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SPEAKER David E. Clarenbach PRO TEM OF THE ASSEMBLY July 28, 1991 Paul Sicula 135 W. Wells Street #604 Milwaukee, WI 53203 MEMORANDUM To: Paul Sicula From: David Clarenbach Enclosed, please find the LRB draft relating to prohibiting employment discrimination. I would appreciate any comments or suggestions you might have. Looking forward to hearing from you. enc. 4 West, State Capitol Madison, Wisconsin 53702 (608) 266-8570 TI28700936

1991-92 Legislature STATE OF WISCONSIN LRB-3122/3 GM~:kmg:aj 1 AN ACT to amend 111.31 (I) to (3) and 111.321; and to create 111.35 of the 2 statutes, relating to prohibiting employment discrimination on the 3 basis of lawful activities pursued outside an employer's premises 4 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, ancestly, 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 d~scrimination 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, do enact as follows: represented in senate and assembly~ 5 6 7 SECTION 111.31 i. 111.31 (I) to (3) of the statutes are amended to read: (I) The legislature finds that the practice of unfair dis- crim~nation in employment against properly qualified ~ndiv~duals by reason T!28700937

1991-92 Legislature -2- LRB-3122/3 S~ :k~g: aj 1 2 3 5 6 7 9 I0 ii 12 13 14 16 17 IS 19 2O 21 22 23 25 26 27 28 of ~ age, race, creed, color, handicap, marital status, sex', .~onal 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 or lawful activities pursued off the employer's premises durin~ 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~e-i-~ age, race, creed, color, handicap, marital status, sex, national origin, ancestry, sexual orientation, membership in the national guard, component of the military lawful activities pursued off arrest record, conviction record state defense force or any other "eserve forces of the United States of this ,. "re or the employer's premises dural ~ nonwo-~ hours deprive those individuals of the earnings w~-ieia tb:___~ are sary 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 employment discrimination because of age, race, creed, free from handicap, marital status, sex, national origin, ancestry, orientation, arrest record, conviction record e~m membership color, sexual in the national guard, state defense force or any other reserve component of the military forces of the United States or this state or lawful activities pursued off the employer's premises during nonworking hours, and to encourage the full, nondiscriminatory utilization of the productive re- sources 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 employe or applicant T!28700938

1991-92 Legislature -3- LRB-3122/3 G~:~Jng:aj 1 2 3 4 6 7 8 9 i0 Ii 12 13 14 16 17 19 20 21 22 23 24 25 26 27 28 for employment based upon the employe's or applicant's individual qual- ifications rather than upon a particular class to which the individual may belong. (3) otherwise, age and properly handicap, In it is foster qualified individuals marital status, the interpretation declared to the and application of this subchapter, and to be the public policy of the state to encour- fullest extent practicable the employment of all orientation, national guard, military forces pursued regardless of age, race, creed, sex, national origin, ancestry, color, sexual conviction record ea~ membership in the or any other reserve component of the or this state or lawful activities premises during nonworking hours. Nothing in an im- this balance for the arrest record, state defense force of the United States off the employer's subsection requires an affirmative action program to correct in the work force. ~"nis subchapter shall be accomplishment of this purpose. liberally construed SECTION 2. 111.321 of the statutes is amended to read: 111.321 PROHIBITED BASES OF DISCRIMINATION. Subject to ss. 111.33 to 111.36, no employer, labor organization, employment agency, licensing agency or other person may engage in any act of employment discriminatioh as specified in s. 111.322 against any individual on the basis of age, race, creed, color, handicap, marital status, sex, national origin, ancestry, arrest record, conviction record ~± membership in the national guard, state defense force or any reserve component of the military forces off the standing lawful activities pursued hours. of the United States or this state or employer's premises during nonworking SECTION 3. 111.35 of the statutes is created to read: Ili.35 LAWFUL ACTIVITIES; EXCEPTIONS AND SPECIAL CASES Notwith- s. 111.322, it ~s not employment discrimination because of lawful T!28700939

2 3 4 5 6 7 8 9 i0 II 1991-92 Legislature -4- LRB-312z/ • GHM : k~ng : a activities pursued off the employer's premises during nonworking hours for a religious associatio~ 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 private profit, to employment an employe compensation or terms, a lawful activity off pursuing that activity association. association not organized fo, refuse to employ an appl~cant, to terminate fro,~ or to discriminate against an employe in promotion, conditions or privileges of employment for pursuing the employer's premises during nonworking hours if violates a principal tenet of that rel~g~ous (End) TI28700940

M. Alice O'Connl~ State Capilol Squa~'e, 22 North Car~'ol! Street. Suite 202, Madison. WI 53703 (608) 251-3232 1.800-373-3234 TI28700941