LRB-3358/2
GMM:jld:pg
2003 - 2004 LEGISLATURE
October 21, 2003 - Introduced by Representatives Owens, Ainsworth, Albers,
Bies, Boyle, J. Fitzgerald, Freese, Hines, Kreibich, Ladwig, LeMahieu,
Musser, Nischke, Olsen, Ott, Petrowski, Pettis, Seratti, Suder, Van Roy,
Weber
and Gundrum, cosponsored by Senators Roessler, Brown, S.
Fitzgerald
and Lassa. Referred to Committee on Veterans and Military
Affairs.
AB603,1,6 1An Act to amend 111.31 (1), 111.31 (2), 111.31 (3) and 111.321; and to create
2111.32 (12g) and 111.355 of the statutes; relating to: prohibiting employment
3discrimination because an individual is or applies to be a member of, or
4performs, has performed, applies to perform, or has an obligation to perform
5active service in, the national guard, state defense force, or any reserve
6component of the military forces of the United States or this state.
Analysis by the Legislative Reference Bureau
Under current law, no employer, labor organization, licensing agency,
employment agency, or other person may refuse to hire, employ, admit, or license an
individual, bar or terminate an individual from employment, membership, or
licensure, or discriminate against an individual in promotion, in compensation, or
in the terms, conditions, or privileges of employment on the basis of membership in
the national guard, state defense force, or any reserve component of the military
forces of the United States or this state (military status).
This bill provides that employment discrimination because of military status
includes an employer, labor organization, licensing agency, employment agency, or
other person refusing to hire, employ, admit, or license an individual, barring or
terminating an individual from employment, membership, or licensure, or
discriminating against an individual in promotion, in compensation, or in the terms,
conditions, or privileges of employment because the individual is or applies to be a

member of the national guard, state defense force, or any reserve component of the
military forces of the United States or this state or because the individual performs,
has performed, applies to perform, or has an obligation to perform active service in
the national guard, state defense force, or any reserve component of the military
forces of the United States or this state.
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:
AB603, s. 1 1Section 1. 111.31 (1) of the statutes is amended to read:
AB603,2,172 111.31 (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 United
7States or this state
military status, or use or nonuse of lawful products off the
8employer's premises during nonworking hours substantially and adversely affects
9the general welfare of the state. Employers, labor organizations, employment
10agencies, and licensing agencies that deny employment opportunities and
11discriminate in employment against properly qualified individuals solely because of
12their age, race, creed, color, disability, marital status, sex, national origin, ancestry,
13sexual orientation, arrest record, conviction record, membership in the national
14guard, state defense force or any other reserve component of the military forces of the
15United States or this state
military status, or use or nonuse of lawful products off the
16employer's premises during nonworking hours deprive those individuals of the
17earnings that are necessary to maintain a just and decent standard of living.
AB603, s. 2 18Section 2. 111.31 (2) of the statutes is amended to read:
AB603,3,13
1111.31 (2) It is the intent of the legislature to protect by law the rights of all
2individuals to obtain gainful employment and to enjoy privileges free from
3employment discrimination because of age, race, creed, color, disability, marital
4status, sex, national origin, ancestry, sexual orientation, arrest record, conviction
5record, membership in the national guard, state defense force or any other reserve
6component of the military forces of the United States or this state
military status,
7or use or nonuse of lawful products off the employer's premises during nonworking
8hours, and to encourage the full, nondiscriminatory utilization of the productive
9resources of the state to the benefit of the state, the family, and all the people of the
10state. It is the intent of the legislature in promulgating this subchapter to encourage
11employers to evaluate an employee or applicant for employment based upon the
12employee's or applicant's individual qualifications rather than upon a particular
13class to which the individual may belong.
AB603, s. 3 14Section 3. 111.31 (3) of the statutes is amended to read:
AB603,3,2515 111.31 (3) In the interpretation and application of this subchapter, and
16otherwise, it is declared to be the public policy of the state to encourage and foster
17to the fullest extent practicable the employment of all properly qualified individuals
18regardless of age, race, creed, color, disability, marital status, sex, national origin,
19ancestry, sexual orientation, arrest record, conviction record, membership in the
20national guard, state defense force or any other reserve component of the military
21forces of the United States or this state
military status, or use or nonuse of lawful
22products off the employer's premises during nonworking hours. Nothing in this
23subsection requires an affirmative action program to correct an imbalance in the
24work force. This subchapter shall be liberally construed for the accomplishment of
25this purpose.
AB603, s. 4
1Section 4. 111.32 (12g) of the statutes is created to read:
AB603,4,42 111.32 (12g) "Military status" means membership in the national guard, state
3defense force, or any other reserve component of the military forces of the United
4States or this state.
AB603, s. 5 5Section 5. 111.321 of the statutes is amended to read:
AB603,4,13 6111.321 Prohibited bases of discrimination. Subject to ss. 111.33 to 111.36,
7no employer, labor organization, employment agency, licensing agency , or other
8person may engage in any act of employment discrimination as specified in s. 111.322
9against any individual on the basis of age, race, creed, color, disability, marital
10status, sex, national origin, ancestry, arrest record, conviction record, membership
11in the national guard, state defense force or any reserve component of the military
12forces of the United States or this state
military status, or use or nonuse of lawful
13products off the employer's premises during nonworking hours.
AB603, s. 6 14Section 6. 111.355 of the statutes is created to read:
AB603,5,2 15111.355 Military status; exceptions and special cases. Employment
16discrimination because of military status includes an employer, labor organization,
17licensing agency, employment agency, or other person refusing to hire, employ,
18admit, or license an individual, barring or terminating an individual from
19employment, membership, or licensure, or discriminating against an individual in
20promotion, in compensation, or in the terms, conditions, or privileges of employment
21because the individual is or applies to be a member of the national guard, state
22defense force, or any reserve component of the military forces of the United States
23or this state or because the individual performs, has performed, applies to perform,

1or has an obligation to perform active service, as defined in s. 21.80 (1) (a) 1., or
2service in the uniformed services, as defined in 38 USC 4303 (13).
AB603,5,33 (End)
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