2001 - 2002 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO 2001 ASSEMBLY BILL 300
October 30, 2001 - Offered by Representative Black.
AB300-AA1,1,11 At the locations indicated, amend the bill as follows:
AB300-AA1,1,2 21. Page 2, line 1: before that line insert:
AB300-AA1,1,3 3" Section 1c. 20.445 (1) (gr) of the statutes is created to read:
AB300-AA1,1,64 20.445 (1) (gr) Employment discrimination assessments. All moneys received
5from assessments collected under s. 111.39 (4) (c) 2., for the administration of subch.
6II of ch. 111.".
AB300-AA1,1,7 72. Page 2, line 1: delete " Section 1" and substitute "Section 1m".
AB300-AA1,1,8 83. Page 2, line 9: after that line insert:
AB300-AA1,1,10 9" Section 2. 111.39 (4) (c) of the statutes is renumbered 111.39 (4) (c) 1. and
10amended to read:
AB300-AA1,2,1911 111.39 (4) (c) 1. If, after hearing, the examiner finds that the respondent has
12engaged in discrimination, unfair honesty testing, or unfair genetic testing, the
13examiner shall make written findings and order such action by the respondent as

1will effectuate the purpose of this subchapter, with or without back pay. If the
2examiner awards any payment to an employee because of a violation of s. 111.321 by
3an individual employed by the employer, under s. 111.32 (6), the employer of that
4individual is liable for the payment. If the examiner finds a respondent violated s.
5111.322 (2m), the examiner shall award compensation in lieu of reinstatement if
6requested by all parties and may award compensation in lieu of reinstatement if
7requested by any party. Compensation in lieu of reinstatement for a violation of s.
8111.322 (2m) may not be less than 500 times nor more than 1,000 times the hourly
9wage of the person discriminated against when the violation occurred.
Back pay
10liability may not accrue from a date more than 2 years prior to the filing of a
11complaint with the department. Interim earnings or amounts earnable with
12reasonable diligence by the person discriminated against or subjected to unfair
13honesty testing or unfair genetic testing shall operate to reduce back pay otherwise
14allowable. Amounts received by the person discriminated against or subject to the
15unfair honesty testing or unfair genetic testing as unemployment benefits or welfare
16payments shall not reduce the back pay otherwise allowable, but shall be withheld
17from the person discriminated against or subject to unfair honesty testing or unfair
18genetic testing and immediately paid to the unemployment reserve fund or, in the
19case of a welfare payment, to the welfare agency making the payment.
AB300-AA1, s. 3 20Section 3. 111.39 (4) (c) 2. of the statutes is created to read:
AB300-AA1,3,421 111.39 (4) (c) 2. If the examiner finds that a respondent has discriminated
22against a person in promotion, compensation, or in terms, conditions, or privileges
23of employment on the basis of sex, race, color, national origin, or ancestry, the
24examiner, in addition to any action ordered under subd. 1., shall order the
25respondent to pay to the person compensatory and punitive damages in an amount

1that the examiner finds appropriate and to pay to the department an assessment
2equal to 10% of the amount of compensatory and punitive damages ordered. All
3assessments collected under this subdivision shall be deposited in the general fund
4and credited to the appropriation account under s. 20.445 (1) (gr).
AB300-AA1, s. 4 5Section 4. 111.39 (4) (c) 3. of the statutes is created to read:
AB300-AA1,3,86 111.39 (4) (c) 3. If the examiner orders any payment under subd. 1. or 2. because
7of a violation of s. 111.321 by an individual employed by an employer, the employer
8of that individual is liable for the payment.
AB300-AA1, s. 5 9Section 5. 111.39 (4) (c) 4. of the statutes is created to read:
AB300-AA1,3,1510 111.39 (4) (c) 4. If the examiner finds a respondent violated s. 111.322 (2m), the
11examiner shall award compensation in lieu of reinstatement if requested by all
12parties and may award compensation in lieu of reinstatement if requested by any
13party. Compensation in lieu of reinstatement for a violation of s. 111.322 (2m) may
14not be less than 500 times nor more than 1,000 times the hourly wage of the person
15discriminated against when the violation occurred.
AB300-AA1, s. 6 16Section 6. Nonstatutory provisions.
AB300-AA1,3,1717 (1) Wage disparity study.
AB300-AA1,3,1918 (a) Definition. In this subsection, "minority group member" has the meaning
19given in section 560.036 (1) (f) of the statutes.
AB300-AA1,3,2420 (b) Committee. By the first day of the 3rd month beginning after the effective
21date of this paragraph, the secretary of workforce development shall create and
22appoint a committee consisting of the members specified in paragraph (c) to study
23the issues specified in paragraph (a) and report its findings, conclusions, and
24recommendations as provided in paragraph (b).
AB300-AA1,3,2525 (c) Membership. The committee shall consist of the following members:
AB300-AA1,4,3
11. Two members who are representatives of business and industry, who shall
2be appointed from a list of candidates submitted by an association that represents
3the interests of businesses and industries in this state.
AB300-AA1,4,84 2. Two members who are representatives of organized labor, who shall be
5appointed from a list of candidates submitted by a labor organization that is
6chartered by a federation of national or international labor organizations, admits to
7membership local labor organizations, and exists primarily to carry on educational,
8legislative, and coordinating activities.
AB300-AA1,4,139 3. Two members who are representatives of organizations whose objectives
10include the elimination of wage disparities between men and women and between
11minority group members and nonminority group members and who have
12undertaken advocacy, educational, or legislative initiatives in pursuit of that
13objective.
AB300-AA1,4,1814 4. Three members who are employees of an institution of higher education or
15a research institution and who have experience and expertise in the collection and
16analysis of data concerning wage disparities between men and women and between
17minority group members and nonminority group members and whose research has
18been used in efforts to eliminate those disparities.
AB300-AA1,4,1919 (d) Study. The committee shall study all of the following:
AB300-AA1,4,2220 1. The extent to which wage disparities exist, in both the public and private
21sectors, between men and women and between minority group members and
22nonminority group members.
AB300-AA1,5,423 2. The factors that cause, or that tend to cause, those wage disparities,
24including segregation between men and women and between minority group
25members and nonminority group members, both within and across occupations; the

1payment of lower wages in occupations dominated by women or by minority group
2members; disparities between men and women in child-rearing responsibilities; and
3disparities in education and training between men and women and between minority
4group members and nonminority group members.
AB300-AA1,5,65 3. The consequences of those wage disparities on the economy and on individual
6families.
AB300-AA1,5,157 (e) Recommendations. The committee shall recommend solutions and policy
8alternatives, including proposed legislation, to eliminate and prevent wage
9disparities between men and women and between minority group members and
10nonminority group members. By the first day of the 15th month beginning after the
11effective date of this paragraph, the committee shall report its findings, conclusions,
12and recommendations to the secretary of workforce development who shall submit
13that report to the appropriate standing committees of the legislature in the manner
14provided under section 13.72 (3) of the statutes and to the governor by the first day
15of the 16th month beginning after publication.
AB300-AA1, s. 7 16Section 7. Initial applicability.
AB300-AA1,5,2017 (1) Employment discrimination damages. The renumbering and amendment
18of section 111.39 (4) (c) of the statutes and the creation of section 111.30 (4) (c) 2., 3.,
19and 4. of the statutes first apply to acts of employment discrimination committed on
20the effective date of this subsection.".
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