AB408: Bill Text

AB408,7,16 66.1301 (2m) Discrimination. Persons entitled to any right, benefit, facility, or privilege under ss. 66.1301 to 66.1329 shall not be denied them in any manner for any purpose nor be discriminated against because of sex, race, color, creed, sexual orientation, military status, as defined in s. 111.32 (12g), or national origin.

AB408, s. 17 Section 17. 66.1331 (2m) of the statutes is amended to read:

AB408,7,21 66.1331 (2m) Discrimination. Persons otherwise entitled to any right, benefit, facility, or privilege under this section shall not be denied them in any manner for any purpose nor be discriminated against because of sex, race, color, creed, sexual orientation, military status, as defined in s. 111.32 (12g), or national origin.

AB408, s. 18 Section 18. 86.195 (5) (c) of the statutes is amended to read:

AB408,8,3 86.195 (5) (c) Conformity with discrimination laws. Each business identified as a motorist service on a specific information sign shall, as a condition of eligibility for erection, installation, and maintenance of a sign under this section, give written assurance to the department that the business conforms with all applicable laws concerning the provisions of public accommodations without regard to race, religion, color, sex, military status, as defined in s. 111.32 (12g), or national origin.

AB408, s. 19 Section 19. 106.50 (1) of the statutes is amended to read:

AB408,8,18 106.50 (1) Intent. It is the intent of this section to render unlawful discrimination in housing. It is the declared policy of this state that all persons shall have an equal opportunity for housing regardless of sex, race, color, sexual orientation, disability, religion, national origin, marital status, family status, military status, lawful source of income, age, or ancestry and it is the duty of the political subdivisions to assist in the orderly prevention or removal of all discrimination in housing through the powers granted under ss. 66.0125 and 66.1011. The legislature hereby extends the state law governing equal housing opportunities to cover single-family residences which that are owner-occupied. The legislature finds that the sale and rental of single-family residences constitute a significant portion of the housing business in this state and should be regulated. This section shall be deemed considered an exercise of the police powers of the state for the protection of the welfare, health, peace, dignity, and human rights of the people of this state.

AB408, s. 20 Section 20. 106.50 (1m) (h) of the statutes is amended to read:

AB408,8,24 106.50 (1m) (h) "Discriminate" means to segregate, separate, exclude, or treat a person or class of persons unequally in a manner described in sub. (2), (2m), or (2r) because of sex, race, color, sexual orientation, disability, religion, national origin, marital status, family status, military status, lawful source of income, age, or ancestry.

AB408, s. 21 Section 21. 106.50 (1m) (nm) of the statutes is amended to read:

AB408,9,5 106.50 (1m) (nm) "Member of a protected class" means a group of natural persons, or a natural person, who may be categorized based on one or more of the following characteristics: sex, race, color, disability, sexual orientation as defined in s. 111.32 (13m), religion, national origin, marital status, family status, military status, lawful source of income, age, or ancestry.

AB408, s. 22 Section 22. 106.50 (1m) (o) of the statutes is created to read:

AB408,9,7 106.50 (1m) (o) "Military status" has the meaning given in s. 111.32 (12g).

AB408, s. 23 Section 23. 106.50 (5m) (f) 1. of the statutes is amended to read:

AB408,9,13 106.50 (5m) (f) 1. Nothing in this section prohibits an owner or agent from requiring that a person who seeks to buy or rent housing supply information concerning family status, military status, and marital, financial, and business status but not concerning race, color, physical condition, disability, sexual orientation, ancestry, national origin, religion, creed, or, subject to subd. 2., age.

AB408, s. 24 Section 24. 106.52 (1) (dm) of the statutes is created to read:

AB408,9,15 106.52 (1) (dm) "Military status" has the meaning given in s. 111.32 (12g).

AB408, s. 25 Section 25. 106.52 (3) (a) 1. of the statutes is amended to read:

AB408,9,20 106.52 (3) (a) 1. Deny to another or charge another a higher price than the regular rate for the full and equal enjoyment of any public place of accommodation or amusement because of sex, race, color, creed, disability, sexual orientation, national origin, military status, or ancestry.

AB408, s. 26 Section 26. 106.52 (3) (a) 2. of the statutes is amended to read:

AB408,9,25 106.52 (3) (a) 2. Give preferential treatment to some classes of persons in providing services or facilities in any public place of accommodation or amusement because of sex, race, color, creed, sexual orientation, national origin , military status, or ancestry.

AB408, s. 27 Section 27. 106.52 (3) (a) 3. of the statutes is amended to read:

AB408,10,7 106.52 (3) (a) 3. Directly or indirectly publish, circulate, display, or mail any written communication which that the communicator knows is to the effect that any of the facilities of any public place of accommodation or amusement will be denied to any person by reason of sex, race, color, creed, disability, sexual orientation, national origin, military status, or ancestry or that the patronage of a person is unwelcome, objectionable, or unacceptable for any of those reasons.

AB408, s. 28 Section 28. 106.52 (3) (a) 4. of the statutes is amended to read:

AB408,10,11 106.52 (3) (a) 4. Refuse to furnish or charge another a higher rate for any automobile insurance because of race, color, creed, disability, national origin, military status, or ancestry.

AB408, s. 29 Section 29. 106.52 (3) (a) 5. of the statutes is amended to read:

AB408,10,16 106.52 (3) (a) 5. Refuse to rent, charge a higher price than the regular rate or give preferential treatment, because of sex, race, color, creed, sexual orientation, national origin, military status, or ancestry, regarding the use of any private facilities commonly rented to the public.

AB408, s. 30 Section 30. 111.075 (2) (b) of the statutes is amended to read:

AB408,11,2 111.075 (2) (b) The commission shall declare any fair-share or maintenance of membership agreement suspended upon such conditions and for such time as the commission decides whenever it the commission finds that the labor organization involved has refused on the basis of race, color, sexual orientation , military status, as defined in s. 111.32 (12g), or creed to receive as a member any employee in the collective bargaining unit involved, and the agreement shall be made subject to the findings and orders of the commission. Any of the parties to the agreement, or any employee covered thereby by the agreement, may come before the commission, as provided in s. 111.07, and petition the commission to make such a finding.

AB408, s. 31 Section 31. 111.31 (1) of the statutes is amended to read:

AB408,11,19 111.31 (1) The legislature finds that the practice of unfair discrimination in employment against properly qualified individuals by reason of their 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 any other reserve component of the military forces of the United States or this state military status, or use or nonuse of lawful products off the employer's premises during nonworking hours substantially and adversely affects the general welfare of the state. Employers, labor organizations, employment agencies, and licensing agencies that deny employment opportunities and discriminate in employment against properly qualified individuals solely because of their 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 any other reserve component of the military forces of the United States or this state military status, or use or nonuse of lawful products off the employer's premises during nonworking hours deprive those individuals of the earnings that are necessary to maintain a just and decent standard of living.

AB408, s. 32 Section 32. 111.31 (2) of the statutes is amended to read:

AB408,12,8 111.31 (2) It is the intent of the legislature to protect by law the rights of all individuals to obtain gainful employment and to enjoy privileges free from employment discrimination because 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 any other reserve component of the military forces of the United States or this state military status, or use or nonuse of lawful products off the employer's premises during nonworking hours, and to encourage the full, nondiscriminatory utilization of the productive resources of the state to the benefit of the state, the family, and all the people of the state. It is the intent of the legislature in promulgating this subchapter to encourage employers to evaluate an employee or applicant for employment based upon the employee's or applicant's individual qualifications of the employee or applicant rather than upon a particular class to which the individual may belong.

AB408, s. 33 Section 33. 111.31 (3) of the statutes is amended to read:

AB408,12,20 111.31 (3) In the interpretation and application of this subchapter, and otherwise, it is declared to be the public policy of the state to encourage and foster to the fullest extent practicable the employment of all properly qualified individuals regardless 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 any other reserve component of the military forces of the United States or this state military status, or use or nonuse of lawful products off the employer's premises during nonworking hours. Nothing in this subsection requires an affirmative action program to correct an imbalance in the work force. This subchapter shall be liberally construed for the accomplishment of this purpose.

AB408, s. 34 Section 34. 111.32 (12g) of the statutes is created to read:

AB408,12,24 111.32 (12g) "Military status" means membership in the national guard, state defense force, or any other reserve component of the military forces of the United States or of this state.

AB408, s. 35 Section 35. 111.321 of the statutes is amended to read:

AB408,13,8 111.321 Prohibited bases of discrimination. Subject to ss. 111.33 to 111.36, no employer, labor organization, employment agency, licensing agency , or other person may engage in any act of employment discrimination as specified in s. 111.322 against any individual on the basis of age, race, creed, color, disability, marital status, sex, national origin, ancestry, arrest record, conviction record, 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, or use or nonuse of lawful products off the employer's premises during nonworking hours.

AB408, s. 36 Section 36. 111.70 (2) of the statutes is amended to read:

AB408,14,6 111.70 (2) Rights of municipal employees. Municipal employees shall have the right of self-organization, and the right to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection, and such employees shall have the right to refrain from any and all such activities except that employees may be required to pay dues in the manner provided in a fair-share agreement. Such fair-share agreement shall be subject to the right of the municipal employer or a labor organization to petition the commission to conduct a referendum. Such petition must shall be supported by proof that at least 30% of the employees in the collective bargaining unit desire that the fair-share agreement be terminated. Upon so finding, the commission shall conduct a referendum. If the continuation of the agreement is not supported by at least the majority of the eligible employees, it the agreement shall be deemed considered terminated. The commission shall declare any fair-share agreement suspended upon such conditions and for such time as the commission decides whenever it the commission finds that the labor organization involved has refused on the basis of race, color, sexual orientation, creed, military status, as defined in s. 111.32 (12g), or sex to receive as a member any employee of the municipal employer in the bargaining unit involved, and such agreement shall be made subject to this duty of the commission. Any of the parties to such agreement or any municipal employee covered thereby by the agreement may come before the commission, as provided in s. 111.07, and ask the performance of this duty.

AB408, s. 37 Section 37. 111.81 (12) (b) of the statutes is amended to read:

AB408,14,10 111.81 (12) (b) Which discriminates with regard to the terms or conditions of membership because of race, color, creed, sex, age, sexual orientation , military status, as defined in s. 111.32 (12g), or national origin.

AB408, s. 38 Section 38. 111.85 (2) (b) of the statutes is amended to read:

AB408,14,21 111.85 (2) (b) The commission shall declare any fair-share or maintenance of membership agreement suspended upon such conditions and for such time as the commission decides whenever it the commission finds that the labor organization involved has refused on the basis of race, color, sexual orientation , military status, as defined in s. 111.32 (12g), or creed to receive as a member any employee or supervisor in the collective bargaining unit involved, and the agreement shall be made subject to the findings and orders of the commission. Any of the parties to the agreement, or any employee or supervisor covered thereby by the agreement, may come before the commission, as provided in s. 111.07, and petition the commission to make such a finding.

AB408, s. 39 Section 39. 118.20 (1) of the statutes is amended to read:

AB408,15,7 118.20 (1) No discrimination because of sex, except where sex is a bona fide occupational qualification, as defined in s. 111.36 (2), race, nationality, military status, as defined in s. 111.32 (12g), or political or religious affiliation may be practiced in the employment of teachers or administrative personnel in public schools or in their assignment or reassignment. No questions of any nature or form relative to sex, except where sex is a bona fide occupational qualification, as defined in s. 111.36 (2), race, nationality, military status, as defined in s. 111.32 (12g), or political or religious affiliation may be asked applicants for teaching or administrative positions in the public schools either by public school officials or employees or by teachers agencies or placement bureaus.

AB408, s. 40 Section 40. 138.20 (1) of the statutes is amended to read:

AB408,15,19 138.20 (1) Rule. No financial organization, as defined under ss. 71.04 (8) (a) and 71.25 (10) (a), or any other credit granting commercial institution may discriminate in the granting or extension of any form of loan or credit, or of the privilege or capacity to obtain any form of loan or credit, on the basis of the applicant's physical condition, developmental disability, as defined in s. 51.01 (5), sex, military status, as defined in s. 111.32 (12g), or marital status; provided, however, that no such organization or institution shall be required to grant or extend any form of loan or credit to any person who such organization or institution has evidence demonstrating the applicant's lack of legal capacity to contract therefor for a loan or credit or to contract with respect to any mortgage or security interest in collateral related thereto to a loan or credit.

AB408, s. 41 Section 41. 194.025 of the statutes is amended to read:

AB408,15,23 194.025 Discrimination prohibited. No motor carrier may engage in any practice, act, or omission which that results in discrimination on the basis of race, creed, sex, military status, as defined in s. 111.32 (12g), or national origin.

AB408, s. 42 Section 42. 224.77 (1) (o) of the statutes is amended to read:

AB408,16,6 224.77 (1) (o) In the course of practice as a mortgage banker, loan originator, or mortgage broker, except in relation to housing designed to meet the needs of elderly individuals, treated a person unequally solely because of sex, race, color, handicap, sexual orientation, as defined in s. 111.32 (13m), religion, national origin, age or, ancestry, the person's lawful source of income, military status, as defined in s. 111.32 (12g), or the sex or marital status of the person maintaining a household.

AB408, s. 43 Section 43. 230.01 (2) of the statutes is amended to read:

AB408,16,24 230.01 (2) It is the policy of the state and the responsibility of the secretary and the administrator to maintain a system of personnel management which that fills positions in the classified service through methods which that apply the merit principle, with adequate civil service safeguards. It is the policy of this state to provide for equal employment opportunity by ensuring that all personnel actions including hire, tenure or term, and condition or privilege of employment be based on the ability to perform the duties and responsibilities assigned to the particular position without regard to age, race, creed or religion, color, disability, sex, national origin, ancestry, sexual orientation, military status, as defined in s. 111.32 (12g), or political affiliation. It is the policy of this state to take affirmative action which that is not in conflict with other provisions of this chapter. It is the policy of the state to ensure its employees opportunities for satisfying careers and fair treatment based on the value of each employee's services. It is the policy of this state to encourage disclosure of information under subch. III and to ensure that any employee employed by a governmental unit is protected from retaliatory action for disclosing information under subch. III. It is the policy of this state to correct pay inequities based on gender or race in the state civil service system.

AB408, s. 44 Section 44. 230.18 of the statutes is amended to read:

AB408,17,12 230.18 Discrimination prohibited. No question in any form of application or in any examination may be so framed as to elicit information concerning the partisan political or religious opinions or affiliations of any applicant nor may any inquiry be made concerning such those opinions or affiliations and all disclosures thereof of those opinions or affiliations shall be discountenanced except that the administrator may evaluate the competence and impartiality of applicants for positions such as clinical chaplain in a state institutional program. No discriminations may be exercised in the recruitment, application, examination, or hiring process against or in favor of any person because of the person's political or religious opinions or affiliations or because of age, sex, disability, race, color, sexual orientation, national origin, military status, as defined in s. 111.32 (12g), or ancestry except as otherwise provided.

AB408, s. 45 Section 45. 234.29 of the statutes is amended to read:

AB408,17,20 234.29 Equality of occupancy and employment. The authority shall require that occupancy of housing projects assisted under this chapter be open to all regardless of sex, race, religion, sexual orientation, military status, as defined in s. 111.32 (12g), or creed, and that contractors and subcontractors engaged in the construction of economic development or housing projects, shall provide an equal opportunity for employment, without discrimination as to sex, race, religion, sexual orientation, military status, as defined in s. 111.32 (12g), or creed.

AB408, s. 46 Section 46. 452.14 (3) (n) of the statutes is amended to read:

AB408,17,24 452.14 (3) (n) Treated any person unequally solely because of sex, race, color, handicap, national origin, ancestry, marital status, military status, as defined in s. 111.32 (12g), or lawful source of income.

AB408, s. 47 Section 47. 632.35 of the statutes is amended to read:

AB408,18,5 632.35 Prohibited rejection, cancellation, and nonrenewal. No insurer may cancel or refuse to issue or renew an automobile insurance policy wholly or partially because of one or more of the following characteristics of any person: the age, sex, residence, race, color, creed, religion, national origin, ancestry, marital status, military status, as defined in s. 111.32 (12g), or occupation of a person.

AB408, s. 48 Section 48. Effective dates. This act takes effect on the day after publication, except as follows:

AB408,18,10 (1) Discrimination based on military status. The repeal and recreation of section 36.09 (1) (e) of the statutes takes effect on September 1, 2003, or on the day after publication, whichever is later.

AB408,18,11 (End)