LRB-2399/1
MED&GMM:jld
2015 - 2016 LEGISLATURE
June 5, 2015 - Introduced by Representatives Barnes, Zamarripa, Subeck,
Berceau, Bowen, Brostoff, Genrich, Goyke, Hesselbein, Hintz, Johnson,
Jorgensen, Kessler, Mason, Ohnstad, Pope, Riemer, Sargent, Sinicki,
Spreitzer, C. Taylor, Young and Zepnick, cosponsored by Senators Hansen,
Harris Dodd, Lassa, Ringhand and Wirch. Referred to Committee on State
Affairs and Government Operations.
AB261,1,3 1An Act to amend 111.31 (1), 111.31 (2), 111.31 (3) and 111.321; and to create
2111.32 (7g) and 111.353 of the statutes; relating to: employment
3discrimination based on employment status.
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 or conviction record, military service, use or nonuse of a lawful
product off the employer's premises during nonworking hours, or declining to attend
a meeting or to participate in any communication about religious or political matters.
Current law specifies that it is an act of employment discrimination to: 1) refuse to
hire or employ an individual because of any of those bases; or 2) print or circulate or
cause to be printed or circulated any statement, advertisement, or publication, use
any form of application for employment, or make any inquiry in connection with
prospective employment that implies or expresses any discrimination because of any
of those bases.
This bill prohibits employment discrimination based on employment status,
which the bill defines as the status of being employed or unemployed. The bill
specifies that employment discrimination because of employment status includes an
employer, employment agency, or other person: 1) refusing to hire or employ an
individual because the individual is currently unemployed; and 2) printing or
circulating or causing to be printed or circulated any statement, advertisement, or
publication, using any form of application for employment, or making any inquiry in

connection with prospective employment that states or suggests that the
qualifications for a job include currently being employed, that the employer,
employment agency, or other person will not consider or review an application for
employment submitted by an individual who is currently unemployed, or that the
employer, employment agency, or other person will only consider or review an
application for employment submitted by an individual who is currently employed.
The bill, however, provides that it is not employment discrimination because of
employment status for an employer, employment agency, or other person to print or
circulate or cause to be printed or circulated any statement, advertisement, or
publication or to use any form of application for employment that sets forth any bona
fide occupational qualifications for a job, including the holding of a professional or
occupational credential or the possession of a minimum level of education, training,
or experience, or that states that only individuals who are currently employed by the
employer, employment agency, or other person will be considered for a job.
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:
AB261,1 1Section 1. 111.31 (1) of the statutes is amended to read:
AB261,3,42 111.31 (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, employment status, military service,
6use or nonuse of lawful products off the employer's premises during nonworking
7hours, or declining to attend a meeting or to participate in any communication about
8religious matters or political matters, substantially and adversely affects the general
9welfare of the state. Employers, labor organizations, employment agencies, and
10licensing agencies that deny employment opportunities and discriminate in
11employment against properly qualified individuals solely because of their age, race,
12creed, color, disability, marital status, sex, national origin, ancestry, sexual
13orientation, arrest record, conviction record, employment status, military service,

1use or nonuse of lawful products off the employer's premises during nonworking
2hours, or declining to attend a meeting or to participate in any communication about
3religious matters or political matters, deprive those individuals of the earnings that
4are necessary to maintain a just and decent standard of living.
AB261,2 5Section 2. 111.31 (2) of the statutes is amended to read:
AB261,3,186 111.31 (2) It is the intent of the legislature to protect by law the rights of all
7individuals to obtain gainful employment and to enjoy privileges free from
8employment discrimination because of age, race, creed, color, disability, marital
9status, sex, national origin, ancestry, sexual orientation, arrest record, conviction
10record, employment status, military service, use or nonuse of lawful products off the
11employer's premises during nonworking hours, or declining to attend a meeting or
12to participate in any communication about religious matters or political matters, and
13to encourage the full, nondiscriminatory utilization of the productive resources of the
14state to the benefit of the state, the family, and all the people of the state. It is the
15intent of the legislature in promulgating this subchapter to encourage employers to
16evaluate an employee or applicant for employment based upon the individual
17qualifications of the employee or applicant rather than upon a particular class to
18which the individual may belong.
AB261,3 19Section 3. 111.31 (3) of the statutes is amended to read:
AB261,4,520 111.31 (3) In the interpretation and application of this subchapter, and
21otherwise, it is declared to be the public policy of the state to encourage and foster
22to the fullest extent practicable the employment of all properly qualified individuals
23regardless of age, race, creed, color, disability, marital status, sex, national origin,
24ancestry, sexual orientation, arrest record, conviction record, employment status,
25military service, use or nonuse of lawful products off the employer's premises during

1nonworking hours, or declining to attend a meeting or to participate in any
2communication about religious matters or political matters. 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.
AB261,4 6Section 4. 111.32 (7g) of the statutes is created to read:
AB261,4,87 111.32 (7g) "Employment status" means the status of being employed or
8unemployed.
AB261,5 9Section 5. 111.321 of the statutes is amended to read:
AB261,4,17 10111.321 Prohibited bases of discrimination. Subject to ss. 111.33 to
11111.365, no employer, labor organization, employment agency, licensing agency, or
12other person may engage in any act of employment discrimination as specified in s.
13111.322 against any individual on the basis of age, race, creed, color, disability,
14marital status, sex, national origin, ancestry, arrest record, conviction record,
15employment status, military service, use or nonuse of lawful products off the
16employer's premises during nonworking hours, or declining to attend a meeting or
17to participate in any communication about religious matters or political matters.
AB261,6 18Section 6. 111.353 of the statutes is created to read:
AB261,4,21 19111.353 Employment status; exceptions and special cases. (1)
20Employment discrimination because of employment status includes all of the
21following:
AB261,4,2322 (a) An employer, employment agency, or other person refusing to hire or employ
23an individual because the individual is currently unemployed.
AB261,5,224 (b) An employer, employment agency, or other person printing or circulating or
25causing to be printed or circulated any statement, advertisement, or publication,

1using any form of application for employment, or making any inquiry in connection
2with prospective employment that states or suggests any of the following:
AB261,5,33 1. That the qualifications for a job include currently being employed.
AB261,5,64 2. That the employer, employment agency, or other person will not consider or
5review an application for employment submitted by an individual who is currently
6unemployed.
AB261,5,97 3. That the employer, employment agency, or other person will only consider
8or review an application for employment submitted by an individual who is currently
9employed.
AB261,5,14 10(2) Notwithstanding s. 111.322, it is not employment discrimination because
11of employment status for an employer, employment agency, or other person to print
12or circulate or cause to be printed or circulated any statement, advertisement, or
13publication or to use any form of application for employment that does any of the
14following:
AB261,5,1815 (a) Sets forth any bona fide occupational qualifications for a job, including the
16holding of a professional or occupational license, permit, certification, certificate,
17approval, registration, or other credential or the possession of a minimum level of
18education, training, or experience.
AB261,5,2019 (b) States that only individuals who are currently employed by the employer,
20employment agency, or other person will be considered for a job.
AB261,7 21Section 7. Initial applicability.
AB261,6,222 (1) Employment discrimination based on employment status. This act first
23applies to an applicant for employment who is affected by a collective bargaining
24agreement that contains provisions inconsistent with this act on the day on which

1the collective bargaining agreement expires or is extended, modified, or renewed,
2whichever occurs first.
AB261,6,33 (End)
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