Tobacco Documents Online

1989-90 Legislature STATE OF WISCONSIN ASSF~LY A~ND~[ENT TO 1989 ASSEMBLY BILL 129 LRBa0542/2 JJS:kmg:km I 3 4 5 6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 20 At the locations indicaKed, amend the bill as follows: i,. Page I,. line 7~ after "law" insert: ", prohibiting employment discrimination on the basis of tobacco smoking". 2, Page. 5, line 4: after that line insert: "SECTION 16g. 111.31 (i) to (3) of the statutes are amended to read: 111.31 (i) The legislature finds that the practice of unfair dis- crimination 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, c~nviction record~ us~ or nonuse of tobacco for smoking or membership in the national guard, state defense force or any o~her reserve component of the military forces of the United States or this skate substantially and adversely affects ,the general welfare of the state. Employers, labor organizations, employmen= 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 orientaKion~ arrest record, conviction record, use or nonuse of tobacco for smokin~ or membership in the national guard, state defense force or an}- oKher reserve component of the military forces of the United Sta=es of this state deprive those individuals of the TI28732931

1989-90 Legislature -2- LRBaOS&.2/2 JJS :king:kin 1 earnings which are necessary to maintain a just and decen= standard of 2 living. 3 (2) I= is the intent of the legislature to protect by law =he rights 4 of all individuals ~o obtain gainful employment and to enjoy privileges 5 free from employment discrimination because of age, race, creed, color, 6 handicap, marital status, sex, national origin, ancestry, sexual 7 orientation, arrest record, conviction record, use or nonuse of tobacdo 8 for smokin~ or membership in the national guard, state defense force or 9 any other reserve component of the military forces of the United States or i0 this state, and to encouragethe full, nondiscriminatory utilization of II the productive resources of the state to the benefit of the state, the 12 family and all the people of the state. It is the intent of the legis- 13 lature in promulgating this subchapter to encourage employers to evaluate 14 an employe or applicant for employment based upon the employe's or appli- 15 cent's individual qualifications rather than upon a particular class to 16 which the individual may belong. 17 (3) In the interpretation Jand application of this subchapter, and 18 otherwise, it is declared to be the public policy of the state to encour- 19 age and foster to the fullest extent practicable the employment of all 20 properly qualified individuals regardless of age, race, creed, color, 21 handicap, marital status, sex, national origin, ancestry, sexual 22 orientation, arrest record, conviction record~ use or nonuse of tobacco 23 for smoking or membership in the national guard, state defense force or 24 any other reserve component of the military forces of the United States or 25 this state. Nothing in this subsection-requires an affirmative action 26 program to correct an imbalance in the work force. This subchapter shall be liberally, construed for the accomplishmentof this purpose. 28 SECTION 16m~ 111.32 (13p) of the statutes is created to read: T!28732932

1989-90 Legislanure -3- LRBa0542/2 JJS:kmg:km I 111.32 (13p) "Smoking" means carrying a lighted cigar, cigarette, 2 pipe or any ocher ligh=ed smoking equipment. 3 SECTION 16t. 111.321 of the statu=es is amended to read: 4 111.321 PROHIBITED BASES OF DISCRIMINATION. Subjec= =o ss. 111.33 ~o 5 111.36, no employer, labor organization, employment agency, licensing 6 agency or other person may engage in any act of employment discrimination 7 as specified in s. 111.322 against any individual on the basis of age, 8 race, creed, color, handicap, marital status, sex, national origin, 9 ancestry, arrest record, conviction record~ use or nonuse of tobacco for I0 smoking or memblrship in the national guard, state defense force or any ii resErvecomp0nent of the military forbes Of the United States or this 12 state. 13 SECTION 16v. 111.355 of the statutes is created to read: 14 111.355 SMOKING~ EXCEPTION. Notwithstanding s. 111.322, it is not an 15 act of employment discrimination to take reasonable disciplinary measures 16 against an employe for smoking tobacco in an area where smoking is pro- 17 hibited under s. 101.123." 18 (End) Ti28732933