Tobacco Documents Online

WI~ EMPLOY DISCs BILL COPIES

1 t 1.11 EMPLOYMENT RELATION5 deterioration of such product, the employes shall give to the commission atleast ]0 days' notion or'their intention to strike and the commission shall immediately nodfy the employer of the re~|pt of such notice. Upon receipt of such notice, the commission shall take immediate steps to effect mediation, if possible. In the every! oftha is|lure of the efforts to me.xiiate, the commission shall endeavor to induce tha patties to arbitrate the controversy. 1"i1.1;~ Uu'tlea nt the attorney general and distr[ot ~ttor- n=ys. Upon the rtquest of" the commission, the a.ttomcy general or the district attorney of the coutlty in which a proceeding is brought before'the elrcait court for the purpose of' enforcing or reviewing an order of the commission shall appear and act as counsel for the commission in such proceeding and in any proceeding to review the action of the drcuit court affimdng, modifying or reversing such order, 111:14 Penal~. Any person who shall wilfully assault, resist, prevent, impede or interfere with any member oF!h0 commission oe any of ks agents or agencies in the porform- ante of duties pursuant to this subchaptcr shall be punished by, a fine of not mor~. than 5;~00 or by imprisonment in the countyiail for not more than one year. or both. -111.1S 0onstruct~on of sub,hap!at L Except as specifically ~rovided in this subchaptcr, nothing ther,'iu shall be con- strued so as to interfere with or impede or diminish in any way the right to strike or the right of individuals to work; nor shall anything in this subchapter be so construed as to loved,- unlawfully the right to freedom of speech. And nothingin this subchapter shall be so construed or applied as to deprive any ~mploye o~'any unemployment benefit which he might other- wise bo entitled to recdve under oh. 108.- 111.17 Coofllet ¢f provisions; effect. Wherever the applica- tion of the provisions of other statutes or laws conflict with the application of. the provisions of this subchapter, this subehapter shall prevail, provided that in any situation whue the provisions of this subchapter cannot bc validly enforced ~he provisions of such other statutes or laws shall apply. 111.I8 LIml! on paymenl to haallh oare instltullens. (1) In this section: (a) "Health care institution" includes ho.~pitals, psychiat- ric hospitals, tuber~losis hospitals, nursing homes, kidney discus= treatraeat o,nters, free-standlng hemodialy~ units, ambulatory surgical facilities, health ma/ntenanc~ organiza- tions, limited s~.rvic¢ health organizations, prdcrred provider plans, community-based residential facilhics that are certified. as medical assistance providers under s. 49.45 (16) cr that othcnvise meet the requirements for certification, home health agencies and other comparable facilities. "Health care institution" does not include futilities operated soldy as part of the practice of an independent practitioner, partnership, unincorporated medical group or service corporation as clef'mad in s. 180.1901 (2). (b) "Proportional share" means the annual revenue of a health care institution received in the form of' medical assist- anc~ reimbursement or public cmploye insurance from the state, divided by zhe total annua} revenue of the health care institution. (~) (a) 1. Any health care institution found by the national labor relations board to have committed an unfair labor practice under 29 USC 158 or found by the employment relations commission to have committed a prohibited prac- lice under s. I ! 1.70 (3) mat includes payment to any person for services rendered with respect to concerted activity 91-92 Wis, StaLs. 2370 gaged in "~y its cmploycs for purposes of collective bargaining sh~ll r:~um to the state a proportional share of the amount : paid t.:, tl:e person for the activity that constituted the unfair labor praeti~. :2. An.v group of employes 91; a health care institution subjec~ to subd. I may commence an action in circuit court to enforce the provisio.ns of this subsection. 3. R :a.~onable costs and attorney" fe~ incurred in enforcing a return of fund¢ to the ~mtc ~nder this Se~tim, ~nay be awarded to successful plaintiffs. (b) Paragraph (a) does not apply to; • I. Attorney fees for servi~s rendered after the union is certified 'as a cbllectlv¢ bargaining agent under this chapter or undcr.the !rational labor rclmions act, 29 USC 151 to 169. 2. Attorne~ fees for services at an administrative agency or court proceeding or in preparation for the proceeding. 3. Salary paid to a full-time employe of a h~ahh earn fnstitutior~'s personnel department. 11%19 Title el suhchapler I. This subchapter may be cited as the "E;aployment Peace Act". SUB6MAPTER l! FAIR EMPLOYMENT 111.31 0¢claratlon of policy, (1) The legislature finds that the pracfic~ .of unf@!~r d_iscriminatiq.n, in employment against properl~ qualatJed ifidi~du~.ls by reason of their age. race, cre¢d, color, handicap, marital status, sex, national origin, ancest~', ~xaal orientation, a~est record, conviction r~cord, membership in the national ~ard, state defense for~ or any other r~se~¢ component ofthe militaw for~$ of the United States or this, state.~r .... use ;°r ..... no.nasa of lawful, products__, o~th t~O!gycr~ R~m]ses dur~. nonwqrkm~ hours.sp~tantmilg and adverscly~/~c~ t heKene~we~a oft~, stat~ ~mplo~- ~~ant~tions, e~ployment ~genc~es and hccnsing agenaes that deny employment oppo~ities and dlscfimi- hate in emplo~ent against properly qualified individuals solely bemuse of thdr age, race, creW, color, handicap, marital status, sex, national ori#n, anc~, sexual orienta- tion, a~est record, conviction record, membership in the national ~,acd, state defense force or any other component of the milita~ ferns of th~ United States or this state or ,se or.nonuse of lawful products off the pgcmis~s during no~Rifi~rs.. K . deprive tho~ indi~duals o~zmings that are n~ssa~ to maln~ain a j~t and decent standard of li~ng. • .. {a} [t is the intent of the l,~slatura to ~rot~t by law the rights of all indi~duals to obtain gainful emplo~ent and to enjoy privileges free from ,m#oym~t discrimination b~- cause ogag,, ra~, erred, color, ha~di~, marital status, sex. national off#a, an~z~, sexual ofentation, awes! record, eon~etion record, membership ifi the national ~=d. defens~ force or an~ other rese~ component of the milim~ fo~ces of the United Stat~ or this state or us, or nonm~ l~wful products off,he cm~loy, r's premls~-du~in~onwor~ ~ anh t6 encourage the~~ n~dis~minato~ u~lf~tioff of the productive r~ources of th, state to the b~nefit of the state, the family and all the peopl~ of th~ stat¢. It is th~ intent of the leg~latur¢ in promulgating th~ sum chapter tO ¢neou~g* ~ployers to evaluate an employ¢ or applique .for employment b~ed upon the emplo~ds or appli~nCs individual qualifi~tions ~ther than u~n a ~r- tiedar class to which the individual may {~} In the integrate!ion and apple,!ion of this subcbaptee. and othe~ise, it is d~lar~ to ~ the public ~oli~ ofthe state TI23971557

ec~cd Is that gainst , race, ~rigin, ecord, ~r any fffthe ~Hmi- iduals ~icap, ienta- n the ~r ~duals t and LeMPLOYMENT RELATIONS '1 ~ %32 (am) "Creed" means a system of religious beliefs, including moral or cthical beliefs about right and wrong, that arc sincerely held with the strength of traditional religious views. (4) "'Department" means the department of industry, labor and human relations. (5) 'qEmploye'" does not include any individual employed by his or her parents, spous¢ or child. (6) (a) "Employer" means the state and each agency of the state and, exempt as provided in. par. (b), any other person engaging in any activity, enterprise or business employing at lcast one individual. In this subsection, "agency" means an office, department, independent agency, authority, institu- tion, association, society Or other body in stat¢ government created or.authorized to be created bythe constitution or any law, including the legislature and the ~ourts. (b) "'Employer" does not includ, a.social club or fraternal society under ch. lag with respect to a particular job for which the cIub or society seeks to employ or "employs member, if the particular job is advertised only within the membership. (7) "Employment agency" meaus any pc'scan, including this state, who regularly undertakes to proct~re employee or opportunities for employment for any other pc=on. (7m) "'Genetic testing" means a test of a person's genes, gent products or chromosomes, for abnormalities or defi- ciencies, including carrier status, that are linked to physical or mental disorders or impairments, or that indlcat¢ a suscepti- bility to [lltxess, disease, impairment or other disorders, whether physical or mcnta], or that demonstrate genetic or chromosomal damage due to envltonm,nta] factors. (8) "Handicapped individual" means an individual who; (a) Has a physical or mental impairment which mak'¢s achie~tement unusually difficult or limits the capaehy to work~ (b) Has a record of'such an impairment: or (c) Is perceived as having such an impairment. (g) "Labor organization" means: (a) Any organization, agency or employ¢ repres¢ntation committee, group, association or plan in which employee participate and which exists for the pu~ose, in whole or in part, of d~a]ing with employers concerning grievances, labor disputes, wages, rates of pay, hours or other ternaS Or Condi- tions of employment; or (b) Any conference, general committee~ joint or system board or joint council which is subordinat¢ to ~ national or international committee, group, association or plan under (10) "License" means the whole or any part of any permit, certificate, approval, registration, charter or similar form of permission required by a state or local unit of government for th~ undertaking, practice or continuation of any occupation or profession. (11) "Licensing agency" means any board, commission, committee, department, exami.ning board or o~cer, except judicial officer, in the state or any city, village, town, county or inca] government authorized to grant, deny, renew, re- voke, suspend, annul, withdraw or amend any license. (12) "Marital status" means the status.or being married, single, divorced, separated or widowed, (lira) "R.¢l~gious association" means an organization, wheth=r or not organized under ch. lg7, which operates under a creed. (1~) "Sexual harassment" means unwelcome sexual vanc~, ~nwelcomt physical contact of a sexual nature or unwelcome verbal or physical conduct of a sexual nature. "Unwelcome verbal or physical conduct of a sexual nature" includes but is not limited to the deliberate, repeated making TI23971558

1t 1.3":' i;MPLOVMENY RELATIONS 91-92 Wis. Stats. 237 oF unsolicited g~lum.s or comments, or the deliberate, peated display of offensive sexually graphic mate~als which is not ncccssa~ for husln~ purposes. 0 ~m) "Sexual otcn~tion" means having a preferenc~ for heterosexuality, homosexuality or bisexuality, having a his- Io~ o~ such a prcfcrcnc~ or being identified wi~h such a pref=r=nc~. (~80 "'Unhir genetic t~ting'" m~ans any t~st or testing procedure that violates s. l 11.372. (14} "Unfair honesty testing" mcan~ an~ ~sl or pro~dur¢ which violat~ s. I 11.37. H~o~: 1975 c. 31, 9~, 2~. gZI; ~9~7 ¢. 29. 12S, ~96. 2~6; 1979 e. 31~. 19~1 ¢, 96 ~, 67; 19RI e. 112. ~]4. 391:i~83 a. 36; 198~ L 149; 1991 a. I IZ T~ differing trca~m¢nl of prcgnan¢y disabiliw is no~ ~d p~. a ¢n¢¢ n t7~ of disability, as contended by ~hc employer. ~alhcr than u~n the dl;ubtlid=s a~at~ wi~h pregnancy For l~ss favorable ~¢atment in a alan d~i~ go r¢li~ Ih~ ~n~m~ buedea'o~phys{~l incapacity T~ "'cf~'. ~ a~d in if)(a). L~79 slats,. [now ;~ Om)]. m~nsa~t~ oF rchglo~s ~h¢~, not polifi¢al ~icfs. Aug~ti~e V. Ant~fsmation Lg. B'nai 8'tith, 55 W (2d) 207. 249 NW (2d) 547, ~crc employer ncgotialcd, under Natlonul Labor R¢lal~ons~¢L = wel- l.oral act prompted Wiscomin's sex dj~r~minaOon law hrbidding ping- nones' ~n¢fits di~rimin~doa. Go.year ~r~ ~ RobOt Co, v, DILHK, ~7 w [2d) 56. 27~ NW (2all 7~6 (Ca. App. 197~), Fair.~mploymcm Act was nol p~mgmd by fuderal leghtation. "'Future ~ards ¢xcepl[on discusstd. Chicago & N,W,R,R. v, ~r ~ Ind, R~v, Comm. 91 W (2d) 46L 283 Nw (2d) 603 (O, A~p. Inclusion of pregnan~-r¢la~¢d ~ne~t= within di~bili~y ~nefit plan am ~iolat¢ Equal Pa~ Act. gIm~rly-Ogrk Co~. v, ~bor ~ lad, Comm, 9~ W (2d) }~, ~9~ ~w (2d) ~S4 (C¢. App. Perceived ~nd=~p di=¢uss~, L~ ~ros~ Poli¢~ Comm. v. LIRC, 139 W (2d) 740. 407 NW (2d) 510 (1987). Individual asserting ~alte~. not as f~ Of cmploym~m di~rimlnatlon. hat as "in~e~aflen¢ and unlawful touching o~th¢ pcrwn'" t~ not preluded WFEA f~m bnngin8 bal~ e~aim ahhaugh (13) broadly d¢fin~"~xud har- assment,'" B¢¢~r ~, Aulom;R,¢ Gnras¢ Dnor Ca.. 156 ~V (~d] 409, 4~6 NW {2d) 888 (Ca. App. 1990L A licensing agcac~ ma~ ~ues( intonation from an appli~nl r~ar~inS ~v;cdon ~¢or~ under (~) (~). 1919 stats. {now ~e (~}]. 67 An~. Gen. 327. 111.321 Prohibited bases of discrimination. Subj.-el'to as, 111.33 to l I 1,36, no employer, labor organization, employ- ment 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 o rage. race, creed, color, handicap, marital status, sex, national origin, ancestry, arrest record, conviction record, membership in the national guard, state defense force oe any rescue component of the milita~ forces of the United Stat~ or this state or us~ or nonuse of lawful products offthe ~m~loyer's oremises during nonworking hours, HI~o~ 1981 e. 3M; 19~7 a. 6~; 1991 a, NOTE: ~ 111~ for definition of~x dl~riminalion, Denial of homo~xual =mploye's ~qu.t for family ¢ov¢ra~. for and hcr companion did not violate equal proration or prohibi[ion under I 11.321 of di~rimination on basis of menial statu~. =¢x~l 0ri~=tm~ Or def. Phillips v. Wi~ontn Personnel Comm(~sion. 167 W (2d] 205,432 NW 121 (2d) (O, App, 1~2), Bargaining ~rccmcnt rcqui~ng marrlcd ¢mploy~ with =~u~ ¢OVe~ by employee p~owded comparable h~th insurance to el~t cove~g¢ under one ~licy or lhe other vlolal~ this =~non, Braalz v. LIRC. 16~ ~ (2d~ 124,483 NW t2d) 246 lCt. App. 1~2L Licensing hoards do not have authority to cna~ g~=ral re.lotiOn= which would allow them to ~nd. den~ Or cevok¢ Ik~n~ of ~rson who ha~ munioabl¢ disease, Liecn~n~ boards do have aulhodt~ on ca~-b~¢c to su~nd. ~¢ny ae revoke hcens¢ of ~rson who po~ dlr~t Ih~t to h~hh and ~F¢~y or olh~ ~r~ou~ or wha ~ unable to ~rfo~t duties of li~nsed activity. 77 Atty. Gen. 223. Person suffering from ~ontagiou~ di~= may ~ handi~p~d pursuant to federal rehabilitation act. ~hool Baa,d or Nassau County v, Arhn~. 4~0 U~ 111,322 Discriminatory actions prohlbltedo Subject to as. l 11,33 to I I ],36o it is an act of employment discrimination to do any of the following: (1) To rcl'us¢ tO hire, employ, admit st license any individ- ual. to bar or terminate from employment or labor organiza- tion membership any individual, or to discriminate against any individual ia promotion, compensation or in ternt conditions or privileges of employment or labor organizatio membership because of any bails enumerated in s. 111.32.t (2) To print or circulate or cause to bc printed or circulalo any statement, advertisement or publication, or to use an form of application for cmp|oymcnt or to make any inquir in connection with prospective employment, which implies expresses any limitation, specification or discrimination wit respect to an individual or any intent to make such limilatio[ specification or discrimination because of any basis enumd atexl in s. I I 1.321. (2m) To discharge or otherwise discriminate ~gainst individual because of any of the following: (a) The individual files a complaint or attempts to enfo~ any right under s, 103.02, I03.10, 103,13, 103,28, 103.5 103.455, 103.50, 104,12, 109.03 or 109.07 or ss. 101.58~ 101.599 or t03.64 to 103.82. (b) The individual testifies or assists in any action,.c proceeding held under or to enforce any right under s. 103~ I03.10, 103,13, 103,28, 103.32. 103.455, 103.50, I04:'1~ 109.03 or 109.07 orss. 101.58 to 101.599 or 103,64 Is 103:~ (c) The individual files a complaint or attempts to ¢n forc~, right under s. 66,293 or 103.49 or testifies or assists in action or proceeding under s. 66.293 or 103.49. (d) The individual's employer believes that the indivld~i engaged or may engage in any activity de.qcribed in pars, (.a.~ (c). (3) To discharge or otherwise discriminate agaiffst'~ individual because he or she has opposed any discriminat~ practice under this subchap.ter or because he Or she has a complaint, testified or asststed in any proceeding under.'[ subehapter. Hislary: 1981 c. 334:1989 a, 228,359, Discussion of meaning of (2). Racine Unified S~hool Dist..v. LIRC. 1~ (2d) ~67. 476 NW (2d) ?u? {Ct. App. 1991). Oiscdmlnation ~n ;~dvertl~qng, Ab~tm~on, WBB Mirth, 198~/. employer, labor organization, licensing agency or persoz~[l discriminate against any employe or any applicant ployment or licensing. ..: 111.33 Age; exceptions and special ca~;e$- (1) The bition against employment discrimination on the basis ol7~ applies only to d'seriminatlon against an individual wh.gJ age 40 or over, (2) Notwithsta~dlng sub. (i) and s. 111,~22, it ts...~..~ employment discrimination because of ago to do any following: (a) To tcrmi,nate the employment of any employe pI- rally or otherwise unable to pert`otto his or her duties. (b) To tmplcment the provisions of any retirement pla system st'any employer it" the retirement plan or system a subterfuge to evade the purposes of this subchapter~. plan or system may excuse the failure to h!rc, or permit the involuntary retirement 0(. any mdivldual ~ sub. (l) because of that individual's age, . (d) To apply varying insurance coverage according ~0a~ employe's age. (e) To exercise an age distinction with respect to hirLn.~ individual to a position in which the knowledge and CX.l~ cnc¢ to be gained is required for future ~dvancement.;t~ managerial or executive position. (f) TO exercise an age distinction with respect to ment in which the employc i~ exposed to physical dang.~ hazard, including, without limitation because of enum.'_~l~ lion, certain cmployment in law enforcement or rife figh~_l~ TI23971559

1 11.34 EMPLOYMENT RIcI-~TIONS 111.345 Marital statuS; exeepllon~ ~,nd special cases. Notwithstanding s. I [ 1,322, it is not employment discrimina. tion because of marital status to prohibit an individual from directly supervising or being directly supervised by his or her spouse, Hlslory: 1981 ¢. W. o r,k ru.le intended tO limit e, xtrarrt~dtal al~h;r~; among ex)empl.o, ycs wa~ not discnmmot~on because of manful status. Federal©d CIrc. v. K~sler, 131 W (2d) 189. 388 NW (2d} 553 (1986k 111.35 Use or nonuge 01 lawful producls; excepllons and special ea~es, (1) (a) Notwithstanding. s, I I 1,322, it is n...n_otot cm_.ployment di~criminatlon because o{" USe of a product off the employer's premise~ durln~_nor~_orkin~, h-ours~..tor nonjp .r°fit corp oratmn~_ that, as one of tts prtma~v. purposes or objectives, discourages the general pu.bhc from ,~tr~_~ a lawtul~-roduet to rei~t~se to hire or employ an individual, to suspend or terminate the employment 6f an individual, or to discriminate against an individual |n'promo- • rich, in compensation or in terms, conditions or privileges Of employment, because that individual uses oft'the eraployer's premises during nonworklng hours a lawful product that the nonprofit corporation discourages the general public from using. (b) Notwitl~standing s, 111,322, tt is not employment discrimination because of nonuse 6f a lawful product, off the employer's prem{ses during nonworking hours for a non- profit corporation that, as one of its primary purposes or objectives, encourages the general public to use a lawful product to refuse to hire or employ an individual, to suspend or terminate the employment of an individuaL, or to discrimi- nate against an individual in promotion, in compensation or in terms, conditions or privileges of employment, because that individual does not use off the employers premises dmqng nonworking hours a lawful product that the nonprofit corporation encourages the general public to use, (2) Notwithstanding s. 111,322, it is not employment discrimination because ofus~ or nonu.~ era lawful product off the employer's premises during nonworking hours for an employer, labor organization, employment agent,, licensing agency or other person to refuse to hire, employ, admit, or license an individual, to bar, suspend or terminate an individ- ual from employment, membership or licensure, or to dis. criminate against an individual in promotion, in eompen~- tion or in terms, conditions or privileges of employment or labor organization membership if the individual's use or nonuse or" a lawful product off the employer's premises during nonworking hours does any of the following: (a) Impairs the individwal' 91-92 Wis. Stats. , to underta c~b) Cre..ates a eon.fl|.~.t of.inte_c_~.t, or tile a~:~l~...a, ranee , w~th thejob-rclatc.d rcspoo~;biht~ indNiduags am~ployment, membership or licensure, re)_Conflicts with a bona fide oCCugatip~m~.~ that iS-rCas~namy re, tea to. the joke-related responsibtqT/~: tl~__tntttvt"duaYs employment, memb~rship~,o~ (d)-Con~tes a Vi~latlon of s, 48,983 (2). " (e) Conflicts with any federal or state statute, rul'el~ regulation. (3) (a) Notwithstanding s, I I 1,~22, it is not emplo~-n~ dlserimlnation because of use of a lawful product of,,.~]~ employer's premises during nonworking hours for,aK..~J~ ployer, labor organization, employment agency, ltce~,,~ agency or other person to offer a olie or la li or disubility insurance ..e.overa~c unde, L.w.hich the _co~ co ve r_a.gt,.fQL~tl:t in divi..d u al wh~ ~~ ..... e.. . : a~eorthe covera ' " -" " -- ~ lawful t~roduct, if all of the ~o.llowing conditions aVDIv:. I. The difference between the premium ra~es eha~ged individual who uses that lawful product and the prer~ rat¢~, char~cd to an individual who does nol 0s~ thai product reflects the cost of providing the coverage tt individual who uses that lawful product. 2- The employer, labor organization, employment lleensing agency or other person that otters the cov¢'i provides each individual who is charged a different pren~ rate based on that individual's use era lawful product oft:." employer's premises dttring nonwork[ng hours with a wri~ statement specifying the premium rate differential used b~ insurance carrier. (b) Notwithstanding s. 111.322, it is not employm,~ discrimination because of nonuse era lawful l:,roductoff, i~B employer's premises during nonworking hours for . ployer, labor organization, employment agency,, agency o.r. ?th.er person to otter a policy or pl,an of life, h~ or disabdtty msur.ance coverage under, w.h~e.h the typ~ coverage or the pace of coverage for an tndw~dua! who .d.,~ not use a lawful product off the employer's preratses dt~t~ nonworking hours differs from the type of coverage price of coverage provided for an individual who lawful product, if all of the following conditions apply, I. The difference between the wemlum rates charged tr~ individual who does not use that lawful product premium rates charged to an individual who uses that la'dh~l product reflects the cost of providing the coverage t'o~ individual who does not use that lawful product, .~ 2. The employer, labor organization, employment ag~ licensing agency or other person that offers the provides each individual who is charged a diff¢~nt prem rate based on that individual's nonuse era lawful produd the employer's premises during nonworking hours written statement specifying the premium rate used by the insurance carrier. (4) Notwithstanding s, 111.322, it is not em diserimlnation because of use of a lawful product durln nonworking hours to 111.36 Sex, sexual orientation; exceptions and caces. (1) Employment discrimination because of sex T!23971560