2009 - 2010 LEGISLATURE
March 11, 2010 - Introduced by Representatives Van Akkeren, Sinicki, Milroy,
Berceau, Black, Pope-Roberts, Pasch, Young, Pocan, Turner
and Grigsby,
cosponsored by Senators Coggs, Hansen, Lassa, Kreitlow, Wirch and Taylor.
Referred to Committee on Labor.
AB831,1,7 1An Act to amend 111.31 (1), 111.31 (2), 111.31 (3), 111.321 and 111.322 (intro.);
2and to create 111.32 (2r), 111.32 (12j), 111.32 (12p) and 111.365 of the statutes;
3relating to: prohibiting discrimination against an employee who declines to
4attend an employer-sponsored meeting or to participate in any communication
5with the employer or with an agent, representative, or designee of the employer,
6the primary purpose of which is to communicate the opinion of the employer
7about religious or political matters.
Analysis by the Legislative Reference Bureau
Current law prohibits discrimination in employment on the basis of age, race,
creed, color, disability, marital status, sex, national origin, ancestry, sexual
orientation, arrest record, conviction record, military service, or use or nonuse of a
lawful product off the employer's premises during nonworking hours.
This bill prohibits discrimination against an employee who declines to attend
an employer-sponsored meeting or to participate in any communication with the
employer or with an agent, representative, or designee of the employer, the primary
purpose of which is to communicate opinions about religious or political matters.
Under the bill, discrimination on that basis includes discharging or otherwise
discriminating against an employee because the employee declines to attend such a
meeting or to participate in such a communication or threatening to discharge or

otherwise discriminate against an employee as a means of requiring the employee
to attend such a meeting or participate in such a communication.
The bill provides, however, that it is not employment discrimination on that
basis for an employer to refuse to hire or employ an individual, to suspend or
terminate the employment of an individual, or to discriminate against an individual
in promotion, in compensation, or in terms, conditions, or privileges of employment,
because the individual declines to attend such a meeting or to participate in such a
communication if any of the following applies:
1. The employer is a religious association not organized for private profit or an
organization or corporation that is primarily owned or controlled by such a religious
association and the primary purpose of the meeting or communication is to
communicate the employer's religious beliefs, tenets, or practices.
2. The employer is a political organization, including a political party or any
other organization that engages, in substantial part, in political activities, and the
primary purpose of the meeting or communication is to communicate the employer's
political tenets or purposes.
3. The primary purpose of the meeting or communication is to communicate
information about religious matters or political matters that the employer is
required by law to communicate and no information is communicated about those
matters beyond what is legally required.
In addition, the bill does not limit any of the following:
1. The application of the law restricting political solicitation of public officers
and employees while engaged in official duties or while on state property.
2. The right of an employer's executive, managerial, or administrative
personnel to discuss issues relating to the operation of the employer's program,
business, or enterprise, including issues arising under the bill.
3. The right of an employer to offer meetings or other communications about
religious matters or political matters for which attendance or participation is strictly
voluntary.
For purposes of the bill: 1) "religious matters" means religious affiliation or the
decision to join or not to join, or to support or not to support, any bona fide religious
association; 2) "political matters" means political party affiliation, a political
campaign, an attempt to influence legislation, or the decision to join or not to join,
or to support or not to support, any lawful political group, constituent group, or
political or constituent group activity; and 3) "constituent group" includes a civic
association, community group, social club, fraternal society, mutual benefit alliance,
or labor organization.
For further information see the state 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:
AB831, s. 1 1Section 1. 111.31 (1) of the statutes is amended to read:
AB831,3,16
1111.31 (1) The legislature finds that the practice of unfair discrimination in
2employment against properly qualified individuals by reason of their age, race,
3creed, color, disability, marital status, sex, national origin, ancestry, sexual
4orientation, arrest record, conviction record, military service, or use or nonuse of
5lawful products off the employer's premises during nonworking hours , or declining
6to attend a meeting or to participate in any communication about religious matters
7or political matters,
substantially and adversely affects the general welfare of the
8state. Employers, labor organizations, employment agencies, and licensing agencies
9that deny employment opportunities and discriminate in employment against
10properly qualified individuals solely because of their age, race, creed, color, disability,
11marital status, sex, national origin, ancestry, sexual orientation, arrest record,
12conviction record, military service, or use or nonuse of lawful products off the
13employer's premises during nonworking hours, or declining to attend a meeting or
14to participate in any communication about religious matters or political matters,

15deprive those individuals of the earnings that are necessary to maintain a just and
16decent standard of living.
AB831, s. 2 17Section 2. 111.31 (2) of the statutes is amended to read:
AB831,4,518 111.31 (2) It is the intent of the legislature to protect by law the rights of all
19individuals to obtain gainful employment and to enjoy privileges free from
20employment discrimination because of age, race, creed, color, disability, marital
21status, sex, national origin, ancestry, sexual orientation, arrest record, conviction
22record, military service, or use or nonuse of lawful products off the employer's
23premises during nonworking hours, or declining to attend a meeting or to participate
24in any communication about religious matters or political matters,
and to encourage
25the full, nondiscriminatory utilization of the productive resources of the state to the

1benefit of the state, the family, and all the people of the state. It is the intent of the
2legislature in promulgating this subchapter to encourage employers to evaluate an
3employee or applicant for employment based upon the employee's or applicant's
4individual qualifications of the employee or applicant rather than upon a particular
5class to which the individual may belong.
AB831, s. 3 6Section 3. 111.31 (3) of the statutes is amended to read:
AB831,4,167 111.31 (3) In the interpretation and application of this subchapter, and
8otherwise, it is declared to be the public policy of the state to encourage and foster
9to the fullest extent practicable the employment of all properly qualified individuals
10regardless of age, race, creed, color, disability, marital status, sex, national origin,
11ancestry, sexual orientation, arrest record, conviction record, military service, or use
12or nonuse of lawful products off the employer's premises during nonworking hours,
13or declining to attend a meeting or to participate in any communication about
14religious matters or political matters
. Nothing in this subsection requires an
15affirmative action program to correct an imbalance in the work force. This
16subchapter shall be liberally construed for the accomplishment of this purpose.
AB831, s. 4 17Section 4. 111.32 (2r) of the statutes is created to read:
AB831,4,1918 111.32 (2r) "Constituent group" includes a civic association, community group,
19social club, fraternal society, mutual benefit alliance, or labor organization.
AB831, s. 5 20Section 5. 111.32 (12j) of the statutes is created to read:
AB831,4,2421 111.32 (12j) "Political matters" means political party affiliation, a political
22campaign, an attempt to influence legislation, or the decision to join or not to join,
23or to support or not to support, any lawful political group, constituent group, or
24political or constituent group activity.
AB831, s. 6 25Section 6. 111.32 (12p) of the statutes is created to read:
AB831,5,2
1111.32 (12p) "Religious matters" means religious affiliation or the decision to
2join or not to join, or to support or not to support, any bona fide religious association.
AB831, s. 7 3Section 7. 111.321 of the statutes is amended to read:
AB831,5,11 4111.321 Prohibited bases of discrimination. Subject to ss. 111.33 to 111.36
5111.365, no employer, labor organization, employment agency, licensing agency, or
6other person may engage in any act of employment discrimination as specified in s.
7111.322 against any individual on the basis of age, race, creed, color, disability,
8marital status, sex, national origin, ancestry, arrest record, conviction record,
9military service, or use or nonuse of lawful products off the employer's premises
10during nonworking hours, or declining to attend a meeting or to participate in any
11communication about religious matters or political matters
.
AB831, s. 8 12Section 8. 111.322 (intro.) of the statutes is amended to read:
AB831,5,14 13111.322Discriminatory actions prohibited. (intro.) Subject to ss. 111.33
14to 111.36 111.365, it is an act of employment discrimination to do any of the following:
AB831, s. 9 15Section 9. 111.365 of the statutes is created to read:
AB831,5,19 16111.365 Communication of opinions; exceptions and special cases. (1)
17Employment discrimination because of declining to attend a meeting or to
18participate in any communication about religious matters or political matters
19includes all of the following:
AB831,5,2420 (a) Discharging or otherwise discriminating against an employee because the
21employee declines to attend an employer-sponsored meeting or to participate in any
22communication with the employer or with an agent, representative, or designee of
23the employer, the primary purpose purpose of which is to communicate the opinion
24of the employer about religious matters or political matters.
AB831,6,3
1(b) Threatening to discharge or otherwise discriminate against an employee as
2a means of requiring the employee to attend a meeting or participate in a
3communication described in par. (a).
AB831,6,11 4(2) Notwithstanding s. 111.322, it is not employment discrimination because
5of declining to attend a meeting or to participate in any communication about
6religious matters or political matters for an employer to refuse to hire or employ an
7individual, to suspend or terminate the employment of an individual, or to
8discriminate against an individual in promotion, in compensation, or in terms,
9conditions, or privileges of employment, because the individual declines to attend a
10meeting or to participate in a communication described in sub. (1) (a) if any of the
11following applies:
AB831,6,1512 (a) The employer is a religious association not organized for private profit or
13an organization or corporation that is primarily owned or controlled by such a
14religious association and the primary purpose of the meeting or communication is to
15communicate the employer's religious beliefs, tenets, or practices.
AB831,6,1916 (b) The employer is a political organization, including a political party or any
17other organization that engages, in substantial part, in political activities, and the
18primary purpose of the meeting or communication is to communicate the employer's
19political tenets or purposes.
AB831,6,2320 (c) The primary purpose of the meeting or communication is to communicate
21information about religious matters or political matters that the employer is
22required by law to communicate and no information is communicated about those
23matters beyond what is legally required.
AB831,6,24 24(3) This section and s. 111.322 do not limit any of the following:
AB831,6,2525 (a) The application of s. 11.36.
AB831,7,3
1(b) The right of an employer's executive, managerial, or administrative
2personnel to discuss issues relating to the operation of the employer's program,
3business, or enterprise, including issues arising under this section.
AB831,7,64 (c) The right of an employer to offer meetings or other communications about
5religious matters or political matters for which attendance or participation is strictly
6voluntary.
AB831, s. 10 7Section 10. Initial applicability.
AB831,7,118 (1) This act first applies to an employee who is affected by a collective
9bargaining agreement that contains provisions inconsistent with this act on the day
10on which the collective bargaining agreement expires or is extended, modified, or
11renewed, whichever occurs first.
AB831,7,1212 (End)
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