2023 - 2024 LEGISLATURE
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2023 ASSEMBLY BILL 501
October 18, 2023 - Introduced by Representatives NEUBAUER, SNODGRASS, CABRERA,
RATCLIFF, CLANCY, C. ANDERSON, J. ANDERSON, BALDEH, BARE, CONLEY,
CONSIDINE, DRAKE, EMERSON, HONG, JOERS, MOORE OMOKUNDE, OHNSTAD,
ORTIZ-VELEZ, PALMERI, SHANKLAND, SHELTON, SINICKI and SUBECK, cosponsored
by Senators SPREITZER, CARPENTER, ROYS, AGARD, HESSELBEIN, L. JOHNSON,
LARSON, SMITH and TAYLOR. Referred to Committee on Labor and Integrated
Employment.
1 AN ACT to amend 15.04 (1) (g), 16.765 (1), 16.765 (2), 36.09 (1) (e), 36.11 (3) (a),
2 36.12 (1), 36.29 (1), 38.04 (13) (b), 38.23 (1), 38.23 (4), 47.02 (3m) (f), 48.82 (1)
3 (a), 48.82 (6), 51.90, 66.0125 (3) (a), 66.0125 (3) (c) 1. b., 66.0125 (9), 66.1011 (1),
4 66.1201 (2m), 66.1213 (3), 66.1301 (2m), 66.1331 (2m), 66.1333 (3) (e) 2., 86.195
5 (5) (c), 106.50 (1), 106.50 (1m) (h), 106.50 (1m) (nm), 106.50 (5m) (f) 1., 106.52
6 (3) (a) 1., 106.52 (3) (a) 2., 106.52 (3) (a) 3., 106.52 (3) (a) 4., 106.52 (3) (a) 5.,
7 106.52 (3) (b), 106.52 (3) (c), 106.52 (3) (d), 106.52 (3) (e), 106.58, 111.31 (1),
8 111.31 (2), 111.31 (3), 111.321, 111.36 (title), 111.36 (1) (br), 111.36 (1) (c), 111.36
9 (1) (d) 1., 111.36 (1) (d) 2., 111.36 (2), 111.70 (2), 111.81 (12) (b), 111.85 (2) (b),
10 118.019 (2d), 118.13 (1), 118.20 (1), 118.40 (4) (b) 2., 194.025, 224.77 (1) (o),
11 227.10 (3) (a), 230.01 (2) (b), 230.18, 234.29, 321.37, 440.45 (1), 440.45 (2),
12 452.14 (3) (n), 625.12 (2), 632.35 and 756.001 (3); and to create 106.50 (1m)
13 (kg), 106.52 (1) (cr), 111.32 (7j), 118.13 (1m) and 628.34 (3) (c) of the statutes;
14 relating to: discrimination in employment, housing, public accommodations,
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ASSEMBLY BILL 501
1 education, insurance coverage, national guard, jury duty, and adoption and in
2 the receipt of mental health or vocational rehabilitation services.
Analysis by the Legislative Reference Bureau
This bill prohibits discrimination on the basis of an individual's gender identity
or gender expression, which is defined in the bill as an individual's gender-related
identity, gender-related appearance, gender-related expression, or gender-related
behavior, regardless of the individual's assigned sex at birth or gender identifiers on
official documents issued by a federal, state, or local government agency. The bill also
make changes to various discrimination laws, including all of the following:
1. Current law prohibits discrimination in employment, housing, and the equal
enjoyment of a public place of accommodation or amusement on the basis of a
person's sex or sexual orientation. Current law also requires certain state agencies,
authorities, and corporations to include provisions in contracts they execute obliging
the contractor to similarly not discriminate against any employee or applicant for
employment. This bill adds gender identity or gender expression as a prohibited
basis for discrimination in these areas.
2. Current law prohibits the University of Wisconsin System, the Technical
College System, public elementary and secondary schools, and charter schools from
discriminating against a student on the basis of the student's sex or sexual
orientation. This bill prohibits the same educational institutions from
discriminating against a student on the basis of the student's gender identity or
gender expression, and from discriminating against a student based on the protected
status of the student's parent. This bill also prohibits the UW System Board of
Regents from investing gifts, grants, and bequests in companies that practice
discrimination based on sexual orientation or gender identity or gender expression.
3. Current law prohibits the exclusion of an individual from jury duty on the
basis of the individual's sex or sexual orientation. This bill adds gender identity or
gender expression as a prohibited basis for exclusion of an individual from jury duty.
4. Current law allows only either a single adult or a husband and wife jointly
to adopt a child. This bill allows only either a single individual or two individuals
married to each other jointly to adopt a child, and also provides that no otherwise
qualified person may be denied the benefits of the adoption and guardianship statute
subchapter because of the person's sex, sexual orientation, or gender identity or
gender expression.
5. Current law requires heads of executive departments and agencies to
determine whether there is arbitrary discrimination on the basis of sex or sexual
orientation, and to take remedial action if such discrimination is found. This bill
requires these heads to also determine if there is discrimination on the basis of
gender identity or gender expression, and take remedial action regarding such
discrimination.
6. Current law prohibits discriminating against an employee, prospective
employee, patient, or resident of an approved treatment facility providing treatment
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ASSEMBLY BILL 501
of alcoholic, drug dependent, mentally ill, or developmentally disabled persons on
the basis of sex. This bill adds sexual orientation and gender identity or gender
expression as prohibited bases of discrimination.
7. Current law prohibits agency rules from discriminating against a person by
reason of sex or sexual orientation. This bill adds gender identity or gender
expression as prohibited bases of discrimination.
8. Current law prohibits discrimination on the basis of sex in the provision of
vocational rehabilitation or mental health services. This bill adds sexual orientation
and gender identity or gender expression to the prohibited bases of discrimination.
9. Current law prohibits the national guard or state defense force from denying
membership based on sex or sexual orientation. This bill adds gender identity or
gender expression as a prohibited basis of discrimination. This bill also provides that
no member of the national guard or state defense force may be denied equal access
to facilities most consistent with the person's gender identity.
10. Current law provides that sex is a bona fide occupational qualification if all
of the members of one sex are physically incapable of performing the essential duties
required by a job, or if the essence of the employer's business operation would be
undermined if employees were not hired exclusively from one sex. This bill adds to
the sex as a bona fide occupational qualification law that an individual may not be
treated or regarded inconsistent with the individual's gender identity, or
discriminated against based on the individual's gender identity or gender
expression.
11. Current law allows public places of accommodation or amusement to
provide separate facilities to persons of different sexes. This bill provides that public
places of accommodation or amusement may provide separate facilities to persons
of different sexes, but prohibits those places from denying individuals equal access
to the facilities most consistent with the individual's gender identity.
12. This bill prohibits an insurer from discriminating against an individual on
the basis of age, residence, race, color, creed, religion, national origin, ancestry,
marital status, occupation, gender identity or gender expression, sex, or sexual
orientation, and also prohibits motor carriers, automobile insurers, transportation
network companies, and real estate brokers and salespersons from discriminating
against an individual on the basis of sexual orientation or gender identity or gender
expression.
13. The bill expressly prohibits a school board from discriminating against a
student-led organization because the organization's mission is related to sexual
orientation, gender identity, or gender expression.
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:
1 SECTION 1. 15.04 (1) (g) of the statutes is amended to read:
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ASSEMBLY BILL 501 SECTION 1
1 15.04 (1) (g) Discrimination review. In order to determine whether there is any
2 arbitrary discrimination on the basis of race, religion, national origin, sex, marital
3 status or, gender identity or gender expression, as defined in s. 111.32 (7j), or sexual
4 orientation, as defined in s. 111.32 (13m), examine and assess the statutes under
5 which the head has powers or regulatory responsibilities, the procedures by which
6 those statutes are administered, and the rules promulgated under those statutes.
7 If the department or agency head finds any such discrimination, he or she the agency
8 head shall take remedial action, including making recommendations to the
9 appropriate executive, legislative, or administrative authority.
10 SECTION 2. 16.765 (1) of the statutes is amended to read:
11 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and
12 Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
13 Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin
14 Economic Development Corporation, and the Bradley Center Sports and
15 Entertainment Corporation shall include in all contracts executed by them a
16 provision obligating the contractor not to discriminate against any employee or
17 applicant for employment because of age, race, religion, color, handicap disability,
18 sex, physical condition, developmental disability, as defined in s. 51.01 (5), sexual
19 orientation, as defined in s. 111.32 (13m), gender identity or gender expression, as
20 defined in s. 111.32 (7j), or national origin and, except with respect to sexual
21 orientation or gender identity or gender expression, obligating the contractor to take
22 affirmative action to ensure equal employment opportunities.
23 SECTION 3. 16.765 (2) of the statutes is amended to read:
24 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and
25 Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
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ASSEMBLY BILL 501 SECTION 3
1 Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin
2 Economic Development Corporation, and the Bradley Center Sports and
3 Entertainment Corporation shall include the following provision in every contract
4 executed by them: “In connection with the performance of work under this contract,
5 the contractor agrees not to discriminate against any employee or applicant for
6 employment because of age, race, religion, color, handicap disability, sex, physical
7 condition, developmental disability, as defined in s. 51.01 (5), sexual orientation, as
8 defined in s. 111.32 (13m), gender identity or gender expression, as defined in s.
9 111.32 (7j), or national origin. This provision shall include, but not be limited to, the
10 following: employment, upgrading, demotion or transfer; recruitment or recruitment
11 advertising; layoff or termination; rates of pay or other forms of compensation; and
12 selection for training, including apprenticeship. Except with respect to sexual
13 orientation or gender identity or gender expression, the contractor further agrees to
14 take affirmative action to ensure equal employment opportunities. The contractor
15 agrees to post in conspicuous places, available for employees and applicants for
16 employment, notices to be provided by the contracting officer setting forth the
17 provisions of the nondiscrimination clause". clause."
18 SECTION 4. 36.09 (1) (e) of the statutes is amended to read:
19 36.09 (1) (e) Subject to par. (em), the board shall appoint a president of the
20 system; a chancellor for each institution; a dean for each college campus; the state
21 geologist; the director of the laboratory of hygiene; the director of the psychiatric
22 institute; the state cartographer; and the requisite number of officers, other than the
23 vice presidents, associate vice presidents, and assistant vice presidents of the
24 system; faculty; academic staff; and other employees and fix the salaries, subject to
25 the limitations under par. (j) and s. 230.12 (3) (e), the duties and the term of office
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ASSEMBLY BILL 501 SECTION 4
1 for each. The board shall fix the salaries, subject to the limitations under par. (j) and
2 s. 230.12 (3) (e), and the duties for each chancellor, vice president, associate vice
3 president, and assistant vice president of the system. No sectarian or partisan tests
4 or any tests based upon race, religion, national origin, or sex, gender identity or
5 gender expression, as defined in s. 111.32 (7j), or sexual orientation, as defined in s.
6 111.32 (13m), shall ever be allowed or exercised in the appointment of the employees
7 of the system.
8 SECTION 5. 36.11 (3) (a) of the statutes is amended to read:
9 36.11 (3) (a) The board shall establish the policies for admission within the
10 system and within these policies each institution shall establish specific
11 requirements for admission to its courses of instruction. No sectarian or partisan
12 tests test or any tests test based upon race, color, creed, religion, sex, national origin
13 of U.S. citizens or sex, disability, ancestry, age, sexual orientation, as defined in s.
14 111.32 (13m), gender identity or gender expression, as defined in s. 111.32 (7j),
15 pregnancy, marital status, or parental status shall ever be allowed in the admission
16 of students thereto a student to any service, course, program, or facility of the system
17 or any of its institutions.
18 SECTION 6. 36.12 (1) of the statutes is amended to read:
19 36.12 (1) No student may be denied admission to, participation in, or the
20 benefits of, or be discriminated against in, any service, program, course, or facility
21 of the system or its institutions because of the student's race, color, creed, religion,
22 sex, national origin, disability, ancestry, age, sexual orientation, as defined in s.
23 111.32 (13m), gender identity or gender expression, as defined in s. 111.32 (7j),
24 pregnancy, marital status, or parental status of the student or of the student's
25 parent.
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ASSEMBLY BILL 501 SECTION 7
1 SECTION 7. 36.29 (1) of the statutes is amended to read:
2 36.29 (1) All gifts, grants, and bequests for the benefit or advantage of the
3 system or any of its institutions, departments, or facilities or to provide any means
4 of instruction, illustration, or knowledge in connection therewith, whether made to
5 trustees or otherwise, shall be valid notwithstanding any other provision of this
6 chapter except as otherwise provided in this subsection and shall be executed and
7 enforced according to the provisions of the instrument making the same, including
8 all provisions and directions in any such instrument for accumulation of the income
9 of any fund or rents and profits of any real estate without being subject to the
10 limitations and restrictions provided by law in other cases; but no such income
11 accumulation shall be allowed to produce a fund more than 20 times as great as that
12 originally given. No investment of the funds of such gifts, grants, or bequests shall
13 knowingly be made in any company, corporation, subsidiary, or affiliate that
14 practices or condones through its actions discrimination on the basis of race, religion,
15 color, creed, or sex, gender identity or gender expression, as defined in s. 111.32 (7j),
16 or sexual orientation, as defined in s. 111.32 (13m). Except as otherwise provided in
17 this section, the board may invest not to exceed 85 percent of trust funds held and
18 administered by the board in common stocks. This subsection does not apply to a gift,
19 grant, or bequest that the board declines to accept or that the board is not authorized
20 to accept under this section.
21 SECTION 8. 38.04 (13) (b) of the statutes is amended to read:
22 38.04 (13) (b) No person may, on the ground of sex, gender identity or gender
23 expression, as defined in s. 111.32 (7j), sexual orientation, as defined in s. 111.32
24 (3m), age, race, color, religion, or national origin, be excluded from participating in,
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