LRB-2930/1
GMM:kjf:rs
2013 - 2014 LEGISLATURE
November 22, 2013 - Introduced by Representatives Genrich, Jacque, Barnes,
Berceau, Billings, Goyke, Hebl, Hesselbein, Hintz, Hulsey, Johnson,
Jorgensen, Kahl, Kessler, Mason, Milroy, Ohnstad, Pasch, Riemer,
Ringhand, Sargent, Shankland, Sinicki, C. Taylor, Vruwink, Wachs, Wright,
Young and Zamarripa, cosponsored by Senators Harris, L. Taylor, Schultz,
Miller, Lehman, Lassa, C. Larson and Hansen. Referred to Committee on
Labor.
AB526,1,6 1An Act to renumber and amend 111.36 (1) (c); and to create 111.36 (1) (c) 2.,
2111.36 (1) (c) 3. and 111.36 (4) of the statutes; relating to: reasonable
3accommodation of any condition of an employee that is related to pregnancy or
4childbirth and of an employee's inability to adequately undertake the
5job-related responsibilities of a particular job because of pregnancy, childbirth,
6or a related condition.
Analysis by the Legislative Reference Bureau
Current law prohibits employment discrimination on the basis of sex, including
discrimination against any woman on the basis of pregnancy or a related medical
condition. Current law also prohibits employment discrimination on the basis of
disability, including refusing to reasonably accommodate an employee's disability,
but the Labor and Industry Review Commission (LIRC) has held that pregnancy and
pregnancy-related medical conditions are covered under the sex discrimination, and
not the disability discrimination, provisions of the Fair Employment Law. Goodrich
v. Duro Paper Bag Mfg. Co, Inc.
(LIRC 02/14/92).
This bill provides that employment discrimination on the basis of sex includes
all of the following:
1. Refusing to reasonably accommodate any condition, including a medical
condition of an employee that is related to pregnancy or childbirth, or to reasonably
accommodate an employee's inability to adequately undertake the job-related

responsibilities of a particular job because of pregnancy, childbirth, or a related
condition that is known to the employer, including the need to express breast milk
for a nursing child (lactation), unless the employer can demonstrate that the
accommodation would pose a hardship on the employer's program, enterprise, or
business.
2. Requiring an employee to take family, medical, or any other type of leave as
a reasonable accommodation of an employee's inability to adequately undertake the
job-related responsibilities of a particular job because of pregnancy, childbirth, or a
related condition that is known to the employer, including lactation, unless the
employer can demonstrate that permitting the employee to remain at work would
pose a hardship on the employer's program, enterprise, or business.
Specifically, the bill requires an employer to explore with an employee who
requests a reasonable accommodation because of pregnancy, childbirth, or a related
condition that is known to the employer, including lactation (reasonable
accommodation), all possible means of providing the reasonable accommodation,
including changing the employee's job responsibilities, changing the employee's
work hours, relocating the employee's work area, providing mechanical or electronic
aids to the employee, transferring the employee to a less strenuous or less hazardous
job, or, subject to the prohibition against requiring an employee to take leave,
providing family, medical, or any other type of leave to the employee.
Further, the bill requires an employer, on the request of an employee for a
transfer to a less strenuous or less hazardous job as a reasonable accommodation, to
transfer the employee for a period up to the duration of the employee's inability to
adequately undertake the job-related responsibilities of a particular job if: 1) the
employer has a policy or practice, or is subject to a collective bargaining agreement,
authorizing or requiring the transfer of an employee with a temporary disability to
a less strenuous or less hazardous job for the duration of the disability; or 2) the
employer can provide the transfer without having to create additional employment
that the employer would not have created otherwise, discharge any employee,
transfer any other employee with more seniority than the employee requesting the
transfer, or promote to a particular job any employee who is not qualified to perform
the job.
Finally, the bill requires an employer, on the request of an employee for a
reasonable accommodation due to the need to express breast milk for a nursing child,
to explore with the employee all of the following possible means of providing that
reasonable accommodation: 1) providing the employee with a reasonable break time
to express breast milk; 2) providing a private place, other than a bathroom, that is
shielded from view and free from intrusion by coworkers and the public where the
employee may express breast milk; and 3) providing the employee with access to an
electrical outlet, running water, and a refrigerator for the storage of breast milk.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB526,1
1Section 1. 111.36 (1) (c) of the statutes is renumbered 111.36 (1) (c) (intro.) and
2amended to read:
AB526,3,53 111.36 (1) (c) (intro.) Discriminating against any woman on the basis of
4pregnancy, childbirth, maternity leave, or a related medical conditions by engaging
5condition by doing any of the following:
AB526,3,8 61. Engaging in any of the actions prohibited under s. 111.322, including, but
7not limited to, actions
any action concerning fringe benefit programs covering
8illnesses and disability.
AB526,2 9Section 2. 111.36 (1) (c) 2. of the statutes is created to read:
AB526,3,1710 111.36 (1) (c) 2. Refusing to reasonably accommodate any condition, including
11a medical condition, of an employee that is related to pregnancy or childbirth, or to
12reasonably accommodate an employee's inability to adequately undertake the
13job-related responsibilities of a particular job because of pregnancy, childbirth, or a
14related condition that is known to the employer, including the need to express breast
15milk for a nursing child, as provided in sub. (4), unless the employer can demonstrate
16that the accommodation would pose a hardship on the employer's program,
17enterprise, or business.
AB526,3 18Section 3. 111.36 (1) (c) 3. of the statutes is created to read:
AB526,3,2319 111.36 (1) (c) 3. Requiring an employee to take family or medical leave under
20s. 103.10 or 29 USC 2612 or any other type of leave provided by the employer as a
21reasonable accommodation under subd. 2., unless the employer can demonstrate
22that permitting the employee to remain at work would pose a hardship on the
23employer's program, enterprise, or business.
AB526,4 24Section 4. 111.36 (4) of the statutes is created to read:
AB526,4,8
1111.36 (4) (a) If an employee requests a reasonable accommodation under sub.
2(1) (c) 2., the employer shall explore with the employee all possible means of
3providing the reasonable accommodation, including changing the employee's job
4responsibilities, changing the employee's work hours, relocating the employee's work
5area, providing mechanical or electronic aids to the employee, transferring the
6employee to a less strenuous or less hazardous job as provided in par. (b), providing
7any or all of the accommodations specified in par. (c), if applicable, or, subject to sub.
8(1) (c) 3., providing family, medical, or any other type of leave to the employee.
AB526,4,139 (b) If an employee requests transfer to a less strenuous or less hazardous job
10as a reasonable accommodation under sub. (1) (c) 2., the employer shall transfer the
11employee as requested for a period up to the duration of the employee's inability to
12adequately undertake the job-related responsibilities of a particular job for a reason
13described in sub. (1) (c) 2. if any of the following apply:
AB526,4,1614 1. The employer has a policy or practice, or is subject to a collective bargaining
15agreement, authorizing or requiring the transfer of an employee with a temporary
16disability to a less strenuous or less hazardous job for the duration of the disability.
AB526,4,2117 2. The employer can provide the transfer without having to create additional
18employment that the employer would not have created otherwise, discharge any
19employee, transfer any other employee with more seniority than the employee
20requesting the transfer, or promote to a particular job any employee who is not
21qualified to perform the job.
AB526,4,2422 (c) If an employee requests a reasonable accommodation due to the need to
23express breast milk for a nursing child, the employer shall explore with the employee
24all of the following possible means of providing that reasonable accommodation:
AB526,5,3
11. Providing the employee with a reasonable break time to express breast milk.
2An employer is not required to compensate an employee receiving reasonable break
3time under this subdivision for any work time spent expressing breast milk.
AB526,5,64 2. Providing a private place, other than a bathroom, that is shielded from view
5and free from intrusion by coworkers and the public where the employee may express
6breast milk.
AB526,5,87 3. Providing the employee with access to an electrical outlet, running water,
8and a refrigerator for the storage of breast milk.
AB526,5 9Section 5. Nonstatutory provisions.
AB526,5,1510 (1) Employment discrimination poster. The department of workforce
11development shall revise the poster prepared under section DWD 218.23, Wisconsin
12Administrative Code, to include information concerning an employee's right to
13reasonable accommodation because of pregnancy, childbirth, or a related condition
14that is known to the employer under section 111.36 (1) (c) 2. and 3. and (4) of the
15statutes, as created by this act.
AB526,6 16Section 6. Initial applicability.
AB526,5,2017 (1) Collective bargaining agreements. This act first applies to an employee
18who is affected by a collective bargaining agreement containing provisions with this
19act on the day on which the collective bargaining agreement expires or is extended,
20modified, or renewed, whichever occurs first.
AB526,5,2121 (End)
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