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, handicap 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 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 employe or applicant for employment based upon the employe's or applicant's individual qualifications rather than upon a particular class to which the individual may belong.
112,31
Section 31
. 111.31 (3) of the statutes is amended to read:
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, handicap 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 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.
112,32
Section 32
. 111.32 (8) (intro.) of the statutes is amended to read:
111.32 (8) (intro.) “Handicapped individual" “Individual with a disability" means an individual who:
112,33
Section 33
. 111.321 of the statutes is amended to read:
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, handicap 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 or use or nonuse of lawful products off the employer's premises during nonworking hours.
112,34
Section 34
. 111.335 (1) (d) of the statutes is repealed.
Note: This Section repeals the definition of “equivalent bond" in the fair employment law. According to DWD, that definition includes a bond issued to an ex-offender under the federal Comprehensive Employment and Training Act, which has been repealed. Therefore, the definition of “equivalent bond" is now obsolete and should also be repealed.
112,35
Section 35
. 111.34 (title) of the statutes is amended to read:
111.34 (title) Handicap Disability; exceptions and special cases.
112,36
Section 36
. 111.34 (1) (intro.) of the statutes is amended to read:
111.34 (1) (intro.) Employment discrimination because of handicap disability includes, but is not limited to:
112,37
Section 37
. 111.34 (1) (a) of the statutes is amended to read:
111.34 (1) (a) Contributing a lesser amount to the fringe benefits, including life or disability insurance coverage, of any employe because of the employe's handicap disability; or
112,38
Section 38
. 111.34 (1) (b) of the statutes is amended to read:
111.34 (1) (b) Refusing to reasonably accommodate an employe's or prospective employe's handicap
disability unless the employer can demonstrate that the accommodation would pose a hardship on the employer's program, enterprise or business.
112,39
Section 39
. 111.34 (2) (a) of the statutes is amended to read:
111.34 (2) (a) Notwithstanding s. 111.322, it is not employment discrimination because of handicap
disability to refuse to hire, employ, admit or license any individual, to bar or terminate from employment, membership or licensure any individual, or to discriminate against any individual in promotion, compensation or in terms, conditions or privileges of employment if the handicap
disability is reasonably related to the individual's ability to adequately undertake the job-related responsibilities of that individual's employment, membership or licensure.
112,40
Section 40
. 111.34 (2) (b) of the statutes is amended to read:
111.34 (2) (b) In evaluating whether a handicapped an individual with a disability can adequately undertake the job-related responsibilities of a particular job, membership or licensed activity, the present and future safety of the individual, of the individual's coworkers and, if applicable, of the general public may be considered. However, this evaluation shall be made on an individual case-by-case basis and may not be made by a general rule which prohibits the employment or licensure of handicapped individuals with disabilities in general or a particular class of handicapped individuals with disabilities.
112,41
Section 41
. 111.34 (2) (c) of the statutes is amended to read:
111.34 (2) (c) If the employment, membership or licensure involves a special duty of care for the safety of the general public, including but not limited to employment with a common carrier, this special duty of care may be considered in evaluating whether the employe or applicant can adequately undertake the job-related responsibilities of a particular job, membership or licensed activity. However, this evaluation shall be made on an individual case-by-case basis and may not be made by a general rule which prohibits the employment or licensure of handicapped individuals with disabilities in general or a particular class of handicapped individuals with disabilities.
112,42
Section 42
. 230.24 (1m) of the statutes is amended to read:
230.24 (1m) The policy established by the administrator under sub. (1) that deals with probation shall provide the option of extending the probationary period for handicapped individuals with disabilities, as defined in s. 111.32 (8), who are employes in a manner consistent with s. 230.28 (1) (bm).
112,43
Section 43
. 230.28 (1) (bm) (intro.) of the statutes is amended to read:
230.28 (1) (bm) (intro.) At the request of an appointing authority and an employe, the administrator may authorize, at any time before the completion of the probationary period, an extended probationary period of up to one additional year for a handicapped an individual with a disability, as defined in s. 111.32 (8), who is the employe to allow the employe to do any of the following:
112,44
Section 44
. 230.28 (1) (bm) 2. of the statutes is amended to read:
230.28 (1) (bm) 2. Obtain or adapt to special modifications made to the employe's workplace to accommodate the employe's handicap disability.
112,45
Section 45
. 560.20 (1) (e) of the statutes is amended to read:
560.20 (1) (e) “Person with severe disabilities" means an individual who is eligible for one or more programs or services under ch. 47 because he or she is a severely handicapped person with a severe disability, as defined in s. 47.01 (4) (3g).
Note: Sections 1 to 33 and 35 to 45 change references in the fair employment, vocational rehabilitation, worker's compensation, minimum wage for sheltered workshop employes and fair housing statutes from the terms “handicap", “handicapped individual, person or worker" and “handicap to employment" to “disability", “individual, person or worker with a disability" and “barrier to employment". According to DWD, some state statutes and federal statutes use the term “disability" rather than “handicap" because it is more up-to-date and commonly used. Therefore, references to “handicap", “handicapped individual, person or worker" and “handicap to employment" should be updated accordingly.
