Amendment AA1-AB365

ASSEMBLY AMENDMENT 1, TO 2001 ASSEMBLY BILL 365

October 30, 2001 - Offered by Representative Black.

AB365-AA1,1,1 At the locations indicated, amend the bill as follows:

AB365-AA1,1,2 1. Page 1, line 4: before that line insert:

AB365-AA1,1,3 " Section 1c. 20.445 (1) (gr) of the statutes is created to read:

AB365-AA1,1,6 20.445 (1) (gr) Employment discrimination assessments. All moneys received from assessments collected under s. 111.39 (4) (c) 2., for the administration of subch. II of ch. 111.

AB365-AA1, s. 2g Section 2g. 111.39 (4) (c) of the statutes is renumbered 111.39 (4) (c) 1. and amended to read:

AB365-AA1,2,17 111.39 (4) (c) 1. If, after hearing, the examiner finds that the respondent has engaged in discrimination, unfair honesty testing, or unfair genetic testing, the examiner shall make written findings and order such action by the respondent as will effectuate the purpose of this subchapter, with or without back pay. If the examiner awards any payment to an employee because of a violation of s. 111.321 by an individual employed by the employer, under s. 111.32 (6), the employer of that individual is liable for the payment. If the examiner finds a respondent violated s. 111.322 (2m), the examiner shall award compensation in lieu of reinstatement if requested by all parties and may award compensation in lieu of reinstatement if requested by any party. Compensation in lieu of reinstatement for a violation of s. 111.322 (2m) may not be less than 500 times nor more than 1,000 times the hourly wage of the person discriminated against when the violation occurred. Back pay liability may not accrue from a date more than 2 years prior to the filing of a complaint with the department. Interim earnings or amounts earnable with reasonable diligence by the person discriminated against or subjected to unfair honesty testing or unfair genetic testing shall operate to reduce back pay otherwise allowable. Amounts received by the person discriminated against or subject to the unfair honesty testing or unfair genetic testing as unemployment benefits or welfare payments shall not reduce the back pay otherwise allowable, but shall be withheld from the person discriminated against or subject to unfair honesty testing or unfair genetic testing and immediately paid to the unemployment reserve fund or, in the case of a welfare payment, to the welfare agency making the payment.

AB365-AA1, s. 2L Section 2L. 111.39 (4) (c) 2. of the statutes is created to read:

AB365-AA1,3,2 111.39 (4) (c) 2. If the examiner finds that a respondent has discriminated against a person in promotion, compensation, or in terms, conditions, or privileges of employment on the basis of sex, race, color, national origin, or ancestry, the examiner, in addition to any action ordered under subd. 1., shall order the respondent to pay to the person compensatory and punitive damages in an amount that the examiner finds appropriate and to pay to the department an assessment equal to 10% of the amount of compensatory and punitive damages ordered. All assessments collected under this subdivision shall be deposited in the general fund and credited to the appropriation account under s. 20.445 (1) (gr).

AB365-AA1, s. 2p Section 2p. 111.39 (4) (c) 3. of the statutes is created to read:

AB365-AA1,3,6 111.39 (4) (c) 3. If the examiner orders any payment under subd. 1. or 2. because of a violation of s. 111.321 by an individual employed by an employer, the employer of that individual is liable for the payment.

AB365-AA1, s. 2t Section 2t. 111.39 (4) (c) 4. of the statutes is created to read:

AB365-AA1,3,13 111.39 (4) (c) 4. If the examiner finds a respondent violated s. 111.322 (2m), the examiner shall award compensation in lieu of reinstatement if requested by all parties and may award compensation in lieu of reinstatement if requested by any party. Compensation in lieu of reinstatement for a violation of s. 111.322 (2m) may not be less than 500 times nor more than 1,000 times the hourly wage of the person discriminated against when the violation occurred.".

AB365-AA1,3,14 2. Page 1, line 4: delete "1" and substitute "2x".

AB365-AA1,3,15 3. Page 2, line 1: after that line insert:

AB365-AA1,3,16 " Section 3. Nonstatutory provisions.

AB365-AA1,3,17 (1) Wage disparity study.

AB365-AA1,3,19 (a) Definition. In this subsection, "minority group member" has the meaning given in section 560.036 (1) (f) of the statutes.

AB365-AA1,3,24 (b) Committee. By the first day of the 3rd month beginning after the effective date of this paragraph, the secretary of workforce development shall create and appoint a committee consisting of the members specified in paragraph (c) to study the issues specified in paragraph (d) and report its findings, conclusions, and recommendations as provided in paragraph (e).

AB365-AA1,4,1 (c) Membership. The committee shall consist of the following members:

AB365-AA1,4,4 1. Two members who are representatives of business and industry, who shall be appointed from a list of candidates submitted by an association that represents the interests of businesses and industries in this state.

AB365-AA1,4,9 2. Two members who are representatives of organized labor, who shall be appointed from a list of candidates submitted by a labor organization that is chartered by a federation of national or international labor organizations, admits to membership local labor organizations, and exists primarily to carry on educational, legislative, and coordinating activities.

AB365-AA1,4,14 3. Two members who are representatives of organizations whose objectives include the elimination of wage disparities between men and women and between minority group members and nonminority group members and who have undertaken advocacy, educational, or legislative initiatives in pursuit of that objective.

AB365-AA1,4,19 4. Three members who are employees of an institution of higher education or a research institution and who have experience and expertise in the collection and analysis of data concerning wage disparities between men and women and between minority group members and nonminority group members and whose research has been used in efforts to eliminate those disparities.

AB365-AA1,4,20 (d) Study. The committee shall study all of the following:

AB365-AA1,4,23 1. The extent to which wage disparities exist, in both the public and private sectors, between men and women and between minority group members and nonminority group members.

AB365-AA1,5,5 2. The factors that cause, or that tend to cause, those wage disparities, including segregation between men and women and between minority group members and nonminority group members, both within and across occupations; the payment of lower wages in occupations dominated by women or by minority group members; disparities between men and women in child-rearing responsibilities; and disparities in education and training between men and women and between minority group members and nonminority group members.

AB365-AA1,5,7 3. The consequences of those wage disparities on the economy and on individual families.

AB365-AA1,5,16 (e) Recommendations. The committee shall recommend solutions and policy alternatives, including proposed legislation, to eliminate and prevent wage disparities between men and women and between minority group members and nonminority group members. By the first day of the 15th month beginning after the effective date of this paragraph, the committee shall report its findings, conclusions, and recommendations to the secretary of workforce development who shall submit that report to the appropriate standing committees of the legislature in the manner provided under section 13.72 (3) of the statutes and to the governor by the first day of the 16th month beginning after publication.

AB365-AA1, s. 4 Section 4. Initial applicability.

AB365-AA1,5,21 (1) Employment discrimination damages. The renumbering and amendment of section 111.39 (4) (c) of the statutes and the creation of section 111.30 (4) (c) 2., 3., and 4. of the statutes first apply to acts of employment discrimination committed on the effective date of this subsection.".

AB365-AA1,5,22 (End)