AB529: Bill Text

LRB-2794/1

GMM:sac:rs

2013 - 2014 LEGISLATURE

2013 Assembly BILL 529

November 25, 2013 - Introduced by Representatives Riemer, Genrich, Barnes, Berceau, Billings, Clark, Goyke, Hesselbein, Hulsey, Johnson, Jorgensen, Kahl, Kessler, Mason, Ohnstad, Pasch, Pope, Ringhand, Sargent, Sinicki, C. Taylor, Vruwink, Wright, Young, Zamarripa and Zepnick, cosponsored by Senators Harris, C. Larson, Lehman and Risser. Referred to Committee on Labor.

AB529,1,3 An Act to amend 111.31 (1), 111.31 (2), 111.31 (3), 111.321 and 111.345; and to create 111.32 (7g) of the statutes; relating to: employment discrimination on the basis of family status.

Analysis by the Legislative Reference Bureau

Current law prohibits discrimination in employment on various bases, including the basis of marital status, which is defined as the status of being married, single, divorced, separated, or widowed. Current law provides, however, that it is not employment discrimination because of marital status to prohibit an individual from directly supervising or being directly supervised by his or her spouse.

This bill prohibits employment discrimination on the basis of family status, which is defined in the bill as: 1) having responsibility for the full-time or part-time care of a child, spouse, domestic partner, parent, or other relative; or 2) being married to or in a domestic partnership with a particular person or being a relative of a particular person. The bill provides, however, that it is not employment discrimination because of family status to prohibit an individual from directly supervising or being directly supervised by a relative or domestic partner.

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:

AB529,1 Section 1. 111.31 (1) of the statutes is amended to read:

AB529,2,17 111.31 (1) The legislature finds that the practice of unfair discrimination in employment against properly qualified individuals by reason of their age, race, creed, color, disability, marital status, family status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, military service, use or nonuse of lawful products off the employer's premises during nonworking hours, or declining to attend a meeting or to participate in any communication about religious matters or political matters, substantially and adversely affects the general welfare of the state. Employers, labor organizations, employment agencies, and licensing agencies that deny employment opportunities and discriminate in employment against properly qualified individuals solely because of their age, race, creed, color, disability, marital status, family status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, military service, use or nonuse of lawful products off the employer's premises during nonworking hours, or declining to attend a meeting or to participate in any communication about religious matters or political matters, deprive those individuals of the earnings that are necessary to maintain a just and decent standard of living.

AB529,2 Section 2. 111.31 (2) of the statutes is amended to read:

AB529,3,6 111.31 (2) It is the intent of the legislature to protect by law the rights of all individuals to obtain gainful employment and to enjoy privileges free from employment discrimination because of age, race, creed, color, disability, marital status, family status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, military service, use or nonuse of lawful products off the employer's premises during nonworking hours, or declining to attend a meeting or to participate in any communication about religious matters or political matters, and to encourage the full, nondiscriminatory utilization of the productive resources of the state to the benefit of the state, the family, and all the people of the state. It is the intent of the legislature in promulgating this subchapter to encourage employers to evaluate an employee or applicant for employment based upon the individual qualifications of the employee or applicant rather than upon a particular class to which the individual may belong.

AB529,3 Section 3. 111.31 (3) of the statutes is amended to read:

AB529,3,18 111.31 (3) In the interpretation and application of this subchapter, and otherwise, it is declared to be the public policy of the state to encourage and foster to the fullest extent practicable the employment of all properly qualified individuals regardless of age, race, creed, color, disability, marital status, family status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, military service, use or nonuse of lawful products off the employer's premises during nonworking hours, or declining to attend a meeting or to participate in any communication about religious matters or political matters. Nothing in this subsection requires an affirmative action program to correct an imbalance in the work force. This subchapter shall be liberally construed for the accomplishment of this purpose.

AB529,4 Section 4. 111.32 (7g) of the statutes is created to read:

AB529,3,20 111.32 (7g) "Family status" means any of the following:

AB529,3,24 1. Having responsibility for the full-time or part-time care of a child, as defined in s. 103.10 (1) (a), spouse, as defined in s. 103.10 (1) (h), domestic partner, as defined in s. 103.10 (1) (ar), parent, as defined in s. 103.10 (1) (f), or other relative, as defined in s. 106.50 (1m) (q).

AB529,4,3 2. Being married to or in a domestic partnership, as defined in s. 40.02 (21d) or 770.01 (2), with a particular person or being a relative, as defined in s. 106.50 (1m) (q), of a particular person.

AB529,5 Section 5. 111.321 of the statutes is amended to read:

AB529,4,12 111.321 Prohibited bases of discrimination. Subject to ss. 111.33 to 111.365, no employer, labor organization, employment agency, licensing agency, or other person may engage in any act of employment discrimination as specified in s. 111.322 against any individual on the basis of age, race, creed, color, disability, marital status, family status, sex, national origin, ancestry, arrest record, conviction record, military service, use or nonuse of lawful products off the employer's premises during nonworking hours, or declining to attend a meeting or to participate in any communication about religious matters or political matters.

AB529,6 Section 6. 111.345 of the statutes is amended to read:

AB529,4,18 111.345 Marital or family status; exceptions and special cases. Notwithstanding s. 111.322, it is not employment discrimination because of marital status or family status to prohibit an individual from directly supervising or being directly supervised by his or her spouse or domestic partner, as defined in s. 103.10 (1) (ar), or by a relative, as defined in s. 106.50 (1m) (q).

AB529,7 Section 7. Initial applicability.

AB529,4,24 (1) Collective bargaining agreements. This act first applies to an employee or applicant for employment who is affected by a collective bargaining agreement that contains provisions that are inconsistent with this act on the day on which the collective bargaining agreement expires or is extended, modified, or renewed, whichever occurs first.

AB529,4,25 (End)