AB 220

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.