Tobacco Documents Online

DeV~ITT~ PORTER, HUGGETT, SCHUMACHER & MORGAN, S.C. MEMORANDTIM Michael Brozek F~om: Anthony Varda Date: January 31, 1991 Re: Anti-Discrimination Language Below are set forth a few alternative forms of possible anti- discrimination language. Amend §111.31 to read: 111.31 Declaration of policy. (1) The legislature finds that the practice of unfair discrimination in employment against properly qualified individuals by reason of their age, race, creed, color, handicap, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record~ non-employment relatgd personal aetivitie.s or membership in the national guard, state defense force or any other reserve component of the military forces of the United States or this state, state substantially and" adversely affects the general welfare of the state. Employers, labor organizations, employment agencies and licensing agencies which deny employment opportunities and discriminate in employment against properly qualified individuals solely because of their age, race, creed, color, handicap, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, non-employmenl related personal activities or membership in the national guard, state defense force or any otherreserve component of the military forces of the United States of this state, deprive those individuals of the earnings which 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, race, creed, color, handicap, marital status, sex, national origin, ancestry, sexual orientation, arrest record, convictionreeord,non-employment related personal activities, membership in the national guard, state defense force or any other reserve component of the military forces of the United States or this state, 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 employe or applicant for employment based upon TI2870"I 062

the employe's or applicant's individual qualifications rather than upon a particular class to which the individual may belong. (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 the age, race, creed, color, handicap, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record1 .non-employment related personal activities, membership in the national guard, state defense force or any other reserve component of the military forces of the United States 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. Create §111.320 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 that the individual is a smoker or a nonsmoker. Nothing in this section shall affect or prohibit any restriction or prohibition upon smoking in the workplace. Amend §111.322 to read: 111.32 Discriminatory actions prohibited. Subject to ss. 111.33 to 111.36, it is an act of employment discrimination to do a.ny of the following: (1) To refuse to hire, employ, admit or license any individual, to bar or terminate from employment or labor organization membership any individual.,, or to discriminate against any individual in promotion, compensation or in terms, conditions or privileges of employment or labor organization membership because of any basis enumerated in ss. 111.320 or 111.321. (2) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment or to make any inquiry in connection with prospective employment, which implies or expresses any limitation, specification or discrimination with respect to an individual or any intent to make such limitation, specification or discrimination because of any basis enumerated in ss.. 111.320 or 111.321. (3) To discharge or otherwise discriminate against any individual because he or she has opposed any discriminatory practice under this ~ubchapter or because he or she has made a complaint, testified or assisted in any proceeding under this subchapter. TI28701063