SB 362

This bill prohibits discrimination on the basis of an individual's gender identity

or gender expression, which is defined in the bill as an individual's gender-related

identity, gender-related appearance, gender-related expression, or gender-related

behavior, regardless of the individual's assigned sex at birth or gender identifiers on

official documents issued by a federal, state, or local government agency. 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. This bill adds gender identity or gender expression as a prohibited

basis 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. This 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. This bill also prohibits the UW System Board of

Regents from investing gifts, grants, and bequests in companies that practice

discrimination based on sexual orientation or 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. This bill adds gender identity or

gender expression as a prohibited basis for exclusion of an individual from jury duty.

4. Current law permits only either a single adult or a husband and wife jointly

to adopt a child. This bill permits 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, or 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. This bill

requires these heads to also determine if there is discrimination on the basis of

gender identity or gender expression, and 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