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STATE OY WISCONSIN LRBal198/2 ~1~c.- ASSEMBGY AHENDMENTI, 30, TO It.,91 ASSEMBLY BILL 570 1991 " Offered by CO~IITTEE ON LABOR. 3 5 8 9 10 12 13 17 18 19 20 the locations indica~ed, amend the Pa~ 3, llna 27: PaSs &~ llne I0: bill as follows: "CASES." inser~ "(I)", de~lete ~he period and substitute: "and ig the to the rcli&ious s~octstton. i~ is not employment discrimination ~ob descrip~ion demonstrates ~ha~ ~he position ~s clearly rela~ed religious ~eachin~s and b~l~e£s c,~ ~he (2) No~wi~hs~andlng s. 111.322, bacaUS~ of lawful aoZlvities pursued off ~he ~mployer's pr~mi~m~ durin& employmen~ agency, employ, admtt or ~o ~, suspend o~ ~ernina~e an ~ndiv~du~ f~om licen~u~e, or to discrimlna~e a~nst an indl- cond$~ions or privil~Ees if ~ha lawful activity employer's premises durin~ nonworkiu$ hours does any of of that individu~l's nonwo~kin8 hours ~or an employer, labor o~ganlza~ion, licensin~ asen~y or other person l~eense an ind~viduat, employmen~ membership or vidual in promotion, in comp,nea~£on or in imams, of employmsn~ or labor org~J~:Lzl¢ion membership, pursued of£ (a) Crea~as o£ inrerest, wlch the ~ob-relac¢.d responsibtl¢ties employment, member.hip or li~en~ur~. Conflic~s wi~h e related tO Job-rela~ed o£ individual's employment, membership or licensure, <- gt' tO LSES09 :I'N 8k:Ot:LS-St--tt : ~oE ~3 1 dOO3-131 XO~ T!23971577

1 2 6 7 I0 11 16 17 (3) because ~f lawful actlv£~em pur:~ued o£f the employe:'s premises ~onwork~n~ hours for an employer, labor organlzaclon, employment No;wi=hs=and~ns s, 11L.322) it ~s not employment diao=imlnation agency, licansins aSen~Y or other person to o~er a policy or plan of life, health or disability insurance covera,~e under which the type of coverage or the an indlvldaal who pursues du=ing nonworklng hours price of ¢oversge foe employer's premises coverage or :be price of coverage provided fo= an individual who does pursue that lawful actlvi~y, if all of the followin~ conditions apply: a law~ul activity off ~he differs from the type of no~ The ~i~{erenae between ~he p=em~um rates charged to an individual ~ndlvld~al who providln~ :h: [b) The lawful activity and. the premium rates charged to an does no~ pursue that lawful activity re£1e~e the cost o~ COVeZa&e to the employer, labor oresnlzation, employment agency or othec person that offers the coverase provides indlvldua! who pursues that lawful acclvi=y. a~ency~ licensing each individual who is charged a di£ferent premium rate based on that individual~s pursuit of a l~w~ul activity o~! the ~mFloyer's premises dur~n~ nonworki~ hours with a writ=an s~atem~nt spccif'yin~ the premium rate differential used by the insurance carrier." (End) C # -* 0986~91,EOE :l~ ~:OL:L&--~/--LL T!23971578

TO 19~I AS~.EHI]LY BIL~ 5;0 November 05, 1991 - Offered by Representatives CLARENBACH and NI~I~ER. 1 5 6 9 10 At ~he locations indicated, emend ~he bill as st.andlng s, activities i, Page 3, line 27: 111.322, pursued nft,~r tha last period inserct "(I) it's no~ nn~ploym~.nt dlscr~m~nation because of • t o~f the cmp..oye;r a prem£s~s durins nonworklng hours to refuse to el~ploy an applicant, iio ~,~rmlnate £rom ~mploymont sn employa or ~o ~ondi~ions or prlv~leges o~ cmp|o)'men~ if pursuit of employe violates a covenang no~ to compete with tho if the sppll~an~ or ~mploye it bound by a ¢ovenant discriminn~e agains~ an craploye in promotion, compensation or germs, lend) another cmployer. (2)", that ac¢ivity by the e,nploye's employer or no¢ to compete with (- 9~ !,9 T!23971579

1991-92 Le&islltu~a ASSEMBLY AMENDMENT TO 19!)1 ASS;~H~L¥ BIL~ November 05, 1991 - o~fered NOTESTEIN, MOORE anti I Io 11 12 13 At ~he lo~ations indicated, II "(2) boc~us~ of Inwful .on~orking hours licensin~ agency or amend the bill as follows: Pa&e 3, line 27: Notwi~hstandlng s. nctivi~n~ fO~ an emp].oym~:, other person a£ter "the las~ period ~nsert "(I)". af~:er that llne insert: 111.32~, it is not employment d~scrimination pursued off th~ ~mployor~s pr~miscs during labor ozganlzatlon, employment agency, re~ume to hire. ~mploy, admi~ or ~Icense an Individual~ to bar, suspend ot te~minat~ an individual from employment, membership or li~nsure, or to dlacrimi.atc n&ainst an ~ndl- vidual ~ promotion, in compensation or in terms, conditions or privi|~es of ~mployment o~ labor or$~ni~a~ion membership if ~he lawful activity pursued off ~he employer'~ prcmlses during nonworkin& hours conflicts with a bona fide residency Ee~irement of tha~ individual's employment, membership or lic~nsure,". (End) S # : 0986&~'~EOE (" 9'V L9 LS~_.~09 :~N ~-'I':OL:'L6.-~L--LL : 96E ;~r41 (KEFE-BI XO~BX T!23971580

1991-92 Legislature STATE OFWISCONSIN 1991 ASSEMBLY BILL 570 LRB-3122/3 GMM:kmg:aj October I, 1991 - Introduced by Representatives CLARENBACH, HOLSCHBACH, HAUKE, HAMILTON, TRAVIS, NUSSER and JOHNSRUD, cosponsored by Sena- tors VAN SISTINE and RUDE. Referred to Committee on Labor. I AN 2 3 ACT to amend 111.31 (I) to (3) and 111.321; and to create 111.35 of the statutes, relating to prohibiting employment discrimination on the basis of lawful activities pursued outside an "employer's premises during nonworking hours. Analysis by the Legislative Reference Bureau Under current law, discrimination in employment on the basis of age, race, creed, color, handicap, marital status, sex, national origin, ancestry, arrest record, conviction record or membership in the national guard or military reserves is prohibited. This bill extends the provi- sions of current law that protect against unfair employment discrimination to prohibit discrimination based on an individual pursuing lawful activi- ties while off the employer's premises during nonworking hours, except that a religious association not organized for private profit, or an organization or corporation that is primarily owned or controlled by a nonprofit religious association, may refuse to hire an applicant, may terminate an employe or may discriminate against an employe in promotion, compensation or terms, conditions or privileges of employment for pursuing a lawful activity off the employer's premises during nonworking hours if pursuing that lawful activity violates a principal tenet of that religious association. 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: 5 6 7 SECTION 111.31 crimination i. 111.31 (I) to (3) of the s~atutes are amended to read: (i) The legislature finds tha~ the practice of unfair dis- in employment against properly qualified individuals by reason Ti23971581

1991-92 Legislature -2- -3122/3 GMM:kmg:aj 1 2 3 5 6 7 S 9 I0 II 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 of ~ age, race, creed, color, handicap, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record membership in the national guard, state defense force or any other reserve component of the military forces of the United States or this state o_~r lawful activities pursued off the employer's premises during nonworking hours 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 ~ age, race, creed, color, handicap, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record emm membership in the national guard, state d~fense force or any other reserve component of the military forces of the United States of this state or lawful activities pursued off the employer's premises during no~workin~ hours deprive those individuals of the earnings ~ that are necessary to maintain a just and decent standard of living. (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, handicap, marital status, sex, national origin, orientation, arrest record, national guard, state defense military forces of the pursued off the employer' encourage the full, race, creed, color, ancestry, sexual conviction record e~ membership in the force or any other reserve iomponent of the United States or this state or lawful activities s premises during no~worklnE hours, and to nondiscriminatory utilization of the productive re- sources of the state people of the state. this subchapter to encourage employers to the benefit of the state, the family and all the It is the intent of the legislature in promulgating to evaluate an employe or applicant TI23971582

1 2 3 5 6 7 8 9 i0 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1991-92 Legislature -3- ifications be 1 ont. employment based upon the employe's or applicant's individual qual- rather than upon a particular class to which the individual may In the interpretation and application of this subchapter, and otherwise, it is declared age and foster to the properly qualified individuals handicap, marital status, orientation, arrest record, to be the public policy of the state to encour- fullest extent practicable the employment of all regardless of age, race, creed, color, sex, national origin, ancestry, sexual conviction record e~± membership in the any other reserve component of the this.state or 'lawful activities Nothing in national guard, state defense force or military forces of the United States or pursued off the employer's premises during nonworking hours. this subsection requires an balance in the work force. for the accomplishment of this purpose. SECTION 2. 111.321 of the statutes is amended to read: 111.321 PROHIBITED BASES OF DISCRIMINATION. Subject to ss. 111.36, no employer, labor organization, employment agency, agency or other person may engage in any as specified in s. 111.322 against any individual on the race, creed, color, handicap, marital status, sex, ancestry, arrest record, conviction record ~ membership affirmative action program to correct an im- This subchapter shall be liberally construed III.33 to licensing act of employment discrimination basis of age, national origin, in the national guard, state defense force or any reserve component of the United States or this state or lawful activities employer's premises durin~ nonworking hours. SECTION 3. 111.35 of the statutes is created to 111.35 standing s. of the military forces pursued off the read: LAWFUL 111.322, ACTIVITIES; EXCEPTIONS AND SPECIAL CASES. Notw~th- it is not employment d~scrimination because of l~wful T123971583

1991-92 Legislature -4- LRB-3122/3 GMM: king: aj 1 2 3 6 8 9 I0 11 activities pursued off the employer's premises during nonworking hours for a religious association not organized for private profit, or an organiza- tion or corporation, including an educational institution, that is pri- marily owned or controlled by a religious association not organized for private profit, to refuse to employ an applicant, to terminate from employment an employe or to discriminate against an employe in promotion, compensation or terms, conditions or privileges of employment for pursuing a lawful activity off the employer's premises during nonworking hours if pursuing that association. activity violates a principal tenet of that religious (End) Ti23971584

1991-92 Legislature STATE OF WISCONSIN LRB-3122/3 SMM:kmg:aj 1991 ASSEMBLY BILL 570 October I, 1991 - Introduced by Representatives CLARENBACR, HOLSCHBACH, HAUKE, HAMILTON, TRAVlS, MUSSER and JOHNSRUD, cosponsored by Sena- tors VAN SISTINE and RUDE. Referred to Committee on Labor. 1 2 3 AN ACT to amend 111.31 (I) to (3) and 111.321; and to create 111.35 of the statutes, relatins to prohibiting empi~yment discrimination on the basis of lawful activities pursued outside an employer's premises 4 during nonworking hours. Analysis by the Legislative Reference Bureau Under current law, discriminatioR in employment on the basis of age, race, creed, color, handicap, marital status, sex, national origin, ancestry, arrest record, conviction record or membership in the national guard or military reserves is prohibited. This bill extends the provi- sions of current law that protect against unfair employment discrimination to prohibit discrimination based on an individual pursuing lawful activi- ties while off the employer's premises during nonworklng hours, except that a religious association not organized for private profit, or an organization or corporation that is primarily owned or controlled by a nonprofit religious association, may refuse to hire an applicant, may terminate an employe or may discriminate against an employe in promotion, compensation or terms, conditions or privileges of employment for pursuing a lawful activity off the employer's premises during nonworking hours if pursuing that lawful activity violates a principal tenet of that religious association. 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: 5 6 7 SECTION I. 111.31 (I) to (3) of the statutes are amended to read: 111.31 (i) ~q~e legislature f~nds that the practice of unfair dis- crisination in employment against properly qualified individuals by reason T!23971585

1991-92 Legislature -2- LRB-3i22/3 GMM:kmg:aj 1 2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2& 25 26 27 28 of ~ age, race, creed, color, handicap, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record e~ membership in the national guard, state defense force or any other reserve component of the military forces of the United States or this state lawful hours state. agencies employment age, race, ancestry, membership component activities pursued off the employer's substantially and adversely affects the Employers, labor organizations, employment ~ that deny employment opportunities against properly qualified individuals creed, color, handicap, sexual orientation, in the national guard, state of the military forces of marital status, arrest record, defense force or any the United States of lawful activities pursued off the employer'§ premises hours deprive those individuals of the earnings ~ __ to maintain a just and decent standard of living. (2) It is the intent of the legislature to protect by premises during.nonworkinE general welfare of the agencies and licensing and discriminate in solely because sex, national origin, conviction record other reserve this state or during nonworkin~ that are necessary law the rights of all individuals to obtain gainful employment and to enjoy privileges free from employment discrimination because of age, race, creed, color, handicap, marital status, sex, national, origin, ancestry, sexual orientation, arrest record, conviction record e~ membership in the national military forces pursued off the encourage the sources of the employer's premises during nonworki~ hours, and full, nondiscriminatory utilization of the productive state to the benefit of the state, the family and all people of the state. It is this subchapter to encourage guard, state defense force or any other reserve iomponent of the of the United States or ~his state or lawful activities to re- the the intent of the legislature in promulgating employers to evaluate an employe or applicant T!23971586