ASSEMBLY AMENDMENT 1,
TO 2001 ASSEMBLY BILL 365
October 30, 2001 - Offered by Representative Black.
AB365-AA1,1,11 At the locations indicated, amend the bill as follows:
AB365-AA1,1,2 21. Page 1, line 4: before that line insert:
AB365-AA1,1,3 3" Section 1c. 20.445 (1) (gr) of the statutes is created to read:
AB365-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.
AB365-AA1, s. 2g 7Section 2g. 111.39 (4) (c) of the statutes is renumbered 111.39 (4) (c) 1. and
8amended to read:
AB365-AA1,2,179 111.39 (4) (c) 1. If, after hearing, the examiner finds that the respondent has
10engaged in discrimination, unfair honesty testing, or unfair genetic testing, the
11examiner shall make written findings and order such action by the respondent as
12will effectuate the purpose of this subchapter, with or without back pay. If the
13examiner awards any payment to an employee because of a violation of s. 111.321 by

1an individual employed by the employer, under s. 111.32 (6), the employer of that
2individual is liable for the payment. If the examiner finds a respondent violated s.
3111.322 (2m), the examiner shall award compensation in lieu of reinstatement if
4requested by all parties and may award compensation in lieu of reinstatement if
5requested by any party. Compensation in lieu of reinstatement for a violation of s.
6111.322 (2m) may not be less than 500 times nor more than 1,000 times the hourly
7wage of the person discriminated against when the violation occurred.
Back pay
8liability may not accrue from a date more than 2 years prior to the filing of a
9complaint with the department. Interim earnings or amounts earnable with
10reasonable diligence by the person discriminated against or subjected to unfair
11honesty testing or unfair genetic testing shall operate to reduce back pay otherwise
12allowable. Amounts received by the person discriminated against or subject to the
13unfair honesty testing or unfair genetic testing as unemployment benefits or welfare
14payments shall not reduce the back pay otherwise allowable, but shall be withheld
15from the person discriminated against or subject to unfair honesty testing or unfair
16genetic testing and immediately paid to the unemployment reserve fund or, in the
17case of a welfare payment, to the welfare agency making the payment.
AB365-AA1, s. 2L 18Section 2L. 111.39 (4) (c) 2. of the statutes is created to read:
AB365-AA1,3,219 111.39 (4) (c) 2. If the examiner finds that a respondent has discriminated
20against a person in promotion, compensation, or in terms, conditions, or privileges
21of employment on the basis of sex, race, color, national origin, or ancestry, the
22examiner, in addition to any action ordered under subd. 1., shall order the
23respondent to pay to the person compensatory and punitive damages in an amount
24that the examiner finds appropriate and to pay to the department an assessment
25equal to 10% of the amount of compensatory and punitive damages ordered. All

1assessments collected under this subdivision shall be deposited in the general fund
2and credited to the appropriation account under s. 20.445 (1) (gr).
AB365-AA1, s. 2p 3Section 2p. 111.39 (4) (c) 3. of the statutes is created to read:
AB365-AA1,3,64 111.39 (4) (c) 3. If the examiner orders any payment under subd. 1. or 2. because
5of a violation of s. 111.321 by an individual employed by an employer, the employer
6of that individual is liable for the payment.
AB365-AA1, s. 2t 7Section 2t. 111.39 (4) (c) 4. of the statutes is created to read:
AB365-AA1,3,138 111.39 (4) (c) 4. If the examiner finds a respondent violated s. 111.322 (2m), the
9examiner shall award compensation in lieu of reinstatement if requested by all
10parties and may award compensation in lieu of reinstatement if requested by any
11party. Compensation in lieu of reinstatement for a violation of s. 111.322 (2m) may
12not be less than 500 times nor more than 1,000 times the hourly wage of the person
13discriminated against when the violation occurred.".
AB365-AA1,3,14 142. Page 1, line 4: delete "1" and substitute "2x".
AB365-AA1,3,15 153. Page 2, line 1: after that line insert:
AB365-AA1,3,16 16" Section 3. Nonstatutory provisions.
AB365-AA1,3,1717 (1) Wage disparity study.
AB365-AA1,3,1918 (a) Definition. In this subsection, "minority group member" has the meaning
19given in section 560.036 (1) (f) of the statutes.
AB365-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 (d) and report its findings, conclusions, and
24recommendations as provided in paragraph (e).
AB365-AA1,4,1
1(c) Membership. The committee shall consist of the following members:
AB365-AA1,4,42 1. Two members who are representatives of business and industry, who shall
3be appointed from a list of candidates submitted by an association that represents
4the interests of businesses and industries in this state.
AB365-AA1,4,95 2. Two members who are representatives of organized labor, who shall be
6appointed from a list of candidates submitted by a labor organization that is
7chartered by a federation of national or international labor organizations, admits to
8membership local labor organizations, and exists primarily to carry on educational,
9legislative, and coordinating activities.
AB365-AA1,4,1410 3. Two members who are representatives of organizations whose objectives
11include the elimination of wage disparities between men and women and between
12minority group members and nonminority group members and who have
13undertaken advocacy, educational, or legislative initiatives in pursuit of that
14objective.
AB365-AA1,4,1915 4. Three members who are employees of an institution of higher education or
16a research institution and who have experience and expertise in the collection and
17analysis of data concerning wage disparities between men and women and between
18minority group members and nonminority group members and whose research has
19been used in efforts to eliminate those disparities.
AB365-AA1,4,2020 (d) Study. The committee shall study all of the following:
AB365-AA1,4,2321 1. The extent to which wage disparities exist, in both the public and private
22sectors, between men and women and between minority group members and
23nonminority group members.
AB365-AA1,5,524 2. The factors that cause, or that tend to cause, those wage disparities,
25including segregation between men and women and between minority group

1members and nonminority group members, both within and across occupations; the
2payment of lower wages in occupations dominated by women or by minority group
3members; disparities between men and women in child-rearing responsibilities; and
4disparities in education and training between men and women and between minority
5group members and nonminority group members.
AB365-AA1,5,76 3. The consequences of those wage disparities on the economy and on individual
7families.
AB365-AA1,5,168 (e) Recommendations. The committee shall recommend solutions and policy
9alternatives, including proposed legislation, to eliminate and prevent wage
10disparities between men and women and between minority group members and
11nonminority group members. By the first day of the 15th month beginning after the
12effective date of this paragraph, the committee shall report its findings, conclusions,
13and recommendations to the secretary of workforce development who shall submit
14that report to the appropriate standing committees of the legislature in the manner
15provided under section 13.72 (3) of the statutes and to the governor by the first day
16of the 16th month beginning after publication.
AB365-AA1, s. 4 17Section 4. Initial applicability.
AB365-AA1,5,2118 (1) Employment discrimination damages. The renumbering and amendment
19of section 111.39 (4) (c) of the statutes and the creation of section 111.30 (4) (c) 2., 3.,
20and 4. of the statutes first apply to acts of employment discrimination committed on
21the effective date of this subsection.".
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