SB362: Bill Text

SB362,43 Section 43. 111.31 (3) of the statutes is amended to read:

SB362,19,5 111.31 (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,; sex,; national origin,; ancestry, ; sexual orientation,; gender identity or gender expression; 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.

SB362,44 Section 44. 111.32 (7j) of the statutes is created to read:

SB362,19,10 111.32 (7j) “Gender identity or gender expression” means any of the following with respect to an individual, whether actual or perceived, and regardless of the individual's assigned sex at birth or gender identifiers on official documents issued by a federal, state, or local government agency:

SB362,19,11 (a) Gender-related identity.

SB362,19,12 (b) Gender-related appearance.

SB362,19,13 (c) Gender-related expression.

SB362,19,14 (d) Gender-related behavior.

SB362,45 Section 45 . 111.321 of the statutes is amended to read:

SB362,19,24 111.321 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,; sex,; national origin,; ancestry,; sexual orientation; gender identity or gender expression; 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.

SB362,46 Section 46. 111.36 (title) of the statutes is amended to read:

SB362,20,2 111.36 (title) Sex, sexual orientation, gender identity or gender expression; exceptions and special cases.

SB362,47 Section 47. 111.36 (1) (br) of the statutes is amended to read:

SB362,20,14 111.36 (1) (br) Engaging in harassment that consists of unwelcome verbal or physical conduct directed at another individual because of that individual's gender, or gender identity or gender expression, other than the conduct described in par. (b), and that has the purpose or effect of creating an intimidating, hostile or offensive work environment or has the purpose or effect of substantially interfering with that individual's work performance. Under this paragraph, substantial interference with an employee's work performance or creation of an intimidating, hostile or offensive work environment is established when the conduct is such that a reasonable person under the same circumstances as the employee would consider the conduct sufficiently severe or pervasive to interfere substantially with the person's work performance or to create an intimidating, hostile or offensive work environment.

SB362,48 Section 48. 111.36 (1) (c) of the statutes is amended to read:

SB362,20,19 111.36 (1) (c) Discriminating against any woman individual on the basis of pregnancy, childbirth, maternity parental leave, or related medical conditions by engaging in any of the actions prohibited under s. 111.322, including, but not limited to, actions concerning fringe benefit programs covering illnesses and disability.

SB362,49 Section 49. 111.36 (1) (d) 1. of the statutes is amended to read:

SB362,21,2 111.36 (1) (d) 1. For any employer, labor organization, licensing agency or employment agency or other person to refuse Refusing to hire, employ, admit, or license, or to bar or terminate any individual; barring or terminating from employment, membership, or licensure any individual ,; or to discriminate discriminating against an any individual in promotion, in compensation , or in the terms, conditions, or privileges of employment because of the individual's sexual orientation; or or gender identity or gender expression.

SB362,50 Section 50. 111.36 (1) (d) 2. of the statutes is amended to read:

SB362,21,9 111.36 (1) (d) 2. For any employer, labor organization, licensing agency or employment agency or other person to discharge Discharging or otherwise discriminate discriminating against any person because he or she the person has opposed any discriminatory practices under this paragraph or because he or she the person has made a complaint, testified, or assisted in any proceeding under this paragraph.

SB362,51 Section 51. 111.36 (2) of the statutes is amended to read:

SB362,21,17 111.36 (2) For the purposes of this subchapter, sex is a bona fide occupational qualification if all of the members of one sex are physically incapable of performing the essential duties required by a job, or if the essence of the employer's business operation would be undermined if employees were not hired exclusively from one sex, provided that an individual may not, for the purposes of this subsection, be treated or regarded inconsistent with the individual's gender identity, or discriminated against based on the individual's gender identity or gender expression.

SB362,52 Section 52. 111.70 (2) of the statutes is amended to read:

SB362,22,22 111.70 (2) Rights of municipal employees. Municipal employees have the right of self-organization, and the right to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection. Municipal employees have the right to refrain from any and all such activities. A general municipal employee has the right to refrain from paying dues while remaining a member of a collective bargaining unit. A public safety employee or a transit employee, however, may be required to pay dues in the manner provided in a fair-share agreement; a fair-share agreement covering a public safety employee or a transit employee must contain a provision requiring the municipal employer to deduct the amount of dues as certified by the labor organization from the earnings of the employee affected by the fair-share agreement and to pay the amount deducted to the labor organization. A fair-share agreement covering a public safety employee or transit employee is subject to the right of the municipal employer or a labor organization to petition the commission to conduct a referendum. Such petition must be supported by proof that at least 30 percent of the employees in the collective bargaining unit desire that the fair-share agreement be terminated. Upon so finding, the commission shall conduct a referendum. If the continuation of the agreement is not supported by at least the majority of the eligible employees, it shall terminate. The commission shall declare any fair-share agreement suspended upon such conditions and for such time as the commission decides whenever it finds that the labor organization involved has refused on the basis of race, color, sexual orientation, as defined in s. 111.32 (13m), gender identity or gender expression, as defined in s. 111.32 (7j), creed, or sex to receive as a member any public safety employee or transit employee of the municipal employer in the bargaining unit involved, and such agreement is subject to this duty of the commission. Any of the parties to such agreement or any public safety employee or transit employee covered by the agreement may come before the commission, as provided in s. 111.07, and ask the performance of this duty.

SB362,53 Section 53. 111.81 (12) (b) of the statutes is amended to read:

SB362,23,2 111.81 (12) (b) Which discriminates with regard to the terms or conditions of membership because of race, color, creed, sex, age, sexual orientation , as defined in s. 111.32 (13m), gender identity or gender expression, as defined in s. 111.32 (7j), or national origin.

SB362,54 Section 54. 111.85 (2) (b) of the statutes is amended to read:

SB362,23,13 111.85 (2) (b) The commission shall declare any fair-share or maintenance of membership agreement suspended upon such conditions and for such time as the commission decides whenever it finds that the labor organization involved has refused on the basis of race, color, sex, sexual orientation, as defined in s. 111.32 (13m), gender identity or gender expression, as defined in s. 111.32 (7j), or creed to receive as a member any public safety employee in the collective bargaining unit involved, and the agreement shall be made subject to the findings and orders of the commission. Any of the parties to the agreement, or any public safety employee covered thereby, may come before the commission, as provided in s. 111.07, and petition the commission to make such a finding.

SB362,55 Section 55. 118.019 (2d) of the statutes is amended to read:

SB362,23,23 118.019 (2d) Nondiscrimination. An instructional program under this section shall use instructional methods and materials that, consistent with s. 118.13 (1), do not discriminate against a pupil based upon the pupil's race, gender, gender identity or gender expression, as defined in s. 111.32 (7j), religion, sexual orientation, as defined in s. 111.32 (13m), or ethnic or cultural background or against sexually active pupils or children with disabilities. Nothing in this subsection shall be construed to prohibit a school board from approving an instructional program under this section that includes instruction on abstinence from sexual activity or that is abstinence-centered.

SB362,56 Section 56. 118.13 (1) of the statutes is amended to read:

SB362,24,8 118.13 (1) Except as provided in s. 120.13 (37m), no person may be denied admission to any public school or be denied participation in, be denied the benefits of, or be discriminated against in any curricular, extracurricular, pupil services, recreational, or other program or activity because of the person's sex,; race,; religion,; national origin,; ancestry,; creed,; pregnancy,; marital or parental status,; sexual orientation or, as defined in s. 111.32 (13m); gender identity or gender expression, as defined in s. 111.32 (7j); or physical, mental, emotional, or learning disability of the person or of the person's parent.

SB362,57 Section 57. 118.20 (1) of the statutes is amended to read:

SB362,24,21 118.20 (1) No discrimination because of sex, except where sex is a bona fide occupational qualification as defined in s. 111.36 (2), ; race, nationality; national origin; sexual orientation, as defined in s. 111.32 (13m); gender identity or gender expression, as defined in s. 111.32 (7j); or political or religious affiliation may be practiced in the employment of teachers or administrative personnel in public schools or in their assignment or reassignment. No questions of any nature or form relative to sex, except where sex is a bona fide occupational qualification, as defined described in s. 111.36 (2), : race, nationality; national origin; sexual orientation, as defined in s. 111.32 (13m); gender identity or gender expression, as defined in s. 111.32 (7j); or political or religious affiliation may be asked applicants for teaching or administrative positions in the public schools either by public school officials or employees or by teachers agencies or placement bureaus.

SB362,58 Section 58. 118.40 (4) (b) 2. of the statutes is amended to read:

SB362,25,3 118.40 (4) (b) 2. Except as provided in sub. (3) (h), discriminate in admission or deny participation in any program or activity on the basis of a person's the sex,; race,; religion, ; national origin,; ancestry ,; pregnancy,; marital or parental status,; sexual orientation, as defined in s. 111.32 (13m); gender identity or gender expression, as defined in s. 111.32 (7j); or physical, mental, emotional, or learning disability of the person or of the person's parent.

SB362,59 Section 59. 194.025 of the statutes is amended to read:

SB362,25,8 194.025 Discrimination prohibited. No motor carrier may engage in any practice, act, or omission which that results in discrimination on the basis of race, creed, sex, sexual orientation, as defined in s. 111.32 (13m), gender identity or gender expression, as defined in s. 111.32 (7j), or national origin.

SB362,60 Section 60. 224.77 (1) (o) of the statutes is amended to read:

SB362,25,17 224.77 (1) (o) In the course of practice as a mortgage banker, mortgage loan originator, or mortgage broker, except in relation to housing designed to meet the needs of elderly individuals, treat a person unequally solely because of sex, race, color, handicap, sexual orientation, as defined in s. 111.32 (13m), gender identity or gender expression, as defined in s. 111.32 (7j), religion, national origin, age, or ancestry, the person's lawful source of income, or the sex, marital status, or status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), of the person maintaining a household.

SB362,61 Section 61. 227.10 (3) (a) of the statutes is amended to read:

SB362,25,22 227.10 (3) (a) No rule, either by its terms or in its application, may discriminate for or against any person by reason of sex, sexual orientation, as defined in s. 111.32 (13m), gender identity or gender expression, as defined in s. 111.32 (7j), race, creed, color, sexual orientation, national origin, or ancestry.

SB362,62 Section 62. 230.01 (2) (b) of the statutes is amended to read:

SB362,26,5 230.01 (2) (b) It is the policy of this state to provide for equal employment opportunity by ensuring that all personnel actions including hire, tenure or term, and condition or privilege of employment be based on the ability to perform the duties and responsibilities assigned to the particular position without regard to age, race, creed or religion, color, disability, sex, national origin, ancestry, sexual orientation, as defined in s. 111.32 (13m), gender identity or gender expression, as defined in s. 111.32 (7j), or political affiliation.

SB362,63 Section 63. 230.18 of the statutes is amended to read:

SB362,26,19 230.18 Discrimination prohibited. No question in any form of application or in any evaluation used in the hiring process may be so framed as to elicit information concerning the partisan political or religious opinions or affiliations of any applicant nor may any inquiry be made concerning such those opinions or affiliations and all disclosures thereof of those opinions or affiliations shall be discountenanced except that the director may evaluate the competence and impartiality of applicants for positions such as clinical chaplain in a state institutional program. No discriminations may be exercised in the recruitment, application, or hiring process against or in favor of any person because of the person's political or religious opinions or affiliations or because of age, sex, disability, race, color, sexual orientation, as defined in s. 111.32 (13m), gender identity or gender expression, as defined in s. 111.32 (7j), national origin, or ancestry, except as otherwise provided.

SB362,64 Section 64. 234.29 of the statutes is amended to read:

SB362,27,5 234.29 Equality of occupancy and employment. The authority shall require that occupancy of housing projects assisted under this chapter be open to all regardless of sex,; race,; religion,; creed; sexual orientation, as defined in s. 111.32 (13m); gender identity or gender expression, as defined in s. 111.32 (7j); or status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or creed, and that contractors and subcontractors engaged in the construction of economic development or housing projects, shall provide an equal opportunity for employment, without discrimination as to sex, race, religion, sexual orientation, as defined in s. 111.32 (13m), gender identity or gender expression, as defined in s. 111.32 (7j), or creed.

SB362,65 Section 65. 321.37 of the statutes is amended to read:

SB362,27,17 321.37 No discrimination. No person, otherwise qualified, may be denied membership in the national guard or state defense force because of sex, color, race, creed, or sexual orientation, as defined in s. 111.32 (13m), or gender identity or gender expression, as defined in s. 111.32 (7j), and no member of the national guard or state defense force may be segregated within the national guard or state defense force on the basis of sex, color, race, creed, or sexual orientation, as defined in s. 111.32 (13m), or gender identity or gender expression, as defined in s. 111.32 (7j). Nothing in this section prohibits separate facilities for persons of different sexes with regard to dormitory accommodations, toilets, showers, saunas, and dressing rooms, except that no person may be denied equal access to facilities most consistent with the person's gender identity.

SB362,66 Section 66. 440.45 (1) of the statutes is amended to read:

SB362,27,24 440.45 (1) Each licensed company shall adopt a policy of nondiscrimination on the basis of trip origin or destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, as defined in s. 111.32 (13m), or gender identity or gender expression, as defined in s. 111.32 (7j), with respect to passengers and prospective passengers and notify all of its participating drivers of the nondiscrimination policy.

SB362,67 Section 67. 440.45 (2) of the statutes is amended to read:

SB362,28,4 440.45 (2) A participating driver may not discriminate against any passenger or prospective passenger on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, as defined in s. 111.32 (13m), or gender identity or gender expression, as defined in s. 111.32 (7j).

SB362,68 Section 68. 452.14 (3) (n) of the statutes is amended to read:

SB362,28,10 452.14 (3) (n) Treated any person unequally solely because of sex,; race,; color,; handicap, disability; national origin,; ancestry, ; marital status,; lawful source of income,; sexual orientation, as defined in s. 111.32 (13m); gender identity or gender expression, as defined in s. 111.32 (7j); or status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u).

SB362,69 Section 69. 625.12 (2) of the statutes is amended to read:

SB362,28,22 625.12 (2) Classification. Except as provided in s. 632.729, risks may be classified in any reasonable way for the establishment of rates and minimum premiums, except that no classifications may be based on race, color, creed or, national origin, sexual orientation, as defined in s. 111.32 (13m), or gender identity or gender expression, as defined in s. 111.32 (7j), and classifications in automobile insurance may not be based on physical condition or developmental disability as defined in s. 51.01 (5). Subject to ss. 632.365 and 632.729, rates thus produced may be modified for individual risks in accordance with rating plans or schedules that establish reasonable standards for measuring probable variations in hazards, expenses, or both. Rates may also be modified for individual risks under s. 625.13 (2).

SB362,70 Section 70 . 628.34 (3) (c) of the statutes is created to read:

SB362,29,4 628.34 (3) (c) No insurer may refuse to insure or refuse to continue to insure, or limit the amount, extent, or kind of coverage available to an individual, or charge an individual a different rate for the same coverage because of a person's age, sex, residence, race, color, creed, religion, national origin, ancestry, marital status, occupation, gender identity or gender expression, as defined in s. 111.32 (7j), or sexual orientation, as defined in s. 111.32 (13m).

SB362,71 Section 71. 632.35 of the statutes is amended to read:

SB362,29,11 632.35 Prohibited rejection, cancellation, and nonrenewal. No insurer may cancel or refuse to issue or renew an automobile insurance policy wholly or partially because of one or more of the following characteristics of any person: a person's age, sex, residence, race, color, creed, religion, national origin, ancestry, marital status or, occupation , gender identity or gender expression, as defined in s. 111.32 (7j), or sexual orientation, as defined in s. 111.32 (13m).

SB362,72 Section 72. 756.001 (3) of the statutes is amended to read:

SB362,29,18 756.001 (3) No person who is qualified and able to serve as a juror may be excluded from that service in any court of this state on the basis of sex, race, color, sexual orientation, as defined in s. 111.32 (13m), gender identity or gender expression, as defined in s. 111.32 (7j), disability, religion, national origin, marital status, family status, lawful source of income, age, or ancestry or because of a physical condition.

SB362,29,19 (End)