LRB-2003/1
GMM:pgt&ksh:ijs
1999 - 2000 LEGISLATURE
March 12, 1999 - Introduced by Representatives Bock, Sinicki, Richards, Miller,
Pocan, Black, F. Lasee, La Fave, Wasserman, Sykora, Colon, Berceau, Boyle,
Carpenter, Cullen
and Young, cosponsored by Senators Burke, Erpenbach
and Darling. Referred to Committee on Labor and Employment.
AB199,1,3 1An Act to create 103.12, 106.06 (6) and 230.45 (1) (L) of the statutes; relating
2to:
requiring an employer to reasonably accommodate an employe who is
3pregnant or who is breast-feeding her child.
Analysis by the Legislative Reference Bureau
Current law prohibits certain bases of employment discrimination including
discrimination based on an employe's sex or handicap. Under current law,
discrimination based on sex includes discriminating against any woman on the basis
of pregnancy, childbirth or related medical conditions, and discrimination based on
handicap includes refusing to reasonably accommodate an employe's handicap
unless the employer can demonstrate that the accommodation would pose a hardship
on the employer's program, enterprise or business. Currently, the department of
workforce development (DWD) may order an employer that has discriminated
against an employe to take such action as will effectuate the purpose of the fair
employment law, including the payment of back pay, reinstatement of the employe
or the payment of compensation in lieu of reinstatement.
This bill permits an employe who is pregnant or breast-feeding her child to
request her employer to reasonably accommodate her condition, if the employe
believes that the duties or environment of her employment pose a substantial hazard
to the present or future health of the employe or of her child or unborn child. The
bill requires an employer that receives such a request to reasonably accommodate
the employe's condition unless the employer can demonstrate that the
accommodation would pose an undue hardship on the employer's program,

enterprise or business. Under the bill, an employer may not discharge or otherwise
discriminate against an employe who requests a reasonable accommodation under
the bill, files a complaint or attempts to enforce any right granted under the bill or
testifies or assists in any action or proceeding to enforce any right under the bill.
Finally, under the bill, an employe whose request for a reasonable accommodation
is denied in violation of the bill, or who is discharged or discriminated against in
violation of the bill, may file a complaint with DWD and DWD must process the
complaint in the same manner as employment discrimination complaints are
processed under current law, which processing may include the ordering of back pay,
reinstatement or compensation in lieu of reinstatement.
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:
AB199, s. 1 1Section 1. 103.12 of the statutes is created to read:
AB199,2,6 2103.12 Reasonable accommodation of pregnant or breast-feeding
3employes.
(1) If an employe who is pregnant or breast-feeding her child believes
4that the duties or environment of her employment pose a substantial hazard to the
5present or future health of the employe or of her child or unborn child, the employe
6may request her employer to reasonably accommodate her condition.
AB199,2,10 7(2) An employer that receives a request under sub. (1) shall reasonably
8accommodate the employe's condition unless the employer can demonstrate that the
9accommodation would pose an undue hardship on the employer's program,
10enterprise or business.
AB199,2,14 11(3) No employer may discharge or otherwise discriminate against any person
12for requesting a reasonable accommodation under sub. (1), filing a complaint or
13attempting to enforce any right under this section or testifying or assisting in any
14action or proceeding to enforce any right under this section.
AB199,3,5
1(4) (a) Subject to par. (b), any employe whose request for a reasonable
2accommodation under sub. (1) is denied in violation of sub. (2) or who is discharged
3or otherwise discriminated against in violation of sub. (3) may file a complaint with
4the department and the department shall process the complaint in the same manner
5as employment discrimination complaints are processed under s. 111.39.
AB199,3,116 (b) Any employe of a state agency, as defined in s. 111.32 (6) (a), whose request
7for a reasonable accommodation under sub. (1) is denied in violation of sub. (2) or who
8is discharged or otherwise discriminated against in violation of sub. (3) may file a
9complaint with the personnel commission and the personnel commission shall
10process the complaint in the same manner as employment discrimination complaints
11are processed under s. 111.39.
AB199, s. 2 12Section 2. 106.06 (6) of the statutes is created to read:
AB199,3,1513 106.06 (6) The division shall receive complaints under s. 103.12 (4) (a) and shall
14process the complaints in the same manner as employment discrimination
15complaints are processed under s. 111.39.
AB199, s. 3 16Section 3. 230.45 (1) (L) of the statutes is created to read:
AB199,3,1917 230.45 (1) (L) Receive complaints under s. 103.12 (4) (b) and, except as provided
18in sub. (1m), process the complaints in the same manner as employment
19discrimination complaints are processed under s. 111.39.
AB199, s. 4 20Section 4. Initial applicability.
AB199,3,2421 (1) This act first applies to employes who are affected by a collective bargaining
22agreement that contains provisions inconsistent with section 103.12 of the statutes,
23as created by this act, on the day on which the collective bargaining agreement
24expires or is extended, modified or renewed, whichever occurs first.
AB199,3,2525 (End)
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