111.115(3)
(3) Where the exercise of the right to strike by employes of any employer engaged in the state of Wisconsin in the production, harvesting or initial processing (the latter after leaving the farm) of any farm or dairy product produced in this state would tend to cause the destruction or serious deterioration of such product, the employes shall give to the commission at least 10 days' notice of their intention to strike and the commission shall immediately notify the employer of the receipt of such notice. Upon receipt of such notice, the commission shall take immediate steps to effect mediation, if possible. In the event of the failure of the efforts to mediate, the commission shall endeavor to induce the parties to arbitrate the controversy.
Effective date note
NOTE: Sub. (3) is shown as renumbered from s. 111.11 (2) eff. 7-1-97 by
1995 Wis. Act 27.
111.115 History
History: 1995 a. 27, ss.
3789b,
3789bc.
111.12
111.12
Duties of the attorney general and district attorneys. Upon the request of the commission, the attorney general or the district attorney of the county in which a proceeding is brought before the circuit court for the purpose of enforcing or reviewing an order of the commission shall appear and act as counsel for the commission in such proceeding and in any proceeding to review the action of the circuit court affirming, modifying or reversing such order.
111.14
111.14
Penalty. Any person who shall wilfully assault, resist, prevent, impede or interfere with any member of the commission or any of its agents or agencies in the performance of duties pursuant to this subchapter shall be punished by a fine of not more than $500 or by imprisonment in the county jail for not more than one year, or both.
111.15
111.15
Construction of subchapter I. Except as specifically provided in this subchapter, nothing therein shall be construed so as to interfere with or impede or diminish in any way the right to strike or the right of individuals to work; nor shall anything in this subchapter be so construed as to invade unlawfully the right to freedom of speech. Nothing in this subchapter shall be so construed or applied as to deprive any employe of any unemployment benefit which the employe might otherwise be entitled to receive under
ch. 108.
111.15 History
History: 1993 a. 492.
111.17
111.17
Conflict of provisions; effect. Wherever the application of the provisions of other statutes or laws conflict with the application of the provisions of this subchapter, this subchapter shall prevail, provided that in any situation where the provisions of this subchapter cannot be validly enforced the provisions of such other statutes or laws shall apply.
Effective date note
NOTE: This section is amended eff. 7-1-97 by
1995 Wis. Act 27 to read:
Effective date text
111.17 Conflict of provisions; effect. Wherever the application of the provisions of other statutes or laws conflict with the application of the provisions of this subchapter, this subchapter shall prevail, except that:
111.17 Note
(1) In any situation where the provisions of this subchapter cannot be validly enforced the provisions of such other statutes or laws shall apply.
111.17(2)
(2) All fringe benefits authorized or required to be provided by the University of Wisconsin Hospitals and Clinics Authority to its employes under
ch. 40 shall be governed exclusively by
ch. 40, except that where any provision of
ch. 40 specifically permits a collective bargaining agreement under this subchapter to govern the eligibility for or the application, cost or terms of a fringe benefit under
ch. 40, or provides that the eligibility for or the application, cost or terms of a fringe benefit under
ch. 40 shall be governed by a collective bargaining agreement under this subchapter, a collective bargaining agreement may contain a provision so governing and such a provision supersedes any provision of
ch. 40 with respect to the employes to whom the agreement applies. The employer is prohibited from engaging in collective bargaining concerning any matter governed exclusively by
ch. 40 under this subsection.
111.17 History
History: 1995 a. 27.
111.18
111.18
Limit on payment to health care institutions. 111.18(1)(a)
(a) "Health care institution" includes hospitals, psychiatric hospitals, tuberculosis hospitals, nursing homes, kidney disease treatment centers, free-standing hemodialysis units, ambulatory surgical facilities, health maintenance organizations, limited service health organizations, preferred provider plans, community-based residential facilities that are certified as medical assistance providers under
s. 49.45 (16) or that otherwise meet the requirements for certification, home health agencies and other comparable facilities. "Health care institution" does not include facilities operated solely as part of the practice of an independent practitioner, partnership, unincorporated medical group or service corporation as defined in
s. 180.1901 (2).
111.18(1)(b)
(b) "Proportional share" means the annual revenue of a health care institution received in the form of medical assistance reimbursement or public employe insurance from the state, divided by the total annual revenue of the health care institution.
111.18(2)(a)1.1. Any health care institution found by the national labor relations board to have committed an unfair labor practice under
29 USC 158 or found by the employment relations commission to have committed a prohibited practice under
s. 111.70 (3) that includes payment to any person for services rendered with respect to concerted activity engaged in by its employes for purposes of collective bargaining shall return to the state a proportional share of the amount paid to the person for the activity that constituted the unfair labor practice.
111.18(2)(a)2.
2. Any group of employes of a health care institution subject to
subd. 1. may commence an action in circuit court to enforce the provisions of this subsection.
111.18(2)(a)3.
3. Reasonable costs and attorney fees incurred in enforcing a return of funds to the state under this section may be awarded to successful plaintiffs.
111.18(2)(b)1.
1. Attorney fees for services rendered after the union is certified as a collective bargaining agent under this chapter or under the national labor relations act,
29 USC 151 to
169.
111.18(2)(b)2.
2. Attorney fees for services at an administrative agency or court proceeding or in preparation for the proceeding.
111.18(2)(b)3.
3. Salary paid to a full-time employe of a health care institution's personnel department.
111.19
111.19
Title of subchapter I. This subchapter may be cited as the "Employment Peace Act".
FAIR EMPLOYMENT
111.31
111.31
Declaration of policy. 111.31(1)
(1) The legislature finds that the practice of unfair discrimination in employment against properly qualified individuals by reason of their age, race, creed, color, handicap, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, membership in the national guard, state defense force or any other reserve component of the military forces of the United States or this state or use or nonuse of lawful products off the employer's premises during nonworking hours substantially and adversely affects the general welfare of the state. Employers, labor organizations, employment agencies and licensing agencies that deny employment opportunities and discriminate in employment against properly qualified individuals solely because of their age, race, creed, color, handicap, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, membership in the national guard, state defense force or any other reserve component of the military forces of the United States or this state or use or nonuse of lawful products off the employer's premises during nonworking hours deprive those individuals of the earnings that are necessary to maintain a just and decent standard of living.
111.31(2)
(2) It is the intent of the legislature to protect by law the rights of all individuals to obtain gainful employment and to enjoy privileges free from employment discrimination because of age, race, creed, color, handicap, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, membership in the national guard, state defense force or any other reserve component of the military forces of the United States or this state or use or nonuse of lawful products off the employer's premises during nonworking hours, and to encourage the full, nondiscriminatory utilization of the productive resources of the state to the benefit of the state, the family and all the people of the state. It is the intent of the legislature in promulgating this subchapter to encourage employers to evaluate an employe or applicant for employment based upon the employe's or applicant's individual qualifications rather than upon a particular class to which the individual may belong.
111.31(3)
(3) In the interpretation and application of this subchapter, and otherwise, it is declared to be the public policy of the state to encourage and foster to the fullest extent practicable the employment of all properly qualified individuals regardless of age, race, creed, color, handicap, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, membership in the national guard, state defense force or any other reserve component of the military forces of the United States or this state or use or nonuse of lawful products off the employer's premises during nonworking hours. Nothing in this subsection requires an affirmative action program to correct an imbalance in the work force. This subchapter shall be liberally construed for the accomplishment of this purpose.
111.31(4)
(4) The practice of requiring employes or prospective employes to submit to a test administered by means of a lie detector, as defined in
s. 111.37 (1) (b), is unfair, the practice of requesting employes and prospective employes to submit to such a test without providing safeguards for the test subjects is unfair, and the use of improper tests and testing procedures causes injury to the employes and prospective employes.
111.31(5)
(5) The legislature finds that the prohibition of discrimination on the basis of creed under
s. 111.337 is a matter of statewide concern, requiring uniform enforcement at state, county and municipal levels.
111.31 Annotation
Summary discharge after 2 weeks of satisfactory employment of persons with history of asthma violated the fair employment act in that it constituted a discriminatory practice against the claimant based on handicap. Chicago, M., St. P. & P. RR. Co. v. ILHR Dept. 62 W (2d) 392, 215 NW (2d) 443.
111.31 Annotation
The department is not limited to finding sex discrimination only where a 14th amendment equal protection violation could also be found. Wisconsin Telephone Co. v. ILHR Dept. 68 W (2d) 345, 228 NW (2d) 649.
111.31 Annotation
The Wisconsin Fair Employment Act is more direct and positive in prohibiting sex discrimination in employment than is the basic constitutional guarantee of equal protection of the laws, and enforcement of the law is not limited by the "rational basis" or "reasonableness" test employed in 14th amendment cases. Ray-O-Vac v. ILHR Dept. 70 W (2d) 919, 236 NW (2d) 209.
111.31 Annotation
Section 118.20 is not exclusive remedy of wronged teacher; it is supplementary to remedy under fair employment act. General provisions of 893.80 are superseded by specific authority of act. Kurtz v. City of Waukesha, 91 W (2d) 103, 280 NW (2d) 757 (1979).
111.31 Annotation
Where employe was not handicapped but employer perceived employe to be handicapped, employe was entitled to protection under this subchapter. Dairy Equipment Co. v. DILHR, 95 W (2d) 319, 290 NW (2d) 330 (1980).
111.31 Annotation
WFEA provides exclusive remedy for retaliatory discrimination. Bourque v. Wausau Hospital Center, 145 W (2d) 589, 427 NW (2d) 433 (Ct. App. 1988).
111.31 Annotation
WFEA does not apply to national guard personnel decisions; federal law prevents the state from regulating personnel criteria of the national guard. Hazelton v. Personnel Commission, 178 W (2d) 776, 505 NW (2d) 793 (Ct. App. 1993).
111.31 Annotation
This act protects all employes, including prospective and de facto employes. 67 Atty. Gen. 169.
111.31 Annotation
State courts have concurrent jurisdiction over federal Title VII civil rights actions. Yellow Freight System v. Donnelly, 494 US 820, 108 LEd 2d 834 (1990).
111.31 Annotation
Employee Retirement Income Security Act does not preempt state fair employment laws prohibiting discriminatory exclusion of pregnancy benefits in disability plans. Bucyrus-Erie Company v. DILHR, 599 F (2d) 205 (1979).
111.31 Annotation
No private right of action exists under this subchapter. Busse v. Gelco Exp. Corp., 678 F Supp. 1398 (E. D. Wis. 1988).
111.31 Annotation
The Wisconsin fair employment act and the 1982 amendments. Rice. WBB Aug. 1982.
111.31 Annotation
Wisconsin's fair employment act: coverage, procedures, substance, remedies. 1975 WLR 696.
111.31 Annotation
Perceived handicap under WFEA. 1988 WLR 639 (1988).
111.32
111.32
Definitions. When used in this subchapter:
111.32(1)
(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)
(2) "Commission" means the labor and industry review commission.
111.32(3)
(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 or paroled pursuant to any law enforcement or military authority.
111.32(3m)
(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)
(4) "Department" means the department of industry, labor and job development.
111.32 Note
NOTE: 1995 Wis. Act 289, s.
275, authorizes the department of industry, labor and job development to use the name "department of workforce development" for any official purpose.
111.32(5)
(5) "Employe" does not include any individual employed by his or her parents, spouse or child.
111.32(6)(a)(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)
(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)
(7) "Employment agency" means any person, including this state, who regularly undertakes to procure employes or opportunities for employment for any other person.
111.32(7m)
(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)
(8) "Handicapped individual" means an individual who:
111.32(8)(a)
(a) Has a physical or mental impairment which makes achievement unusually difficult or limits the capacity to work;
111.32(9)(a)
(a) Any organization, agency or employe representation committee, group, association or plan in which employes 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)
(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)
(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)
(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)
(12) "Marital status" means the status of being married, single, divorced, separated or widowed.
111.32(12m)
(12m) "Religious association" means an organization, whether or not organized under
ch. 187, which operates under a creed.
111.32(13)
(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 employe's work performance or to create an intimidating, hostile or offensive work environment.
111.32(13m)
(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)
(13r) "Unfair genetic testing" means any test or testing procedure that violates
s. 111.372.
111.32(14)
(14) "Unfair honesty testing" means any test or testing procedure which violates
s. 111.37.
111.32 History
History: 1975 c. 31,
94,
275,
421;
1977 c. 29,
125,
196,
286;
1979 c. 319,
357;
1981 c. 96 s.
67;
1981 c. 112,
334,
391;
1983 a. 36;
1987 a. 149;
1991 a. 117;
1993 a. 107,
427;
1995 a. 27 s.
9130 (4).
111.32 Annotation
The differing treatment of pregnancy disability is not based upon a difference in type of disability, as contended by the employer, rather than upon the sex of the employe, since pregnancy is undisputedly sex-linked, and to isolate disabilities associated with pregnancy for less favorable treatment in a benefit plan designed to relieve the economic burden of physical incapacity constitutes discrimination by sex. Ray-O-Vac v. ILHR Dept. 70 W (2d) 919, 236 NW (2d) 209.
111.32 Annotation
Term "creed", as used in sub. (5) (a), 1979 stats., [now sub. (3m)], means a system of religious beliefs, not political beliefs. Augustine v. Anti-Defamation Lg. B'nai B'rith, 75 W (2d) 207, 249 NW (2d) 547.
111.32 Annotation
Where employer negotiated, under National Labor Relations Act, a welfare benefit plan, under Employee Retirement Income Security Act, neither federal act preempted Wisconsin's sex discrimination law forbidding pregnancy benefits discrimination. Goodyear Tire & Rubber Co. v. DILHR, 87 W (2d) 56, 273 NW (2d) 786 (Ct. App. 1978).
111.32 Annotation
Fair Employment Act was not preempted by federal legislation. "Future hazards" exception discussed. Chicago & N.W.R.R. v. Labor & Ind. Rev. Comm. 91 W (2d) 462, 283 NW (2d) 603 (Ct. App. 1979).
111.32 Annotation
Inclusion of pregnancy-related benefits within disability benefit plan does not violate Equal Pay Act. Kimberly-Clark Corp. v. Labor & Ind. Rev. Comm. 95 W (2d) 558, 291 NW (2d) 584 (Ct. App. 1980).
111.32 Annotation
Perceived handicap discussed. La Crosse Police Comm. v. LIRC, 139 W (2d) 740, 407 NW (2d) 510 (1987).
111.32 Annotation
Individual asserting battery, not as form of employment discrimination, but as "independent and unlawful touching of the person" is not precluded by WFEA from bringing battery claim although (13) broadly defines "sexual harassment." Becker v. Automatic Garage Door Co., 156 W (2d) 409, 456 NW (2d) 888 (Ct. App. 1990).
111.32 Annotation
The standard to determine whether a person is an "employe" under Title VII of the Civil Rights Act is applicable to WEFA cases. A determination of "employe" status in a Title VII action precludes redetermination in a WEFA action. Moore v. LIRC, 175 W (2d) 561, 499 NW (2d) 288 (Ct. App. 1993), 107.
