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1991-92 Legislature STATE OF WISCONSIN LRB-4550/I GMM: skg: lj d 1991 SENATE BILL 292 October 8, 1991 - Introduced by Senators VAN SISTINE and RUDE; cosponsored by Representatives CLARENBACH, HOLSCHBACH, HAUKE, HAMILTON, TRAVIS, MUSSER and JOHNSRUD. Referred to Committee on Tourism, Commerce, Labor, Veterans' and Military Affairs. 1 2 3 4 AN ACT to statutes, basis of amend 111.31 (I) to (3) and 111.321; and to create 111.35 of the relating to prohibiting employment discrimination on the 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 111.31 (I) to (3) of the statutes are amended to read: The legislature finds that the practice of unfair dis- against properly qualified individuals by reason T!28701134

1991-92 Legislature -2- LRB-4550/I GMM:skg:ljd i 2 3 4 6 7 8 9 I0 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of ~ age, race, creed, color, handicap, origin, ancestry, sexual orientation, arrest membership in the national guard, state component lawful activities hours substantially state. Employers, marital status, sex, national record, conviction record defense force or any other reserve of the military forces of the United States or this state or pursued off the employer's premises during nonworking and adversely affects the general welfare of the labor organizations, employment agencies and licensing agencies ~ that deny employment age, race, ancestry, membership component employment opportunities and discriminate in against properly qualified individuals solely because creed, color, handicap, sexual orientation, in the national guard, marital status, sex, national origin, arrest record, conviction record ea~m state defense force or any other reserve of the military lawful activities pursued off the employer's premises hours deprive those individuals of the earnings ~ to maintain a just and decent standard of living. of free from handicap, orientation, arrest record, national guard, state defense military forces pursued off the encourage the sources of the people of the this subchapter forces of the United States of this state or during nonworking that are necessary (2) It is the intent of the legislature to protect by law the rights all individuals to obtain gainful employment and to enjoy privileges employment discrimination because of age, race, creed, color, marital status, sex, national origin, ancestry, sexual conviction record e~± membership in the force or any other reserve component of the of the United States or this state or lawful activities employer's premises during nonworking hours, and to full, nondiscriminatory utilization of the productive re- state to the benefit of the state, the family and all the state. It is the intent of the legislature in promulgating to encourage employers to evaluate an employe or applicant TI28701135

1991-92 Legislature -3- LRB-4550/1 6MM: skg: lj d 1 2 3 4 5 6 7 8 9 I0 Ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 for ifications belong. (3) In otherwise, it age and foster employment based upon the employe's or applicant's individual qual- rather than upon a particular class to which the individual may the interpretation and application of this subchapter, and is declared to be the public policy of to the fullest extent practicable the state to encour- the employment of all properly qualified handicap, marital orientation, arrest individuals status, record, regardless of age, race, creed, color, sex, national origin, ancestry, sexual 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 during nonworking hours. Nothing in this subsection requires an affirmative action program to correct an im- balance in the work force. This subchapter shall be liberally construed 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 as. 111.33 to 111.36, no employer, labor organization, employment agency, licensing agency or other person may engage in any act of ~mployment discrimination 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 e~ membership in the national guard, state defense force or any 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. SECTION 3. 111.35 of the statutes is created to read: 111.35 standing LAWFUL ACTIVITIES; EXCEPTIONS AND SPECIAL CASES. Notwith- ii1.322, it is not employment discrimination because of lawful Ti28701136

1991-92 Legislature -4- 1 2 3 4 6 7 8 9 I0 ii marily owned or private profit, 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- controlled by a religious association not organized for 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 a lawful pursuing association. activity off the employer's premises during nonworking that activity violates a principal tenet of that (End) pursuing hours if religious TI28701137