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AB512: Bill Text
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2025 - 2026 LEGISLATURE
LRB-0706/1
MIM:cjs
-
2025 ASSEMBLY BILL 512
October 15, 2025 - Introduced by Representatives
Sinicki
,
Fitzgerald
,
Goodwin
,
Hong
,
Andraca
,
Miresse
,
Arney
,
Bare
,
Brown
,
Anderson
,
Clancy
,
DeSmidt
,
Doyle
,
Joers
,
Kirsch
,
Madison
,
Mayadev
,
McCarville
,
Moore Omokunde
,
Ortiz-Velez
,
Phelps
,
Roe
,
Snodgrass
,
Stroud
,
Stubbs
,
Subeck
,
Tenorio
,
Palmeri
,
Sheehan
and
Udell
, cosponsored by Senators
L. Johnson
,
Carpenter
,
Dassler-Alfheim
,
Habush Sinykin
,
Hesselbein
,
Keyeski
,
Larson
,
Ratcliff
,
Roys
,
Smith
,
Spreitzer
and
Wirch
. Referred to Committee on Workforce Development, Labor, and Integrated Employment.
AB512,1,7
1
An Act
to repeal
103.36;
to amend
111.322 (2m) (a), 111.322 (2m) (b) and
2
814.04 (intro.);
to create
103.135 of the statutes;
relating to:
prohibiting an
3
employer from relying on information about a prospective employee’s
4
compensation when making employment decisions or inquiring about a
5
prospective employee’s compensation and from restricting an employee’s right
6
to disclose compensation information, allowing actions in circuit court, and
7
providing a penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits certain employer conduct related to the compensation information of current and prospective employees.
The bill prohibits an employer from doing any of the following with respect to a prospective employee:
1. Soliciting information about the prospective employee’s current or prior compensation before making an offer of employment. The bill also repeals a provision that gives employers the right to solicit such information.
2. Relying on information regarding the prospective employee’s current or prior compensation when determining whether to make an offer of employment or setting compensation when making an offer of employment to that prospective employee.
3. Requiring that the prospective employee’s current or prior compensation meet certain criteria in order for the prospective employee to be considered for employment.
4. Refusing to hire the prospective employee for exercising his or her rights relating to compensation information.
The bill also prohibits an employer from discharging or discriminating against a current employee for disclosing the details of the employee’s compensation, discussing the compensation of other employees, asking other employees for details regarding their compensation, or taking certain actions to enforce an employee’s rights under the bill.
The bill requires employers to post notices, where notices to employees are customarily posted and on any electronic job posting, regarding employees’ and prospective employees’ rights under the bill and provides a penalty for an employer’s failure to do so.
The bill allows the Department of Workforce Development or an individual who is alleged or was found to have been discriminated against on the basis of compensation information to bring an action in circuit court in addition to or in lieu of filing an administrative complaint.
Under the bill, if the circuit court finds that a defendant has committed an act of discrimination, the circuit court may award back pay and any other relief that could have been awarded in an administrative proceeding. In addition, the circuit court must order the defendant to pay to the individual discriminated against compensatory and punitive damages that the circuit court finds appropriate, except that the total amount of damages awarded for future economic losses and for pain and suffering, emotional distress, mental anguish, loss of enjoyment of life, and other noneconomic losses and punitive damages is subject to the following limitations:
1. If the defendant employs 100 or fewer employees, no more than $50,000.
2. If the defendant employs more than 100 but fewer than 201 employees, no more than $100,000.
3. If the defendant employs more than 200 but fewer than 501 employees, no more than $200,000.
4. If the defendant employs more than 500 employees, no more than $300,000.
The bill requires DWD to annually revise these amounts based upon the change in the consumer price index in the previous year, if any positive change has occurred.
Under current fair employment law, an individual who alleges discrimination in employment may file a complaint with DWD seeking action that will effectuate the purpose of the fair employment law, including reinstating the employee, providing back pay, and paying costs and attorney fees.
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:
AB512,1
1
Section
1
.
103.135 of the statutes is created to read:
AB512,2,5
2
103.135
Compensation information of employees and prospective
3
employees.
(1)
Unlawful employer conduct related to prospective
4
employee compensation information.
(a) No employer may directly or indirectly
5
do any of the following:
AB512,2,8
6
1. Subject to par. (b), solicit from a prospective employee or a prospective
7
employee’s current or former employer information about the prospective
8
employee’s current or prior compensation before making an offer of employment.
AB512,2,11
9
2. Require that a prospective employee’s current or prior compensation meet
10
certain criteria in order for the prospective employee to be considered for
11
employment.
AB512,2,17
12
3. Refuse to hire or employ or otherwise discriminate against a prospective
13
employee in compensation or in the terms, conditions, or privileges of employment
14
for opposing a practice prohibited under this paragraph, filing or indicating an
15
intent to file a complaint or otherwise attempting to enforce any right under this
16
paragraph, or testifying, assisting, or participating in any manner in any
17
investigation, action, or proceeding to enforce any right under this paragraph.
AB512,3,2
18
4. Subject to par. (b), notwithstanding the provisions of subch. II of ch. 230
19
regarding state civil service, rely on information obtained from any source
20
regarding a prospective employee’s current or prior compensation when
1
determining whether to make an offer of employment or setting compensation when
2
making an offer of employment to that prospective employee.
AB512,3,7
3
(b) After an employer has offered employment to a prospective employee and
4
the details of compensation have been agreed upon, the employer may obtain the
5
prospective employee’s written consent for the employer to solicit information
6
about, or take action to confirm, the prospective employee’s current or prior
7
compensation.
AB512,3,12
8
(2)
Disclosure of compensation information by employees.
(a) An
9
employee may disclose the details of the employee’s compensation to anyone and,
10
subject to par. (d), may discuss the compensation of other employees of the same
11
employer and may ask other employees of the same employer for details regarding
12
their compensation.
AB512,3,15
13
(b) Except as provided in par. (d), no employer may interfere with, restrain, or
14
deny the exercise of the right of an employee to disclose, discuss, or inquire about
15
compensation as provided in par. (a).
AB512,3,22
16
(c) An employer may not discharge or discriminate against an employee in
17
promotion, in compensation, or in the terms, conditions, or privileges of
18
employment for disclosing, discussing, or inquiring about compensation as provided
19
in par. (a), opposing a practice prohibited under par. (b), filing or indicating an
20
intent to file a complaint or otherwise attempting to enforce any right under par.
21
(a), or testifying, assisting, or participating in any manner in any investigation,
22
action, or proceeding to enforce any right under par. (a).
AB512,4,4
23
(d) Subject to s. 19.35, an employer may prohibit a human resources or payroll
1
employee, a supervisor, or any other employee whose job responsibilities require or
2
allow the employee access to other employees’ compensation information from
3
disclosing information about any other employee’s compensation without that
4
employee’s prior written consent.
AB512,4,7
5
(3)
Enforcement.
Any employee or prospective employee who is refused
6
employment, terminated, discharged, or otherwise discriminated against in
7
violation of sub. (1) (a) or (2) (a) to (c) may do any of the following:
AB512,4,15
8
(a) File a complaint with the department, and the department shall process
9
the complaint in the same manner that employment discrimination complaints are
10
processed under s. 111.39. If the department finds that a violation has occurred,
11
the department may order the employer to take action to remedy the violation,
12
including reinstating the employee, providing compensation in lieu of
13
reinstatement, providing back pay accrued not more than 2 years before the
14
complaint was filed, and paying reasonable actual costs and, notwithstanding s.
15
814.04 (1), reasonable attorney fees to the complainant.
AB512,4,16
16
(b) Bring an action in circuit court under sub. (4).
AB512,4,20
17
(4)
Civil action.
(a) The department or an individual alleged or found to
18
have been discriminated against under sub. (1) or (2) may bring an action in circuit
19
court requesting the relief described in par. (d) against an employer that is alleged
20
or found to have engaged in that discrimination.
AB512,5,2
21
(b) If a petition for judicial review of the findings and order of the department
22
concerning the same violation as the violation giving rise to the action under par.
1
(a) is filed, the circuit court shall consolidate the proceeding for judicial review and
2
the action under par. (a).
AB512,5,6
3
(c) An individual alleged or found to have been discriminated against under
4
sub. (1) or (2) is not required to file a complaint under sub. (3) (a) or seek review
5
under s. 111.395 in order for the department or the individual to bring an action
6
under par. (a).
AB512,5,21
7
(d) Subject to pars. (e) and (f), in an action under par. (a), if the circuit court
8
finds that discrimination has occurred, or if such a finding has been made by an
9
examiner and not been further appealed, the circuit court may order any relief that
10
an examiner would be empowered to order under s. 111.39 (4) (c) after a hearing on
11
a complaint filed under s. 111.39. In addition, the circuit court shall order the
12
defendant to pay to the individual discriminated against any other compensatory
13
damages and punitive damages under s. 895.043 that the circuit court or jury finds
14
appropriate, plus reasonable costs and attorney fees incurred in the action. If any
15
relief was ordered under sub. (3) (a) or s. 111.395, the circuit court shall specify
16
whether the relief ordered under this paragraph is in addition to or replaces the
17
relief ordered under sub. (3) (a) or s. 111.395. The sum of the amount of
18
compensatory damages for future economic losses and for pain and suffering,
19
emotional distress, mental anguish, loss of enjoyment of life, and other noneconomic
20
losses and the amount of punitive damages that a circuit court may order may not
21
exceed the following:
AB512,6,2
22
1. In the case of a defendant that employs 100 or fewer employees for each
1
working day in each of 20 or more calendar weeks in the current or preceding year,
2
$50,000.
AB512,6,5
3
2. In the case of a defendant that employs more than 100 but fewer than 201
4
employees for each working day in each of 20 or more calendar weeks in the current
5
or preceding year, $100,000.
AB512,6,8
6
3. In the case of a defendant that employs more than 200 but fewer than 501
7
employees for each working day in each of 20 or more calendar weeks in the current
8
or preceding year, $200,000.
AB512,6,11
9
4. In the case of a defendant that employs more than 500 employees for each
10
working day in each of 20 or more calendar weeks in the current or preceding year,
11
$300,000.
AB512,6,14
12
(e) If the circuit court orders a payment under par. (d) because of a violation of
13
sub. (1) or (2) by an individual employed by an employer, the employer of that
14
individual is liable for the payment.
AB512,6,17
15
(f) 1. In this paragraph, “consumer price index” means the average of the
16
consumer price index for all urban consumers, U.S. city average, as determined by
17
the bureau of labor statistics of the federal department of labor.
AB512,7,7
18
2. Except as otherwise provided in this subdivision, beginning on July 1, 2026,
19
and on each July 1 after that, the department shall adjust the amounts specified in
20
par. (d) 1., 2., 3., and 4. by calculating the percentage difference between the
21
consumer price index for the 12-month period ending on December 31 of the
22
preceding year and the consumer price index for the 12-month period ending on
23
December 31 of the year before the preceding year and adjusting those amounts by
1
that percentage difference. The department shall publish the adjusted amounts
2
calculated under this subdivision in the Wisconsin Administrative Register, and the
3
adjusted amounts shall apply to actions commenced under par. (a) beginning on
4
July 1 of the year of publication. This subdivision does not apply if the consumer
5
price index for the 12-month period ending on December 31 of the preceding year
6
did not increase over the consumer price index for the 12-month period ending on
7
December 31 of the year before the preceding year.
AB512,7,9
8
(5)
Notice posted.
(a) Each employer shall provide notice to employees and
9
prospective employees of their rights under this section by doing all of the following:
AB512,7,12
10
1. Posting, in one or more conspicuous places where notices to employees are
11
customarily posted, a notice in a form approved by the department setting forth
12
employees’ and prospective employees’ rights under this section.
AB512,7,15
13
2. Including on each listing for a job vacancy or other employment opportunity
14
that is advertised by email and posting on a website, or other electronic means, a
15
notice that includes all of the following information:
AB512,7,19
16
a. A statement that the employer is prohibited from relying on a prospective
17
employee’s current or former compensation when determining whether to make an
18
offer of employment or setting compensation or when making an offer of
19
employment.
AB512,7,23
20
b. A statement that the employer is prohibited from asking about a
21
prospective employee’s current or former compensation until after the employer has
22
offered the prospective employee employment and they have agreed upon the details
23
of compensation.
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