LRB-4577/1
KRP&GMM:emw
2015 - 2016 LEGISLATURE
March 3, 2016 - Introduced by Representatives Sargent, Brostoff, Johnson,
Considine and Berceau, cosponsored by Senator C. Larson. Referred to
Committee on Workforce Development.
AB970,1,3 1An Act to amend 111.31 (1), 111.31 (2), 111.31 (3) and 111.321; and to create
2111.32 (12i) and 111.363 of the statutes; relating to: employment
3discrimination based on personal health care choices.
Analysis by the Legislative Reference Bureau
This bill prohibits employment discrimination based on personal health care
choices. Current law prohibits discrimination in employment on the basis of age,
race, creed, color, disability, marital status, sex, national origin, ancestry, sexual
orientation, arrest record, conviction record, military service, use or nonuse of a
lawful product off the employer's premises during nonworking hours, or declining to
attend a meeting or to participate in any communication about religious or political
matters. The bill adds personal health care choices to that list.
The bill specifies that employment discrimination because of personal health
care choices includes an employer, labor organization, employment agency, licensing
agency, or other person refusing to hire, employ, admit, or license an individual,
barring or terminating an individual from employment, membership, or licensure,
or discriminating against an individual in promotion, in compensation, or in the
terms, conditions, or privileges of employment because of any personal health care
choices made or contemplated by or on behalf of the individual or a family member
of the individual.
Under the bill, "personal health care choices" includes decisions made by or on
behalf of an individual or a family member of an individual related to pregnancy,
contraception, and reproductive health, including a decision to use or access, or to
refrain from the use or access of, a particular drug, device, or medical service.

For further information see the state 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:
AB970,1 1Section 1. 111.31 (1) of the statutes is amended to read:
AB970,2,182 111.31 (1) The legislature finds that the practice of unfair discrimination in
3employment against properly qualified individuals by reason of their age, race,
4creed, color, disability, marital status, sex, national origin, ancestry, sexual
5orientation, personal health care choices, arrest record, conviction record, military
6service, use or nonuse of lawful products off the employer's premises during
7nonworking hours, or declining to attend a meeting or to participate in any
8communication about religious matters or political matters, substantially and
9adversely affects the general welfare of the state. Employers, labor organizations,
10employment agencies, and licensing agencies that deny employment opportunities
11and discriminate in employment against properly qualified individuals solely
12because of their age, race, creed, color, disability, marital status, sex, national origin,
13ancestry, sexual orientation, personal health care choices, arrest record, conviction
14record, military service, use or nonuse of lawful products off the employer's premises
15during nonworking hours, or declining to attend a meeting or to participate in any
16communication about religious matters or political matters, deprive those
17individuals of the earnings that are necessary to maintain a just and decent standard
18of living.
AB970,2 19Section 2. 111.31 (2) of the statutes is amended to read:
AB970,3,1120 111.31 (2) It is the intent of the legislature to protect by law the rights of all
21individuals to obtain gainful employment and to enjoy privileges free from

1employment discrimination because of age, race, creed, color, disability, marital
2status, sex, national origin, ancestry, sexual orientation, personal health care
3choices,
arrest record, conviction record, military service, use or nonuse of lawful
4products off the employer's premises during nonworking hours, or declining to
5attend a meeting or to participate in any communication about religious matters or
6political matters, and to encourage the full, nondiscriminatory utilization of the
7productive resources of the state to the benefit of the state, the family, and all the
8people of the state. It is the intent of the legislature in promulgating this subchapter
9to encourage employers to evaluate an employee or applicant for employment based
10upon the individual qualifications of the employee or applicant rather than upon a
11particular class to which the individual may belong.
AB970,3 12Section 3. 111.31 (3) of the statutes is amended to read:
AB970,3,2313 111.31 (3) In the interpretation and application of this subchapter, and
14otherwise, it is declared to be the public policy of the state to encourage and foster
15to the fullest extent practicable the employment of all properly qualified individuals
16regardless of age, race, creed, color, disability, marital status, sex, national origin,
17ancestry, sexual orientation, personal health care choices, arrest record, conviction
18record, military service, use or nonuse of lawful products off the employer's premises
19during nonworking hours, or declining to attend a meeting or to participate in any
20communication about religious matters or political matters. Nothing in this
21subsection requires an affirmative action program to correct an imbalance in the
22work force. This subchapter shall be liberally construed for the accomplishment of
23this purpose.
AB970,4 24Section 4. 111.32 (12i) of the statutes is created to read:
AB970,4,4
1111.32 (12i) "Personal health care choices" includes decisions made by or on
2behalf of an individual or a family member of an individual related to pregnancy,
3contraception, and reproductive health, including a decision to use or access, or to
4refrain from the use or access of, a particular drug, device, or medical service.
AB970,5 5Section 5. 111.321 of the statutes is amended to read:
AB970,4,14 6111.321 Prohibited bases of discrimination. Subject to ss. 111.33 to
7111.365, no employer, labor organization, employment agency, licensing agency, or
8other person may engage in any act of employment discrimination as specified in s.
9111.322 against any individual on the basis of age, race, creed, color, disability,
10marital status, sex, national origin, ancestry, sexual orientation, personal health
11care choices,
arrest record, conviction record, military service, use or nonuse of lawful
12products off the employer's premises during nonworking hours, or declining to
13attend a meeting or to participate in any communication about religious matters or
14political matters.
AB970,6 15Section 6. 111.363 of the statutes is created to read:
AB970,4,23 16111.363 Personal health care choices; exceptions and special cases.
17Employment discrimination because of personal health care choices includes an
18employer, labor organization, licensing agency, employment agency, or other person
19refusing to hire, employ, admit, or license an individual, barring or terminating an
20individual from employment, membership, or licensure, or discriminating against
21an individual in promotion, in compensation, or in the terms, conditions, or
22privileges of employment because of any personal health care choices made or
23contemplated by or on behalf of the individual or a family member of the individual.
AB970,7 24Section 7. Initial applicability.
AB970,5,4
1(1) This act first applies to an employee who is affected by a collective
2bargaining agreement that contains provisions inconsistent with this act on the day
3on which the collective bargaining agreement expires or is extended, modified, or
4renewed, whichever occurs first.
AB970,5,55 (End)
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