LRB-5577/1
KRP:emw
2017 - 2018 LEGISLATURE
March 7, 2018 - Introduced by Senator Erpenbach, cosponsored by Representative
Hesselbein. Referred to Committee on Labor and Regulatory Reform.
SB867,1,4 1An Act to renumber and amend 111.36 (1) (d) 1. and 111.36 (1) (d) 2.; to amend
2111.31 (1), 111.31 (2), 111.31 (3), 111.321, 111.36 (title), 111.36 (1) (intro.) and
3111.36 (1) (br); and to create 111.32 (7j) of the statutes; relating to: prohibiting
4employment discrimination on the basis of an individual's gender identity.
Analysis by the Legislative Reference Bureau
Currently, the fair employment law prohibits discrimination in employment
and licensing on the basis of age, race, creed, color, disability, marital status, sex,
national origin, ancestry, sexual orientation, arrest record, 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. This bill adds gender identity
as a prohibited basis for discrimination under the fair employment law.
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:
SB867,1 5Section 1. 111.31 (1) of the statutes is amended to read:
SB867,2,16
1111.31 (1) The legislature finds that the practice of unfair discrimination in
2employment against properly qualified individuals by reason of their age, race,
3creed, color, disability, marital status, sex, national origin, ancestry, sexual
4orientation, gender identity, arrest record, conviction record, military service, use or
5nonuse of lawful products off the employer's premises during nonworking hours, or
6declining to attend a meeting or to participate in any communication about religious
7matters or political matters, substantially and adversely affects the general welfare
8of the state. Employers, labor organizations, employment agencies, and licensing
9agencies that deny employment opportunities and discriminate in employment
10against properly qualified individuals solely because of their age, race, creed, color,
11disability, marital status, sex, national origin, ancestry, sexual orientation, gender
12identity,
arrest record, conviction record, military service, use or nonuse of lawful
13products off the employer's premises during nonworking hours, or declining to
14attend a meeting or to participate in any communication about religious matters or
15political matters, deprive those individuals of the earnings that are necessary to
16maintain a just and decent standard of living.
SB867,2 17Section 2. 111.31 (2) of the statutes is amended to read:
SB867,3,518 111.31 (2) It is the intent of the legislature to protect by law the rights of all
19individuals to obtain gainful employment and to enjoy privileges free from
20employment discrimination because of age, race, creed, color, disability, marital
21status, sex, national origin, ancestry, sexual orientation, gender identity, arrest
22record, conviction record, military service, use or nonuse of lawful products off the
23employer's premises during nonworking hours, or declining to attend a meeting or
24to participate in any communication about religious matters or political matters, and
25to encourage the full, nondiscriminatory utilization of the productive resources of the

1state to the benefit of the state, the family, and all the people of the state. It is the
2intent of the legislature in promulgating this subchapter to encourage employers to
3evaluate an employee or applicant for employment based upon the individual
4qualifications of the employee or applicant rather than upon a particular class to
5which the individual may belong.
SB867,3 6Section 3. 111.31 (3) of the statutes is amended to read:
SB867,3,177 111.31 (3) In the interpretation and application of this subchapter, and
8otherwise, it is declared to be the public policy of the state to encourage and foster
9to the fullest extent practicable the employment of all properly qualified individuals
10regardless of age, race, creed, color, disability, marital status, sex, national origin,
11ancestry, sexual orientation, gender identity, arrest record, conviction record,
12military service, use or nonuse of lawful products off the employer's premises during
13nonworking hours, or declining to attend a meeting or to participate in any
14communication about religious matters or political matters. Nothing in this
15subsection requires an affirmative action program to correct an imbalance in the
16work force. This subchapter shall be liberally construed for the accomplishment of
17this purpose.
SB867,4 18Section 4. 111.32 (7j) of the statutes is created to read:
SB867,3,2019 111.32 (7j) “Gender identity” means an individual's self-identification as male,
20female, or something else, regardless of the individual's assigned sex at birth.
SB867,5 21Section 5. 111.321 of the statutes is amended to read:
SB867,4,4 22111.321 Prohibited bases of discrimination. Subject to ss. 111.33 to
23111.365, no employer, labor organization, employment agency, licensing agency, or
24other person may engage in any act of employment discrimination as specified in s.
25111.322 against any individual on the basis of age, race, creed, color, disability,

1marital status, sex, national origin, ancestry, sexual orientation, gender identity,
2arrest record, conviction record, military service, use or nonuse of lawful products off
3the employer's premises during nonworking hours, or declining to attend a meeting
4or to participate in any communication about religious matters or political matters.
SB867,6 5Section 6. 111.36 (title) of the statutes is amended to read:
SB867,4,7 6111.36 (title) Sex, sexual orientation , or gender identity; exceptions
7and special cases.
SB867,7 8Section 7. 111.36 (1) (intro.) of the statutes is amended to read:
SB867,4,129 111.36 (1) (intro.) Employment discrimination because of sex, sexual
10orientation, or gender identity
includes, but is not limited to, any of the following
11actions by any an employer, labor organization, employment agency, licensing
12agency, or other person:
SB867,8 13Section 8. 111.36 (1) (br) of the statutes is amended to read:
SB867,4,2414 111.36 (1) (br) Engaging in harassment that consists of unwelcome verbal or
15physical conduct directed at another individual because of that individual's gender
16or gender identity, other than the conduct described in par. (b), and that has the
17purpose or effect of creating an intimidating, hostile, or offensive work environment
18or has the purpose or effect of substantially interfering with that individual's work
19performance. Under this paragraph, substantial interference with an employee's
20work performance or creation of an intimidating, hostile, or offensive work
21environment is established when the conduct is such that a reasonable person under
22the same circumstances as the employee would consider the conduct sufficiently
23severe or pervasive to interfere substantially with the person's work performance or
24to create an intimidating, hostile, or offensive work environment.
SB867,9
1Section 9. 111.36 (1) (d) 1. of the statutes is renumbered 111.36 (1) (d) and
2amended to read:
SB867,5,93 111.36 (1) (d) For any employer, labor organization, licensing agency or
4employment agency or other person to refuse
Refusing to hire, employ, admit, or
5license, or to bar or terminate an individual; barring or terminating from
6employment, membership, or licensure any an individual,; or to discriminate
7discriminating against an individual in promotion, compensation, or in the terms,
8conditions, or privileges of employment because of the individual's sexual
9orientation; or gender identity.
SB867,10 10Section 10. 111.36 (1) (d) 2. of the statutes is renumbered 111.36 (1) (e) and
11amended to read:
SB867,5,1712 111.36 (1) (e) For any employer, labor organization, licensing agency or
13employment agency or other person to discharge
Discharging or otherwise
14discriminate discriminating against any a person because he or she the person has
15opposed any discriminatory practices under this paragraph par. (d) or because he or
16she
the person has made a complaint, testified , or assisted in any proceeding under
17this paragraph par. (d).
SB867,5,1818 (End)
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