reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 110 - Motor vehicles. › 110.063 - Inspection of motor buses.

110.063
Inspection of motor buses.
(1)
The department shall promulgate and enforce such rules as the department deems necessary in the interests of the safety of persons being transported to cover the design, construction, equipment, inspection and operation of motor buses.
(2)
(a)
Except as provided in par. (c), the owner of the motor bus shall have it inspected annually by the department for compliance with the requirements of s. 110.075 and ch. 347 and rules promulgated thereunder and any rules promulgated under this section.
(b)
The department shall specify by rule a fee for the inspection required under this subsection equal to the cost of the inspection.
(c)
Paragraph (a) does not apply to a motor bus which is operated by an urban mass transit system, as defined in s. 85.20 (1) (L), if all of the following conditions are satisfied:
1.
The urban mass transit system regularly inspects the motor bus at least annually.
2.
The urban mass transit system submits the record of inspection of the motor bus to the department annually for examination.
3.
Review of the record of inspection of the motor bus by the department indicates that the motor bus is in compliance with the requirements of s. 110.075 and ch. 347 and rules promulgated thereunder and any rules promulgated under this section.
(3)
Any person who violates this section or rules promulgated under this section may be required to forfeit not less than $50 nor more than $200.
History:  1987 a. 235.
2023 Wisconsin Statutes & Annotations › Chapter 110 - Motor vehicles. › 110.064 - Motor buses used for pupil transportation.

110.064
Motor buses used for pupil transportation.
(1)
(a)
Notwithstanding s. 340.01 (56) (b) 4., no motor bus operated under contract as provided in s. 121.55 (1) (a) or (d) may be used for the purpose of transporting pupils to or from a public or private school as provided in s. 340.01 (56) (a) 1. and no motor bus otherwise operated on a special route for the purpose of transporting pupils to or from a public or private school as provided in s. 340.01 (56) (a) 1. may be used for that purpose unless the motor bus satisfies safety and operation standards specified by the department under par. (b).
(b)
The department shall promulgate and enforce a rule requiring that a motor bus under par. (a) satisfy safety standards providing an equivalent level of safety as the safety standards specified by the department for a school bus having the same gross vehicle weight rating and operation standards specifying that the rear door of a motor bus under par. (a) may not be used for the entry or exit of pupils, except in an emergency, except that the department may not promulgate a rule which is in conflict with federal law, which requires the motor bus to be painted in accordance with s. 347.44 (1), or which requires the motor bus to be equipped with flashing red or flashing red and amber warning lights as specified in s. 347.25 (2).
(2)
Any person who violates this section or rules promulgated under this section may be required to forfeit not less than $50 nor more than $200.
History:  1987 a. 235; 2013 a. 96.
2023 Wisconsin Statutes & Annotations › Chapter 110 - Motor vehicles. › 110.065 - Traffic academy.

110.065
Traffic academy.
The secretary may establish and operate an academy for the training of state, county and local traffic patrol officers and other related personnel and make rules and regulations for the conduct thereof. The secretary shall establish and periodically revise a reasonable scale of tuition charges. The tuition for personnel other than employees of the department shall be paid by their respective departments or governing bodies and shall be deposited in the appropriation account under s. 20.395 (5) (dh). The secretary shall consult appropriate state, county and local authorities concerning the establishment and operation of the academy and the determination of tuition charges. State agencies shall cooperate with the secretary in providing information and instructional services for the academy.
History:  1977 c. 29 s. 1654 (1), (7) (a), (c); 1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 110 - Motor vehicles. › 110.08 - State operator's license examiner system.

110.08
State operator's license examiner system.
(1)
The department shall employ a sufficient number of operator's license examiners. The department may contract for specialists in driver's license examining to augment the department's training program for examiners.
(1m)
Each operator's license examiner shall receive informational training on the powers and duties of the department relating to organ donor information under s. 343.175 once every 2 years and, for operator's license examiners hired after January 1, 1997, prior to initial assignment to operator's license examining activities. The informational training under this subsection shall be developed by all organ procurement organizations, as defined in s. 340.01 (41k), in cooperation with the department.
(2)
Except as provided under sub. (5) (b) and s. 343.16 (1) (b) to (c), all examinations for operator's licenses and permits shall be given by state examiners.
(3)
The department shall employ state examiners, driver improvement personnel and clerical personnel at local examining centers, under the classified service.
(4)
The department shall employ, train and assign sufficient driver improvement personnel to carry out an intensive driver improvement program including the reexamination and personal interview of problem drivers.
(5)
(a)
The department shall provide in each county, directly or by contract as described in par. (b), at least 20 hours per week of services relating to operator's licenses and identification cards.
(b)
The department shall provide the services required under par. (a) by the most cost-effective means possible, which may include contracting with counties or other local governments to provide these services. Notwithstanding any provision of ss. 343.14 and 343.16, a contract between the department and a county or other local government under this paragraph may authorize an employee of the county or local government to conduct any examination for an operator's license except a driving skills test. The department may require any employee of a county or local government who provides services under a contract entered into under this paragraph to satisfy any requirement under s. 110.09 that would be required of an employee of the department.
History:  1971 c. 164; 1977 c. 29 ss. 1050, 1654 (7) (a); 1989 a. 31; 1991 a. 32; 1995 a. 113, 446; 2007 a. 20; 2009 a. 28; 2011 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 110 - Motor vehicles. › 110.10 - Ignition interlock device program.

110.10
Ignition interlock device program.
The department shall promulgate rules providing for the implementation of an ignition interlock device program that will be conveniently available to persons throughout this state. The rules shall include provisions regarding all of the following:
(1)
The selection of persons to install, service and remove ignition interlock devices from motor vehicles.
(2)
The periodic review of the fees charged to the owner of a vehicle for the installation, service and removal of an ignition interlock device.
(3)
Requiring ignition interlock device providers operating in this state to establish pilot programs involving the voluntary use of ignition interlock devices.
(4)
Requiring ignition interlock device providers operating in this state to provide the department and law enforcement agencies designated by the department with installation, service, tampering and failure reports in a timely manner.
(4m)
Requiring ignition interlock device providers operating in this state to accept, as payment in full for equipping a motor vehicle with an ignition interlock device and for maintaining the ignition interlock device, the amount ordered by the court under s. 343.301 (3) (b), if applicable.
(5)
Requiring ignition interlock device providers to notify the department of any ignition interlock device tampering, circumvention, bypass or violation resets, including all relevant data recorded in the device's memory. Upon receiving notice described in this subsection, the department shall immediately provide the notice and data to the assessment agency that is administering the violator's driver safety plan.
History:  1999 a. 109, 186; 2009 a. 100.
2023 Wisconsin Statutes & Annotations › Chapter 110 - Motor vehicles. › 110.21 - Education and training related to motor vehicle emissions.

110.21
Education and training related to motor vehicle emissions.
The department and its contractors under s. 110.20 (8) (am) shall conduct a program of public education related to the motor vehicle emission and equipment inspection and maintenance program established under s. 110.20 (6). The program under s. 110.20 (6) may include a pilot project of motor vehicle emissions inspections for those owners who elect to present their motor vehicles for inspection.
History:  1979 c. 274; 1987 a. 27; 1991 a. 39; 1993 a. 288; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 110 - Motor vehicles. › 110.22 - Repaired salvage vehicle inspector training.

110.22
Repaired salvage vehicle inspector training.
From the appropriation under s. 20.395 (5) (cq), the department shall provide training on the examination of repaired salvage vehicles to inspectors or persons eligible to be authorized as inspectors by the department under s. 342.07 (2).
History:  1993 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 111 - Employment relations. › 111.04 - Rights of employees.

111.04
Rights of employees.
(1)
Employees shall have the right of self-organization and the right to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection.
(2)
Employees shall have the right to refrain from self-organization; forming, joining, or assisting labor organizations; bargaining collectively through representatives; or engaging in activities for the purpose of collective bargaining or other mutual aid or protection.
(3)
(a)
No person may require, as a condition of obtaining or continuing employment, an individual to do any of the following:
1.
Refrain or resign from membership in, voluntary affiliation with, or voluntary financial support of a labor organization.
2.
Become or remain a member of a labor organization.
3.
Pay any dues, fees, assessments, or other charges or expenses of any kind or amount, or provide anything of value, to a labor organization.
4.
Pay to any 3rd party an amount that is in place of, equivalent to, or any portion of dues, fees, assessments, or other charges or expenses required of members of, or employees represented by, a labor organization.
(b)
This subsection applies to the extent permitted under federal law. If a provision of a contract violates this subsection, that provision is void.
History:  2015 a. 1.
Congress specifically reserved to the individual states the right to prohibit agreements that require employees to pay representative fees as a condition of employment. Passage of the right-to-work law in Wisconsin was within the province of the legislature. Sub. (3), as created by 2015 Wis. Act 1, does not appropriate, transfer, or encumber money. Act 1 does not require labor organizations to provide services to anyone. Act 1 merely prohibits employers from requiring union membership or the payment of fees as a condition of employment. Unions have no constitutional entitlement to the fees of non-member employees. Machinists Local Lodge 1061 v. Walker, 2017 WI App 66, 378 Wis. 2d 243, 903 N.W.2d 141, 16-0820.
Under the holding and reasoning of Sweeney, 767 F.3d 654 (2014), 2015 Wis. Act 1, and specifically sub. (3) (a) 3., is not preempted by the National Labor Relations Act and does not work an unconstitutional taking. International Union of Operating Engineers Local 139 v. Schimel, 210 F. Supp. 3d 1088 (2016).
Affirmed. 863 F.3d 674 (2017).
2023 Wisconsin Statutes & Annotations › Chapter 111 - Employment relations. › 111.08 - Financial reports to employees.

111.08
Financial reports to employees.
Every person acting as the representative of employees for collective bargaining shall keep an adequate record of its financial transactions and shall present annually to each member within 60 days after the end of its fiscal year a detailed written financial report thereof in the form of a balance sheet and an operating statement. In the event of failure of compliance with this section, any member may petition the commission for an order compelling such compliance. An order of the commission on such petition shall be enforceable in the same manner as other orders of the commission under this subchapter.
2023 Wisconsin Statutes & Annotations › Chapter 111 - Employment relations. › 111.09 - Rules, orders, transcripts, training programs and fees.

111.09
Rules, orders, transcripts, training programs and fees.
(1)
The commission may adopt reasonable and proper rules and regulations relative to the exercise of its powers and authority and proper rules to govern its proceedings and to regulate the conduct of all elections and hearings. The commission shall, upon request, provide a transcript of a proceeding to any party to the proceeding for a fee, established by rule, by the commission at a uniform rate per page. All transcript fees shall be credited to the appropriation account under s. 20.425 (1) (i).
(2)
The commission shall assess and collect a filing fee for filing a complaint alleging that an unfair labor practice has been committed under s. 111.06. The commission shall assess and collect a filing fee for filing a request that the commission act as an arbitrator to resolve a dispute involving the interpretation or application of a collective bargaining agreement under s. 111.10. The commission shall assess and collect a filing fee for filing a request that the commission act as a mediator under s. 111.11. The commission shall assess and collect a filing fee for filing a request that the commission initiate arbitration under s. 111.10. For the performance of commission actions under ss. 111.10 and 111.11, the commission shall require that the parties to the dispute equally share in the payment of the fee and, for the performance of commission actions involving a complaint alleging that an unfair labor practice has been committed under s. 111.06, the commission shall require that the party filing the complaint pay the entire fee. If any party has paid a filing fee requesting the commission to act as a mediator for a labor dispute and the parties do not enter into a voluntary settlement of the labor dispute, the commission may not subsequently assess or collect a filing fee to initiate arbitration to resolve the same labor dispute. If any request for the performance of commission actions concerns issues arising as a result of more than one unrelated event or occurrence, each such separate event or occurrence shall be treated as a separate request. The commission shall promulgate rules establishing a schedule of filing fees to be paid under this subsection. Fees required to be paid under this subsection shall be paid at the time of filing the complaint or the request for mediation or arbitration. A complaint or request for mediation or arbitration is not filed until the date such fee or fees are paid. Fees collected under this subsection shall be credited to the appropriation account under s. 20.425 (1) (i).
(3)
The commission may provide training programs to individuals and organizations on private sector collective bargaining, and on areas of management and labor cooperation directly or indirectly affecting private sector collective bargaining, and may charge a reasonable fee for participation in the programs.
History:  1973 c. 90; 1981 c. 20; 1983 a. 27; 1991 a. 39; 1995 a. 27; 2003 a. 33.
2023 Wisconsin Statutes & Annotations › Chapter 111 - Employment relations. › 111.10 - Arbitration.

111.10
Arbitration.
Parties to a dispute pertaining to the meaning or application of the terms of a written collective bargaining agreement may agree in writing to have the commission serve as arbitrator. Parties to a labor dispute may agree in writing to have the commission act or name arbitrators in all or any part of such dispute, and thereupon the commission shall have the power so to act. The commission shall appoint as arbitrators only competent, impartial and disinterested persons. Proceedings in any such arbitration shall be as provided in ch. 788.
History:  1979 c. 32 s. 92 (15); 1995 a. 27.
A grievance was arbitrable under the “discharge and nonrenewal" clause of a bargaining agreement when the contract offered by the board was signed by the teacher after deleting the title “probationary contract" and the board did not accept this counteroffer or offer the teacher a second contract. Joint School District No. 10 v. Jefferson Education Ass'n, 78 Wis. 2d 94, 253 N.W.2d 536 (1977).
The Wisconsin Employment Relations Commission's power to participate in dispute settlement arbitration is liberally construed. Thus, when parties to a collective bargaining agreement select an arbitrator from a list provided by the commission, this section applies. Layton School of Art & Design v. WERC, 82 Wis. 2d 324, 262 N.W.2d 218 (1978).
Municipal labor arbitration is within the scope of ch. 788. Milwaukee District Council 48 v. Milwaukee Sewerage Commission, 107 Wis. 2d 590, 321 N.W.2d 309 (Ct. App. 1982).
The Res Judicata Standard of Confirmed Arbitration Awards in Wisconsin. Gilchrist. 1987 WLR 895.
2023 Wisconsin Statutes & Annotations › Chapter 111 - Employment relations. › 111.11 - Mediation.

111.11
Mediation.
The commission may appoint any competent, impartial, disinterested person to act as mediator in any labor dispute either upon its own initiative or upon the request of one of the parties to the dispute. It shall be the function of such mediator to bring the parties together voluntarily under such favorable auspices as will tend to effectuate settlement of the dispute, but neither the mediator nor the commission shall have any power of compulsion in mediation proceedings. The commission shall provide necessary expenses for such mediators as it may appoint, order reasonable compensation not exceeding $10 per day for each such mediator, and prescribe reasonable rules of procedure for such mediators.
History:  1995 a. 27, 225.
2023 Wisconsin Statutes & Annotations › Chapter 111 - Employment relations. › 111.115 - Notice of certain proposed strikes.

111.115
Notice of certain proposed strikes.
(1)
In this section, “strike" includes any concerted stoppage of work by employees, and any concerted slowdown or other concerted interruption of operations or services by employees, or any concerted refusal of employees to work or perform their usual duties as employees, for the purpose of enforcing demands upon an employer.
(3)
Where the exercise of the right to strike by employees of any employer engaged in the state of Wisconsin in the production, harvesting or initial off-farm processing of any farm or dairy product produced in this state would tend to cause the destruction or serious deterioration of such product, the employees 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.
History:  1995 a. 27, ss. 3789b, 3789bc; 1999 a. 83; 2011 a. 10.
2023 Wisconsin Statutes & Annotations › Chapter 111 - Employment relations. › 111.12 - Duties of the attorney general and district attorneys.

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.
2023 Wisconsin Statutes & Annotations › Chapter 111 - Employment relations. › 111.14 - Penalty.

111.14
Penalty.
Any person who shall willfully assault, resist, prevent, impede, or interfere with 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.
History:  2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 111 - Employment relations. › 111.15 - Construction of subchapter I.

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 employee of any unemployment benefit which the employee might otherwise be entitled to receive under ch. 108.
History:  1993 a. 492.
2023 Wisconsin Statutes & Annotations › Chapter 111 - Employment relations. › 111.17 - Conflict of provisions; effect.

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 in any situation where the provisions of this subchapter cannot be validly enforced the provisions of such other statutes or laws shall apply.
History:  1995 a. 27; 2011 a. 10.
2023 Wisconsin Statutes & Annotations › Chapter 111 - Employment relations. › 111.18 - Limit on payment to health care institutions.

111.18
Limit on payment to health care institutions.
(1)
In this section:
(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).
(b)
“Proportional share" means the annual revenue of a health care institution received in the form of medical assistance reimbursement or public employee insurance from the state, divided by the total annual revenue of the health care institution.
(2)
(a)
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 employees 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.
2.
Any group of employees of a health care institution subject to subd. 1. may commence an action in circuit court to enforce the provisions of this subsection.
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.
(b)
Paragraph (a) does not apply to:
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.
2.
Attorney fees for services at an administrative agency or court proceeding or in preparation for the proceeding.
3.
Salary paid to a full-time employee of a health care institution's personnel department.
History:  1981 c. 361; 1983 a. 27; 1985 a. 29; 1989 a. 303.
2023 Wisconsin Statutes & Annotations › Chapter 111 - Employment relations. › 111.3205 - Franchisors excluded.

111.3205
Franchisors excluded.
For purposes of this subchapter, a franchisor, as defined in 16 CFR 436.1 (k), is not considered to be an employer of a franchisee, as defined in 16 CFR 436.1 (i), or of an employee of a franchisee, unless any of the following applies:
(1)
The franchisor has agreed in writing to assume that role.
(2)
The franchisor has been found by the department to have exercised a type or degree of control over the franchisee or the franchisee's employees that is not customarily exercised by a franchisor for the purpose of protecting the franchisor's trademarks and brand.
History:  2015 a. 203.
2023 Wisconsin Statutes & Annotations › Chapter 111 - Employment relations. › 111.33 - Age; exceptions and special cases.

111.33
Age; exceptions and special cases.
(1)
The prohibition against employment discrimination on the basis of age applies only to discrimination against an individual who is age 40 or over.
(2)
Notwithstanding sub. (1) and s. 111.322, it is not employment discrimination because of age to do any of the following:
(a)
To terminate the employment of any employee physically or otherwise unable to perform his or her duties.
(b)
To implement the provisions of any retirement plan or system of any employer if the retirement plan or system is not a subterfuge to evade the purposes of this subchapter. No plan or system may excuse the failure to hire, or require or permit the involuntary retirement of, any individual under sub. (1) because of that individual's age.
(d)
To apply varying insurance coverage according to an employee's age.
(e)
To exercise an age distinction with respect to hiring an individual to a position in which the knowledge and experience to be gained is required for future advancement to a managerial or executive position.
(f)
To exercise an age distinction with respect to employment in which the employee is exposed to physical danger or hazard, including, without limitation because of enumeration, certain employment in law enforcement or fire fighting.
(g)
To exercise an age distinction under s. 343.12 (2) (a) and (3).
History:  1981 c. 334; 1983 a. 391, 538.
Sub. (2) (f) exempts the hiring of fire fighters from being the subject of age discrimination suits. A fire department need not show that it openly and consistently discriminated on the basis of age to be exempt under sub. (2) (f). Johnson v. LIRC, 200 Wis. 2d 715, 547 N.W.2d 783 (Ct. App. 1996), 95-2346.
An employee is physically unable to perform a job under sub. (2) if that employee is performing the job with a physical accommodation. Harrison v. LIRC, 211 Wis. 2d 681, 565 N.W.2d 572 (Ct. App. 1997), 96-1795.
A city charged under the federal Age Discrimination in Employment Act had the burden of establishing that a mandatory retirement age of 55 for law enforcement personnel was a bona fide occupational qualification. Equal Employment Opportunity Commission v. City of Janesville, 630 F.2d 1254 (1980).
The federal Employment Retirement Income Security Act preempts sub. (2) (b) to the extent that it applies to employee benefit plans covered by it. Waukesha Engine Division v. DILHR, 619 F. Supp. 1310 (1985).
2023 Wisconsin Statutes & Annotations › Chapter 111 - Employment relations. › 111.337 - Creed; exceptions and special cases.

111.337
Creed; exceptions and special cases.
(1)
Employment discrimination because of creed includes, but is not limited to, refusing to reasonably accommodate an employee's or prospective employee's religious observance or practice unless the employer can demonstrate that the accommodation would pose an undue hardship on the employer's program, enterprise or business.
(2)
Notwithstanding s. 111.322, it is not employment discrimination because of creed:
(a)
For a religious association not organized for private profit or an organization or corporation which is primarily owned or controlled by such a religious association to give preference to an applicant or employee who is a member of the same or a similar religious denomination.
(am)
For a religious association not organized for private profit or an organization or corporation which is primarily owned or controlled by such a religious association to give preference to an applicant or employee who adheres to the religious association's creed, if the job description demonstrates that the position is clearly related to the religious teachings and beliefs of the religious association.
(b)
For a fraternal as defined in s. 614.01 (1) (a) to give preference to an employee or applicant who is a member or is eligible for membership in the fraternal, with respect to hiring to or promotion to the position of officer, administrator or salesperson.
(3)
No county, city, village or town may adopt any provision concerning employment discrimination because of creed that prohibits activity allowed under this section.
History:  1981 c. 334; 1983 a. 189 s. 329 (25); 1987 a. 149.
Sub. (2) does not allow religious organizations to engage in prohibited forms of discrimination. Sacred Heart School Board v. LIRC, 157 Wis. 2d 638, 460 N.W.2d 430 (Ct. App. 1990).
Showing more than a de minimis cost, as that phrase is used in common parlance, does not suffice to establish undue hardship under Title VII of the federal Civil Rights Act. Undue hardship is shown when a burden is substantial in the overall context of an employer's business. An employer must show that the burden of granting an accommodation would result in substantial increased costs in relation to the conduct of its particular business. Courts must apply the test in a manner that takes into account all relevant factors in the case at hand, including the particular accommodations at issue and their practical impact in light of the nature, size, and operating cost of an employer. Groff v. DeJoy, 600 U.S. ___, 143 S. Ct. 2279, 216 L. Ed. 2d 1041 (2023).
A union violated Title VII of the federal Civil Rights Act by causing an employer to fire an employee because of the employee's refusal, on religious grounds, to pay union dues. Nottelson v. Smith Steel Workers D.A.L.U. 19806, 643 F. 2d 445 (1981).
The supreme court redefines employer's role in religious accommodation. Soeka. WBB July 1987.
2023 Wisconsin Statutes & Annotations › Chapter 111 - Employment relations. › 111.345 - Marital status; exceptions and special cases.

111.345
Marital status; exceptions and special cases.
Notwithstanding s. 111.322, it is not employment discrimination because of marital status to prohibit an individual from directly supervising or being directly supervised by his or her spouse.
History:  1981 c. 334.
A work rule intended to limit extramarital affairs among coemployees was not discrimination because of marital status. Federated Rural Electric Insurance Co. v. Kessler, 131 Wis. 2d 189, 388 N.W.2d 553 (1986).
2023 Wisconsin Statutes & Annotations › Chapter 111 - Employment relations. › 111.355 - Military service; exceptions and special cases.

111.355
Military service; exceptions and special cases.
(1)
Employment discrimination because of military service includes an employer, labor organization, licensing agency, employment agency, or other person refusing to hire, employ, admit, or license an individual, barring or terminating an individual from employment, membership, or licensure, or discriminating against an individual in promotion, in compensation, or in the terms, conditions, or privileges of employment because the individual is or applies to be a member of the U.S. armed forces, the state defense force, the national guard of any state, or any reserve component of the U.S. armed forces or because the individual performs, has performed, applies to perform, or has an obligation to perform military service.
(2)
Notwithstanding s. 111.322, it is not employment discrimination because of military service for an employer, licensing agency, employment agency, or other person to refuse to hire, employ, or license an individual or to bar or terminate an individual from employment or licensure because the individual has been discharged from military service under a bad conduct, dishonorable, or other than honorable discharge, or under an entry-level separation, and the circumstances of the discharge or separation substantially relate to the circumstances of the particular job or licensed activity.
History:  2007 a. 159.
2023 Wisconsin Statutes & Annotations › Chapter 111 - Employment relations. › 111.365 - Communication of opinions; exceptions and special cases.

111.365
Communication of opinions; exceptions and special cases.
(1)
Employment discrimination because of declining to attend a meeting or to participate in any communication about religious matters or political matters includes all of the following:
(a)
Discharging or otherwise discriminating against an employee because the employee declines to attend an employer-sponsored meeting or to participate in any communication with the employer or with an agent, representative, or designee of the employer, the primary purpose of which is to communicate the opinion of the employer about religious matters or political matters.
(b)
Threatening to discharge or otherwise discriminate against an employee as a means of requiring the employee to attend a meeting or participate in a communication described in par. (a).
(2)
Notwithstanding s. 111.322, it is not employment discrimination because of declining to attend a meeting or to participate in any communication about religious matters or political matters for an employer to refuse to hire or employ an individual, to suspend or terminate the employment of an individual, or to discriminate against an individual in promotion, in compensation, or in terms, conditions, or privileges of employment, because the individual declines to attend a meeting or to participate in a communication described in sub. (1) (a) if any of the following applies:
(a)
The employer is a religious association not organized for private profit or an organization or corporation that is primarily owned or controlled by such a religious association and the primary purpose of the meeting or communication is to communicate the employer's religious beliefs, tenets, or practices.
(b)
The employer is a political organization, including a political party or any other organization that engages, in substantial part, in political activities, and the primary purpose of the meeting or communication is to communicate the employer's political tenets or purposes.
(c)
The primary purpose of the meeting or communication is to communicate information about religious matters or political matters that the employer is required by law to communicate and no information is communicated about those matters beyond what is legally required.
(3)
This section and s. 111.322 do not limit any of the following:
(a)
The application of s. 11.1207.
(b)
The right of an employer's executive, managerial, or administrative personnel to discuss issues relating to the operation of the employer's program, business, or enterprise, including issues arising under this section.
(c)
The right of an employer to offer meetings or other communications about religious matters or political matters for which attendance or participation is strictly voluntary.
History:  2009 a. 290; 2015 a. 117; 2021 a. 238 s. 45.
2023 Wisconsin Statutes & Annotations › Chapter 111 - Employment relations. › 111.371 - Local ordinance; collective bargaining agreements.

111.371
Local ordinance; collective bargaining agreements.
Section 111.37 does not do any of the following:
(1)
Prevent a county, city, village or town from adopting an ordinance that prohibits honesty testing, restricts the use of honesty testing to a greater extent than s. 111.37 or provides employees with more rights and remedies with respect to honesty testing than are provided under s. 111.37.
(2)
Supersede, preempt or prohibit provisions of a collective bargaining agreement that prohibit honesty testing, restrict the use of honesty testing to a greater extent than s. 111.37 or provide employees with more rights and remedies with respect to honesty testing than are provided under s. 111.37.
History:  1991 a. 289, 315.
2023 Wisconsin Statutes & Annotations › Chapter 111 - Employment relations. › 111.372 - Use of genetic testing in employment situations.

111.372
Use of genetic testing in employment situations.
(1)
No employer, labor organization, employment agency or licensing agency may directly or indirectly:
(a)
Solicit, require or administer a genetic test to any person as a condition of employment, labor organization membership or licensure.
(b)
Affect the terms, conditions or privileges of employment, labor organization membership or licensure or terminate the employment, labor organization membership or licensure of any person who obtains a genetic test.
(2)
Except as provided in sub. (4), no person may sell to or interpret for an employer, labor organization, employment agency or licensing agency a genetic test of an employee, labor organization member or licensee or of a prospective employee, labor organization member or licensee.
(3)
Any agreement between an employer, labor organization, employment agency or licensing agency and another person offering employment, labor organization membership, licensure or any pay or benefit to that person in return for taking a genetic test is prohibited.
(4)
This section does not prohibit the genetic testing of an employee who requests a genetic test and who provides written and informed consent to taking a genetic test for any of the following purposes:
(a)
Investigating a worker's compensation claim under ch. 102.
(b)
Determining the employee's susceptibility or level of exposure to potentially toxic chemicals or potentially toxic substances in the workplace, if the employer does not terminate the employee, or take any other action that adversely affects any term, condition or privilege of the employee's employment, as a result of the genetic test.
History:  1991 a. 117.
The New Genetic World and the Law. Derse. Wis. Law. Apr. 2001.
2023 Wisconsin Statutes & Annotations › Chapter 111 - Employment relations. › 111.375 - Department to administer.

111.375
Department to administer.
(1)
This subchapter shall be administered by the department. The department may make, amend and rescind such rules as are necessary to carry out this subchapter. The department or the commission may, by such agents or agencies as it designates, conduct in any part of this state any proceeding, hearing, investigation or inquiry necessary to the performance of its functions. The department shall preserve the anonymity of any employee who is the aggrieved party in a complaint of discrimination in promotion, compensation or terms and conditions of employment, of unfair honesty testing or of unfair genetic testing against his or her present employer until a determination as to probable cause has been made, unless the department determines that the anonymity will substantially impede the investigation.
(2)
This subchapter applies to each agency of the state.
History:  1975 c. 94; 1977 c. 29, 196; 1979 c. 221, 319, 355; 1981 c. 334 s. 13; Stats. 1981 s. 111.375; 1991 a. 117; 2003 a. 33.
Administrative remedies available under the Wisconsin Fair Employment Act, this subchapter, are the exclusive remedies for violations. The act does not provide a remedy for emotional distress resulting from discriminatory firing. Bachand v. Connecticut General Life Insurance Co., 101 Wis. 2d 617, 305 N.W.2d 149 (Ct. App. 1981).
2023 Wisconsin Statutes & Annotations › Chapter 111 - Employment relations. › 111.38 - Investigation and study of discrimination.

111.38
Investigation and study of discrimination.
Except as provided under s. 111.375 (2), the department shall:
(1)
Investigate the existence, character, causes and extent of discrimination in this state and the extent to which the same is susceptible of elimination.
(2)
Study the best and most practicable ways of eliminating any discrimination found to exist, and formulate plans for the elimination thereof by education or other practicable means.
(3)
Publish and disseminate reports embodying its findings and the results of its investigations and studies relating to discrimination and ways and means of reducing or eliminating it.
(4)
Confer, cooperate with and furnish technical assistance to employers, labor unions, educational institutions and other public or private agencies in formulating programs, educational and otherwise, for the elimination of discrimination.
(5)
Make specific and detailed recommendations to the interested parties as to the methods of eliminating discrimination.
(6)
Transmit to the legislature from time to time recommendations for any legislation which may be deemed desirable in the light of the department's findings as to the existence, character and causes of any discrimination.
History:  1977 c. 196; 1981 c. 334 ss. 18, 25 (2); Stats. 1981 s. 111.38.
2023 Wisconsin Statutes & Annotations › Chapter 111 - Employment relations. › 111.395 - Judicial review.

111.395
Judicial review.
Findings and orders of the commission under this subchapter are subject to review under ch. 227. Orders of the commission shall have the same force as orders of the department under chs. 103 to 106 and may be enforced as provided in s. 103.005 (11) and (12) or specifically by a suit in equity. In any enforcement action the merits of any order of the commission are not subject to judicial review. Upon such review, or in any enforcement action, the department of justice shall represent the commission.
History:  1977 c. 29, 418; 1981 c. 334 s. 23; Stats. 1981 s. 111.395; 1995 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 111 - Employment relations. › 111.50 - Declaration of policy.

111.50
Declaration of policy.
It is hereby declared to be the public policy of this state that it is necessary and essential in the public interest to facilitate the prompt, peaceful and just settlement of labor disputes between public utility employers and their employees which cause or threaten to cause an interruption in the supply of an essential public utility service to the citizens of this state and to that end to encourage the making and maintaining of agreements concerning wages, hours and other conditions of employment through collective bargaining between public utility employers and their employees, and to provide settlement procedures for labor disputes between public utility employers and their employees in cases where the collective bargaining process has reached an impasse and stalemate and as a result thereof the parties are unable to effect such settlement and which labor disputes, if not settled, are likely to cause interruption of the supply of an essential public utility service. The interruption of public utility service results in damage and injury to the public wholly apart from the effect upon the parties immediately concerned and creates an emergency justifying action which adequately protects the general welfare.
The application of the open meetings law to duties of WERC is discussed. 68 Atty. Gen. 171.
2023 Wisconsin Statutes & Annotations › Chapter 111 - Employment relations. › 111.51 - Definitions.

111.51
Definitions.
When used in this subchapter:
(1)
“Arbitrators" refers to the arbitrators provided for in this subchapter.
(2)
“Collective bargaining" means collective bargaining of or similar to the kind provided for by subch. I.
(3)
“Commission" means the employment relations commission.
(4)
“Essential service" means furnishing water, light, heat, gas, electric power, public passenger transportation or communication, or any one or more of them, to the public in this state.
(5)
(a)
“Public utility employer" means any employer, other than the state or any political subdivision thereof, engaged in the business of furnishing water, light, heat, gas, electric power, public passenger transportation or communication, or any one or more of them, to the public in this state; and shall be considered to include a rural electrification cooperative association engaged in the business of furnishing any one or more of such services or utilities to its members in this state.
(b)
Nothing in this subsection shall be interpreted or construed to mean that rural electrification cooperative associations are brought under or made subject to ch. 196 or other laws creating, governing or controlling public utilities, it being the intent of the legislature to specifically exclude rural electrification cooperative associations from the provisions of such laws.
(c)
This subchapter does not apply to railroads nor railroad employees.
History:  1983 a. 189; 1995 a. 225.
2023 Wisconsin Statutes & Annotations › Chapter 111 - Employment relations. › 111.52 - Settlement of labor disputes through collective bargaining and arbitration.

111.52
Settlement of labor disputes through collective bargaining and arbitration.
It shall be the duty of public utility employers and their employees in public utility operations to exert every reasonable effort to settle labor disputes by the making of agreements through collective bargaining between the parties, and by maintaining the agreements when made, and to prevent, if possible, the collective bargaining process from reaching a state of impasse and stalemate.
2023 Wisconsin Statutes & Annotations › Chapter 111 - Employment relations. › 111.53 - Appointment of conciliators and arbitrators.

111.53
Appointment of conciliators and arbitrators.
Within 30 days after July 25, 1947, the commission shall appoint a panel of persons to serve as conciliators or arbitrators under this subchapter. No person shall serve as a conciliator and arbitrator in the same dispute. Each person appointed to said panels shall be a resident of this state, possessing, in the judgment of the commission, the requisite experience and judgment to qualify such person capably and fairly to deal with labor dispute problems. All such appointments shall be made without a consideration of the political affiliations of the appointee. Each appointee shall take an oath to perform honestly and to the best of the appointee's ability the duties of conciliator or arbitrator, as the case may be. Any appointee may be removed by the commission at any time or may resign his or her position at any time by notice in writing to the commission. Any vacancy in the panels shall be filled by the commission within 30 days after such vacancy occurs. Such conciliators and arbitrators shall be paid reasonable compensation for services and for necessary expenses, in an amount to be fixed by the commission, such compensation and expenses to be paid out of the appropriation made to the commission by s. 20.425 upon such authorizations as the commission may prescribe.
History:  1993 a. 492.
2023 Wisconsin Statutes & Annotations › Chapter 111 - Employment relations. › 111.54 - Conciliation.

111.54
Conciliation.
If in any case of a labor dispute between a public utility employer and its employees, the collective bargaining process reaches an impasse and stalemate, with the result that the employer and the employees are unable to effect a settlement thereof, then either party to the dispute may petition the commission to appoint a conciliator from the panel, provided for by s. 111.53. Upon the filing of such petition, the commission shall consider the same, and if in its opinion, the collective bargaining process, notwithstanding good faith efforts on the part of both sides to such dispute, has reached an impasse and stalemate and such dispute, if not settled, will cause or is likely to cause the interruption of an essential service, the commission shall appoint a conciliator from the panel to attempt to effect the settlement of such dispute. The conciliator so named shall expeditiously meet with the disputing parties and shall exert every reasonable effort to effect a prompt settlement of the dispute.