
GMM:jld:rs
2001 - 2002 LEGISLATURE
May 18, 2001 - Introduced by Representatives Schneider and Sinicki. Referred to
Committee on Labor and Workforce Development.
AB409,1,3 1An Act to create 103.135, 106.54 (7) and 230.45 (1) (m) of the statutes; relating
2to:
discharge or discrimination against an employee for disclosing the
3employee's compensation.
Analysis by the Legislative Reference Bureau
Current law prohibits an employer from discharging or discriminating against
an employee in promotion, compensation, or in terms, conditions, or privileges of
employment on the basis of the employee's age, race, creed, color, disability, marital
status, sex, national origin, ancestry, arrest or conviction record, membership in the
national guard or military reserves, or use or nonuse of a lawful product during
nonwork hours, or because the employee filed a complaint or attempted to enforce
a right under the state's labor laws or testified or assisted in any proceeding to
enforce such a right. Currently, the department of workforce development (DWD)
or, in the case of a state employee, the personnel commission may order an employer
that has discriminated against an employee to take such action as will effectuate the
purpose of the fair employment law, including the payment of back pay,
reinstatement of the employee, or the payment of compensation in lieu of
reinstatement.
This bill prohibits an employer from discharging or discriminating against an
employee in promotion, compensation, or in terms, conditions, or privileges of
employment for disclosing the employee's compensation to anyone, opposing a
discharge or discrimination in violation of the bill, filing a complaint or attempting
to enforce a right under the bill, or testifying or assisting in any action or proceeding

to enforce a right under the bill. An employee who is discharged or discriminated
against in violation of the bill may file a complaint with DWD or, in the case of a state
employee, the personnel commission, and DWD or the personnel commission must
process the complaint in the same manner that employment discrimination
complaints are processed under current law, which processing may include the
ordering of back pay, reinstatement, or compensation in lieu of reinstatement.
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:
AB409, s. 1 1Section 1. 103.135 of the statutes is created to read:
AB409,2,8 2103.135 Disclosure of compensation. (1) An employee may disclose the
3employee's compensation to anyone. An employer may not discharge or discriminate
4against an employee in promotion, compensation, or in terms, conditions, or
5privileges of employment for disclosing the employee's compensation to anyone,
6opposing a practice prohibited under this subsection, filing a complaint or
7attempting to enforce any right under this subsection, or testifying or assisting in
8any action or proceeding to enforce any right under this subsection.
AB409,2,12 9(2) (a) Subject to par. (b), any employee who is discharged or discriminated
10against in violation of sub. (1) may file a complaint with the department, and the
11department shall process the complaint in the same manner that employment
12discrimination complaints are processed under s. 111.39.
AB409,2,1713 (b) Any employee of a state agency, as defined in s. 111.32 (6), who is discharged
14or discriminated against in violation of sub. (1) may file a complaint with the
15personnel commission, and the personnel commission shall process the complaint in
16the same manner that employment discrimination complaints are processed under
17s. 111.39.
AB409, s. 2 18Section 2. 106.54 (7) of the statutes is created to read:
AB409,3,3
1106.54 (7) The division shall receive complaints under s. 103.135 (2) (a) and
2shall process the complaints in the same manner that employment discrimination
3complaints are processed under s. 111.39.
AB409, s. 3 4Section 3. 230.45 (1) (m) of the statutes is created to read:
AB409,3,75 230.45 (1) (m) Receive complaints under s. 103.135 (2) (b) and, except as
6provided in sub. (1m), process the complaints in the same manner that employment
7discrimination complaints are processed under s. 111.39.
AB409, s. 4 8Section 4. Initial applicability.
AB409,3,139 (1) This act first applies to an employee who, on the day before the effective date
10of this subsection, is affected by a collective bargaining or other employment
11agreement that contains provisions inconsistent with section 103.135 of the statutes,
12as created by this act, on the day on which the agreement expires or is extended,
13modified, or renewed, whichever occurs first.
AB409,3,1414 (End)
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