Wisconsin Statutes 111.35 – Use or nonuse of lawful products; exceptions and special cases
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Terms Used In Wisconsin Statutes 111.35
- 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. See Wisconsin Statutes 111.32
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Employer: means the state and each agency of the state and, except as provided in par. See Wisconsin Statutes 111.32
- Employment agency: means any person, including this state, who regularly undertakes to procure employees or opportunities for employment for any other person. See Wisconsin Statutes 111.32
- Fire fighter: includes a person serving under…. See Wisconsin Statutes 990.01
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Labor organization: means :
(a) Any organization, agency or employee representation committee, group, association or plan in which employees 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
(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. See Wisconsin Statutes 111.32License: 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. See Wisconsin Statutes 111.32 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. See Wisconsin Statutes 111.32 Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01 State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01 Statute: A law passed by a legislature.
(1)
(a) Notwithstanding s. 111.322, it is not employment discrimination because of use of a lawful product off the employer‘s premises during nonworking hours for a nonprofit corporation that, as one of its primary purposes or objectives, discourages the general public from using a lawful product 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 that individual uses off the employer’s premises during nonworking hours a lawful product that the nonprofit corporation discourages the general public from using.
(b) Notwithstanding s. 111.322, it is not employment discrimination because of nonuse of a lawful product off the employer’s premises during nonworking hours for a nonprofit corporation that, as one of its primary purposes or objectives, encourages the general public to use a lawful product 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 that individual does not use off the employer’s premises during nonworking hours a lawful product that the nonprofit corporation encourages the general public to use.
(2) Notwithstanding s. 111.322, it is not employment discrimination because of use or nonuse of a lawful product off the employer’s premises during nonworking hours for an employer, labor organization, employment agency, licensing agency or other person to refuse to hire, employ, admit, or license an individual, to bar, suspend or terminate an individual from employment, membership or licensure, or to discriminate against an individual in promotion, in compensation or in terms, conditions or privileges of employment or labor organization membership if the individual’s use or nonuse of a lawful product off the employer’s premises during nonworking hours does any of the following:
(a) Impairs the individual’s ability to undertake adequately the job-related responsibilities of that individual’s employment, membership or licensure.
(b) Creates a conflict of interest, or the appearance of a conflict of interest, with the job-related responsibilities of that individual’s employment, membership or licensure.
(c) Conflicts with a bona fide occupational qualification that is reasonably related to the job-related responsibilities of that individual’s employment, membership or licensure.
(d) Constitutes a violation of s. 254.92 (2).
(e) Conflicts with any federal or state statute, rule or regulation.
(3)
(a) Notwithstanding s. 111.322, it is not employment discrimination because of use of a lawful product off the employer’s premises during nonworking hours for an employer, labor organization, employment agency, licensing agency or other person to offer a policy or plan of life, health or disability insurance coverage under which the type of coverage or the price of coverage for an individual who uses a lawful product off the employer’s premises during nonworking hours differs from the type of coverage or the price of coverage provided for an individual who does not use that lawful product, if all of the following conditions apply:
1. The difference between the premium rates charged to an individual who uses that lawful product and the premium rates charged to an individual who does not use that lawful product reflects the cost of providing the coverage to the individual who uses that lawful product.
2. The employer, labor organization, employment agency, licensing agency or other person that offers the coverage provides each individual who is charged a different premium rate based on that individual’s use of a lawful product off the employer’s premises during nonworking hours with a written statement specifying the premium rate differential used by the insurance carrier.
(b) Notwithstanding s. 111.322, it is not employment discrimination because of nonuse of a lawful product off the employer’s premises during nonworking hours for an employer, labor organization, employment agency, licensing agency or other person to offer a policy or plan of life, health or disability insurance coverage under which the type of coverage or the price of coverage for an individual who does not use a lawful product off the employer’s premises during nonworking hours differs from the type of coverage or the price of coverage provided for an individual who uses that lawful product, if all of the following conditions apply:
1. The difference between the premium rates charged to an individual who does not use that lawful product and the premium rates charged to an individual who uses that lawful product reflects the cost of providing the coverage to the individual who does not use that lawful product.
2. The employer, labor organization, employment agency, licensing agency or other person that offers the coverage provides each individual who is charged a different premium rate based on that individual’s nonuse of a lawful product off the employer’s premises during nonworking hours with a written statement specifying the premium rate differential used by the insurance carrier.
(4) Notwithstanding s. 111.322, it is not employment discrimination because of use of a lawful product off the employer’s premises during nonworking hours to refuse to employ an applicant if the applicant’s use of a lawful product consists of smoking tobacco and the employment is as a fire fighter covered under s. 891.45 or 891.455.