discrimination in employment, housing, public accommodations, education, insurance coverage, national guard, jury duty, and adoption and in the receipt of mental health or vocational rehabilitation services

Wisconsin Legislature: AB220: Bill Text

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AB220: Bill Text

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2025 - 2026 LEGISLATURE
LRB-2811/1
MIM&FFK:emw
2025 ASSEMBLY BILL 220
April 23, 2025 - Introduced by Representatives
Phelps
,
Neubauer
,
Arney
,
Clancy
,
Cruz
,
Rivera-Wagner
,
Snodgrass
,
Stroud
,
Udell
,
Anderson
,
Bare
,
Billings
,
Brown
,
DeSmidt
,
Emerson
,
Fitzgerald
,
Hong
,
Joers
,
Johnson
,
Kirsch
,
Madison
,
Mayadev
,
Miresse
,
Moore Omokunde
,
Ortiz-Velez
,
Palmeri
,
Sinicki
,
Subeck
and
Tenorio
, cosponsored by Senators
Spreitzer
,
Ratcliff
,
Carpenter
,
Dassler-Alfheim
,
Roys
,
Drake
,
Hesselbein
,
Keyeski
,
Larson
and
Smith
. Referred to Committee on Workforce Development, Labor, and Integrated Employment.
AB220,2,4
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
4
(1), 66.1201 (2m), 66.1213 (3), 66.1301 (2m), 66.1331 (2m), 66.1333 (3) (e) 2.,
5
86.195 (5) (c), 106.50 (1), 106.50 (1m) (h), 106.50 (1m) (nm), 106.50 (5m) (f) 1.,
6
106.52 (3) (a) 1., 106.52 (3) (a) 2., 106.52 (3) (a) 3., 106.52 (3) (a) 4., 106.52 (3)
7
(a) 5., 106.52 (3) (b), 106.52 (3) (c), 106.52 (3) (d), 106.52 (3) (e), 106.58, 111.31
8
(1), 111.31 (2), 111.31 (3), 111.321, 111.36 (title), 111.36 (1) (br), 111.36 (1) (c),
9
111.36 (1) (d) 1., 111.36 (1) (d) 2., 111.36 (2), 111.70 (2), 111.81 (12) (b), 111.85
10
(2) (b), 118.019 (2d), 118.13 (1), 118.20 (1), 118.40 (4) (b) 2., 194.025, 224.77 (1)
11
(o), 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);
to create
106.50 (1m) (kf),
13
106.50 (1m) (kg), 106.52 (1) (cp), 106.52 (1) (cr), 111.32 (7h), 111.32 (7j), 118.13
1
(1m) and 628.34 (3) (c) of the statutes;
relating to:
discrimination in
2
employment, housing, public accommodations, education, insurance coverage,
3
national guard, jury duty, and adoption and in the receipt of mental health or
4
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. The bill defines “gender identity” as an individual’s internal, deeply held knowledge or sense of their own gender, regardless of the individual’s sex assigned at birth or gender identifiers on official governmental documents, and “gender expression” as an individual’s gender-related appearance or behavior, or the perception of that appearance or behavior, regardless of whether it is stereotypically associated with the individual’s sex assigned at birth. 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. The bill adds gender identity and gender expression as prohibited bases 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. The 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. The bill also prohibits the UW System Board of Regents from investing gifts, grants, and bequests in companies that practice discrimination based on sexual orientation, 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. The bill adds gender identity and gender expression as a prohibited bases 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. The 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, 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. The bill requires these heads to also determine if there is discrimination on the basis of gender identity or gender expression and to 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 of alcoholic, drug dependent, mentally ill, or developmentally disabled persons on the basis of sex. The bill adds sexual orientation, gender identity, and 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. The bill adds gender identity and 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. The bill adds sexual orientation, gender identity, and gender expression as prohibited bases of discrimination.
9. Current law prohibits the national guard or state defense force from denying membership based on sex or sexual orientation. The bill adds gender identity and gender expression as prohibited bases of discrimination. The 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. The 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. The 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. The 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, 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, 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:
AB220,1
1
Section
1
.
15.04 (1) (g) of the statutes is amended to read:
AB220,3,11
2
15.04
(1)
(g)
Discrimination review.
In order to determine whether there is
3
any arbitrary discrimination on the basis of race, religion, national origin, sex,
4
marital status
or
, gender identity, as defined in s. 111.32 (7j), gender expression, as
5
defined in s. 111.32 (7h), or
sexual orientation
,
as defined in s. 111.32 (13m),
6
examine and assess the statutes under which the head has powers or regulatory
7
responsibilities, the procedures by which those statutes are administered
,
and the
8
rules promulgated under those statutes. If the department or agency head finds
9
any such discrimination,
he or she

the agency head
shall take remedial action,
10
including making recommendations to the appropriate executive, legislative
,
or
11
administrative authority.
AB220,2
12
Section
2
.
16.765 (1) of the statutes is amended to read:
AB220,4,7
13
16.765
(1)
Contracting agencies, the University of Wisconsin Hospitals and
14
Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
15
Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin
16
Economic Development Corporation, and the Bradley Center Sports and
17
Entertainment Corporation shall include in all contracts executed by them a
1
provision obligating the contractor not to discriminate against any employee or
2
applicant for employment because of age, race, religion, color,
handicap

disability
,
3
sex, physical condition, developmental disability
,
as defined in s. 51.01 (5), sexual
4
orientation
,
as defined in s. 111.32 (13m),
gender identity, as defined in s. 111.32
5
(7j), gender expression, as defined in s. 111.32 (7h),
or national origin and, except
6
with respect to sexual orientation
, gender identity, or gender expression
, obligating
7
the contractor to take affirmative action to ensure equal employment opportunities.
AB220,3
8
Section
3
.
16.765 (2) of the statutes is amended to read:
AB220,5,4
9
16.765
(2)
Contracting agencies, the University of Wisconsin Hospitals and
10
Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
11
Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin
12
Economic Development Corporation, and the Bradley Center Sports and
13
Entertainment Corporation shall include the following provision in every contract
14
executed by them: “In connection with the performance of work under this contract,
15
the contractor agrees not to discriminate against any employee or applicant for
16
employment because of age, race, religion, color,
handicap

disability
, sex, physical
17
condition, developmental disability
,
as defined in s. 51.01 (5), sexual orientation
, as
18
defined in s. 111.32 (13m), gender identity, as defined in s. 111.32 (7j), gender
19
expression, as defined in s. 111.32 (7h),
or national origin. This provision shall
20
include
, but not be limited to, the following:
employment, upgrading, demotion or
21
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay
22
or other forms of compensation; and selection for training, including apprenticeship.
23
Except with respect to sexual orientation
, gender identity, or gender expression
, the
1
contractor further agrees to take affirmative action to ensure equal employment
2
opportunities. The contractor agrees to post in conspicuous places, available for
3
employees and applicants for employment, notices to be provided by the contracting
4
officer setting forth the provisions of the nondiscrimination
clause”.

clause.”
AB220,4
5
Section
4
.
36.09 (1) (e) of the statutes is amended to read:
AB220,5,19
6
36.09
(1)
(e) Subject to par. (em), the board shall appoint a president of the
7
system; a chancellor for each institution; a dean for each college campus; the state
8
geologist; the director of the laboratory of hygiene; the director of the psychiatric
9
institute; the state cartographer; and the requisite number of officers, other than
10
the vice presidents, associate vice presidents, and assistant vice presidents of the
11
system; faculty; academic staff; and other employees and fix the salaries, subject to
12
the limitations under par. (j) and s. 230.12 (3) (e), the duties and the term of office
13
for each. The board shall fix the salaries, subject to the limitations under par. (j)
14
and s. 230.12 (3) (e), and the duties for each chancellor, vice president, associate
15
vice president, and assistant vice president of the system. No sectarian or partisan
16
tests or any tests based upon race, religion, national origin,
or
sex
, gender identity,
17
as defined in s. 111.32 (7j), gender expression, as defined in s. 111.32 (7h), or sexual
18
orientation, as defined in s. 111.32 (13m),
shall ever be allowed or exercised in the
19
appointment of the employees of the system.
AB220,5
20
Section
5
.
36.11 (3) (a) of the statutes is amended to read:
AB220,6,6
21
36.11
(3)
(a) Subject to sub. (3m), the board shall establish the policies for
22
admission within the system and within these policies each institution shall
23
establish specific requirements for admission to its courses of instruction. No
1
sectarian or partisan
tests

test
or any
tests

test
based upon race,
color, creed,

2
religion,
sex,
national origin
of U.S. citizens or sex
, disability, ancestry, age, sexual
3
orientation, as defined in s. 111.32 (13m), gender identity, as defined in s. 111.32
4
(7j), gender expression, as defined in s. 111.32 (7h), pregnancy, marital status, or
5
parental status
shall ever be allowed in the admission of
students thereto

a student
6
to any service, course, program, or facility of the system or any of its institutions
.
AB220,6
7
Section
6
.
36.12 (1) of the statutes is amended to read:
AB220,6,14
8
36.12
(1)
No student may be denied admission to, participation in
,
or the
9
benefits of, or be discriminated against in
,
any service, program, course
,
or facility
10
of the system or its institutions because of the
student’s
race, color, creed, religion,
11
sex, national origin, disability, ancestry, age, sexual orientation,
as defined in s.
12
111.32 (13m), gender identity, as defined in s. 111.32 (7j), gender expression, as
13
defined in s. 111.32 (7h),
pregnancy, marital status
,
or parental status
of the
14
student or of the student’s parent
.
AB220,7
15
Section
7
.
36.29 (1) of the statutes is amended to read:
AB220,7,11
16
36.29
(1)
All gifts, grants, and bequests for the benefit or advantage of the
17
system or any of its institutions, departments, or facilities or to provide any means
18
of instruction, illustration, or knowledge in connection therewith, whether made to
19
trustees or otherwise, shall be valid notwithstanding any other provision of this
20
chapter except as otherwise provided in this subsection and shall be executed and
21
enforced according to the provisions of the instrument making the same, including
22
all provisions and directions in any such instrument for accumulation of the income
23
of any fund or rents and profits of any real estate without being subject to the
1
limitations and restrictions provided by law in other cases; but no such income
2
accumulation shall be allowed to produce a fund more than 20 times as great as
3
that originally given. No investment of the funds of such gifts, grants, or bequests
4
shall knowingly be made in any company, corporation, subsidiary, or affiliate that
5
practices or condones through its actions discrimination on the basis of race,
6
religion, color, creed,
or
sex
, gender identity, as defined in s. 111.32 (7j), gender
7
expression, as defined in s. 111.32 (7h), or sexual orientation, as defined in s. 111.32
8
(13m)
. Except as otherwise provided in this section, the board may invest not to
9
exceed 85 percent of trust funds held and administered by the board in common
10
stocks. This subsection does not apply to a gift, grant, or bequest that the board
11
declines to accept or that the board is not authorized to accept under this section.
AB220,8
12
Section
8
.
38.04 (13) (b) of the statutes is amended to read:
AB220,7,18
13
38.04
(13)
(b) No person may, on the ground of sex,
gender identity, as defined
14
in s. 111.32 (7j), gender expression, as defined in s. 111.32 (7h), sexual orientation,
15
as defined in s. 111.32 (13m),
age, race, color, religion
,
or national origin, be
16
excluded from participating in, be denied the benefits of, or be subjected to
17
discrimination under any program or activity funded in whole or in part with funds
18
made available under this subsection.
AB220,9
19
Section
9
.
38.23 (1) of the statutes is amended to read:
AB220,8,3
20
38.23
(1)
No student may be denied admission to, participation in
,
or the
21
benefits of, or be discriminated against in
,
any service, program, course
,
or facility
22
of the board or any district because of the
student’s
race, color, creed, religion, sex,
23
national origin, disability, ancestry, age, sexual orientation,
as defined in s. 111.32
1
(13m), gender identity, as defined in s. 111.32 (7j), gender expression, as defined in
2
s. 111.32 (7h),
pregnancy, marital status
,
or parental status
of the student or of the
3
student’s parent
.
AB220,10
4
Section
10
.
38.23 (4) of the statutes is amended to read:
AB220,8,8
5
38.23
(4)
Nothing in this section or s. 36.12 prevents institutions from
6
segregating students in dormitories based on sex
, except that no student may be
7
denied equal access to the dormitory most consistent with the student’s gender
8
identity, as defined in s. 111.32 (7j)
.
AB220,11
9
Section
11
.
47.02 (3m) (f) of the statutes is amended to read:
AB220,8,17
10
47.02
(3m)
(f) Assure that eligibility for vocational rehabilitation services
11
under this chapter is determined without regard to
the
sex,
gender identity, as
12
defined in s. 111.32 (7j), gender expression, as defined in s. 111.32 (7h), sexual
13
orientation, as defined in s. 111.32 (13m),
race, age, creed, color, or national origin
14
of the individual applying for services, that no class of individuals is found ineligible
15
solely on the basis of type of disability
,
and that no age limitations for eligibility
16
exist
which

that
, by themselves, would result in ineligibility for vocational
17
rehabilitation services.
AB220,12
18
Section
12
.
48.82 (1) (a) of the statutes is amended to read:
AB220,8,20
19
48.82
(1)
(a)
A husband and wife

Two adults married to each other
jointly, or
20
either
the husband or wife

spouse
if the other spouse is a parent of the minor.
AB220,13
21
Section
13
.
48.82 (6) of the statutes is amended to read:
AB220,9,2
22
48.82
(6)
No otherwise qualified person may be denied the benefits of this
23
subchapter because of
his or her

the person’s
race, color, ancestry
or
,
national
1
origin
, sex, gender identity, as defined in s. 111.32 (7j), gender expression, as
2
defined in s. 111.32 (7h), or sexual orientation, as defined in s. 111.32 (13m)
.
AB220,14
3
Section
14
.
51.90 of the statutes is amended to read:
AB220,9,8
4
51.90

Antidiscrimination.
No employee, prospective employee, patient
,
or
5
resident of an approved treatment facility, or consumer of services provided under
6
this chapter
,
may be discriminated against because of age, race, creed, color, sex
or
7
handicap
, disability, gender identity, as defined in s. 111.32 (7j), gender expression,
8
as defined in s. 111.32 (7h), or sexual orientation, as defined in s. 111.32 (13m)
.
AB220,15
9
Section
15
.
66.0125 (3) (a) of the statutes is amended to read:
AB220,9,21
10
66.0125
(3)
(a) The purpose of the commission is to study, analyze, and
11
recommend solutions for the major social, economic, and cultural problems that
12
affect people residing or working within the local governmental unit, including
13
problems of the family, youth, education, the aging, juvenile delinquency, health
14
and zoning standards, discrimination in employment and public accommodations
15
and facilities on the basis of sex, class, race, religion,
gender identity, as defined in
16
s. 111.32 (7j), gender expression, as defined in s. 111.32 (7h),
sexual orientation,
as
17
defined in s. 111.32 (13m),
or ethnic or minority status and discrimination in
18
housing on the basis of sex, class, race, religion, sexual orientation,
as defined in s.
19
111.32 (13m), gender identity, as defined in s. 111.32 (7j), gender expression, as
20
defined in s. 111.32 (7h),
ethnic or minority status, or status as a victim of domestic
21
abuse, sexual assault, or stalking.
AB220,16
22
Section
16
.
66.0125 (3) (c) 1. b. of the statutes is amended to read:
AB220,9,23
23
66.0125
(3)
(c) 1. b. To ensure to all residents of a local governmental unit,
1
regardless of sex, race, sexual orientation,
as defined in s. 111.32 (13m), gender
2
identity, as defined in s. 111.32 (7j), gender expression, as defined in s. 111.32 (7h),

3
or color, the right to enjoy equal employment opportunities and to ensure to those
4
residents, regardless of sex, race, sexual orientation,
as defined in s. 111.32 (13m),
5
gender identity, as defined in s. 111.32 (7j), gender expression, as defined in s.
6
111.32 (7h),
color, or status as a victim of domestic abuse, sexual assault, or
7
stalking, the right to possess equal housing opportunities.

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