What the statutes mean

• You may not discriminate against any individual on the basis of

– age
– race
– creed
– color
– handicap
– marital status
– sex
– national origin
– ancestry
– arrest record
– conviction record
– membership in the military reserves

• You may not discriminate against any individual because of their use or non-use of a lawful product off the employer’s premises during nonworking hours. This means that you can not refuse to hire a person because they refuse chiropractic services.

• You many not discriminate against a person over 40 years of age. However it is not discrimination to do any of the following:

– To fire an individual that is physically or otherwise unable to perform his or her duties.
– To implement a retirement plan as long as the plan is not a subterfuge to evade the law.
– To apply varying insurance coverage according to an employee’s age.
– To recognize that age may be a factor for some positions in which the knowledge and experience to be gained is required for future advancement to a managerial position.

Discrimination is any of the following:

• Refusing to hire an individual based on any of the above factors.
• Differences in promotion based on any of the above factors.
• Differences in the amount or terms of compensation based on any of the above factors.
• Differences in work conditions or privileges based on any of the above factors.
• Advertising or making a statement that you intend to use any of the above factors as part of your hiring decision.
• Using an application form listing any of the above factors.
• Firing an employee because they filed a complaint or attempted to enforce their rights under the family leave act, open records act, recovery of past due wages, improper wage deductions, paying less than the minimum wage, or failure to pay wages on a timely basis.

Statute excerpts

111.32 Definitions. When used in this subchapter:

111.32(1) “Arrest record” includes, but is not limited to, information indicating that an individual has been questioned, apprehended, taken into custody or detention, held for investigation, arrested, charged with, indicted or tried for any felony, misdemeanor or other offense pursuant to any law enforcement or military authority.

111.32(2) “Commission” means the labor and industry review commission.

111.32(3) “Conviction record” includes, but is not limited to, information indicating that an individual has been convicted of any felony, misdemeanor or other offense, has been adjudicated delinquent, has been less than honorably discharged, or has been placed on probation, fined, imprisoned, placed on extended supervision or paroled pursuant to any law enforcement or military authority.

111.32(3m) “Creed” means a system of religious beliefs, including moral or ethical beliefs about right and wrong, that are sincerely held with the strength of traditional religious views.

111.32(4) “Department” means the department of workforce development.

111.32(5) “Employee” does not include any individual employed by his or her parents, spouse or child.

111.32(6)(a) “Employer” means the state and each agency of the state and, except as provided in par. (b), any other person engaging in any activity, enterprise or business employing at least one individual. In this subsection, “agency” means an office, department, independent agency, authority, institution, association, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts.

111.32(6)(b) “Employer” does not include a social club or fraternal society under ch. 188 with respect to a particular job for which the club or society seeks to employ or employs a member, if the particular job is advertised only within the membership.

111.32(7) “Employment agency” means any person, including this state, who regularly undertakes to procure employees or opportunities for employment for any other person.

111.32(7m) “Genetic testing” means a test of a person’s genes, gene products or chromosomes, for abnormalities or deficiencies, including carrier status, that are linked to physical or mental disorders or impairments, or that indicate a susceptibility to illness, disease, impairment or other disorders, whether physical or mental, or that demonstrate genetic or chromosomal damage due to environmental factors.

111.32(8) “Individual with a disability” means an individual who:

111.32(8)(a) Has a physical or mental impairment which makes achievement unusually difficult or limits the capacity to work;

111.32(8)(b) Has a record of such an impairment; or

111.32(8)(c) Is perceived as having such an impairment.

111.32(9) “Labor organization” means:

111.32(9)(a) Any organization, agency or employee representation committee, group, association or plan in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours or other terms or conditions of employment; or

111.32(9)(b) Any conference, general committee, joint or system board or joint council which is subordinate to a national or international committee, group, association or plan under par. (a).

111.32(10) “License” means the whole or any part of any permit, certificate, approval, registration, charter or similar form of permission required by a state or local unit of government for the undertaking, practice or continuation of any occupation or profession.

111.32(11) “Licensing agency” means any board, commission, committee, department, examining board, affiliated credentialing board or officer, except a judicial officer, in the state or any city, village, town, county or local government authorized to grant, deny, renew, revoke, suspend, annul, withdraw or amend any license.

111.32(12) “Marital status” means the status of being married, single, divorced, separated or widowed.

111.32(12m) “Religious association” means an organization, whether or not organized under ch. 187, which operates under a creed.

111.32(13) “Sexual harassment” means unwelcome sexual advances, unwelcome requests for sexual favors, unwelcome physical contact of a sexual nature or unwelcome verbal or physical conduct of a sexual nature. “Sexual harassment” includes conduct directed by a person at another person of the same or opposite gender. “Unwelcome verbal or physical conduct of a sexual nature” includes but is not limited to the deliberate, repeated making of unsolicited gestures or comments of a sexual nature; the deliberate, repeated display of offensive sexually graphic materials which is not necessary for business purposes; or deliberate verbal or physical conduct of a sexual nature, whether or not repeated, that is sufficiently severe to interfere substantially with an employee’s work performance or to create an intimidating, hostile or offensive work environment.

111.32(13m) “Sexual orientation” means having a preference for heterosexuality, homosexuality or bisexuality, having a history of such a preference or being identified with such a preference.

111.32(13r) “Unfair genetic testing” means any test or testing procedure that violates s. 111.372.

111.32(14) “Unfair honesty testing” means any test or testing procedure which violates s. 111.37.

Prohibited areas of discrimination.

111.321 Subject to ss. 111.33 to 111.36, 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 of age, race, creed, color, handicap, marital status, sex, national origin, ancestry, arrest record, conviction record, membership in the national guard, state defense force or any reserve component of the military forces of the United States or this state or use or non-use of lawful products off the employer’s premises during nonworking hours.

Discriminatory actions prohibited.

111.322 It is an act of employment discrimination to do any 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 s. 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 s. 111.321.

111.322(2m) To discharge or otherwise discriminate against any individual because of any of the following:

111.322(2m)(a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.455, 103.50, 104.12, 109.03, 109.07 or 109.075 or ss. 101.58 to 101.599 or 103.64 to 103.82.

111.322(2m)(b) The individual testifies or assists in any action or proceeding held under or to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.455, 103.50, 104.12, 109.03, 109.07 or 109.075 or ss. 101.58 to 101.599 or 103.64 to 103.82.

111.322(2m)(c) The individual files a complaint or attempts to enforce a right under s. 66.293 or 103.49 or testifies or assists in any action or proceeding under s. 66.293 or 103.49.

111.322(2m)(d) The individual’s employer believes that the individual engaged or may engage in any activity described in pars. (a) to (c).

111.322(3) To discharge or otherwise discriminate against any individual because he or she has opposed any discriminatory practice under this subchapter or because he or she has made a complaint, testified or assisted in any proceeding under this subchapter.

Age discrimination.

111.33 (1) The prohibition against employment discrimination on the basis of age applies only to discrimination against an individual who is age 40 or over. (2) Notwithstanding sub. (1) and s. 111.322, it is not employment discrimination because of age to do any of the following:

(a) To terminate the employment of any employee physically or otherwise unable to perform his or her duties.

(b) To implement the provisions of any retirement plan or system of any employer if the retirement plan or system is not a subterfuge to evade the purposes of this subchapter. No plan or system may excuse the failure to hire, or require or permit the involuntary retirement of, any individual under sub. (1) because of that individual’s age.

(f) To apply varying insurance coverage according to an employee’s age.

(g) To exercise an age distinction with respect to hiring an individual to a position in which the knowledge and experience to be gained is required for future advancement to a managerial or executive position.

(h) To exercise an age distinction with respect to employment in which the employee is exposed to physical danger or hazard, including, without limitation because of enumeration, certain employment in law enforcement or fire fighting.