103.15 Restrictions on use of an HIV test.
(1) In this section:
(a) “Employer" includes the state, its political subdivisions and any office, department, independent agency, authority, institution, association, society or other body in state or local government created or authorized to be created by the constitution or any law, including the legislature and the courts.
(am) “HIV" means any strain of human immunodeficiency virus, which causes acquired immunodeficiency syndrome.
(b) “HIV infection" means the pathological state produced by a human body in response to the presence of HIV.
(bm) “HIV test" has the meaning given in s. 252.01 (2m).
(c) “State epidemiologist" means the individual designated by the secretary of health services as the individual in charge of communicable disease control for this state.
(2) Notwithstanding ss. 227.01 (13) and 227.10 (1), unless the state epidemiologist determines and the secretary of health services declares under s. 250.04 (1) or (2) (a) that individuals who have HIV infections may, through employment, provide a significant risk of transmitting HIV to other individuals, no employer or agent of an employer may directly or indirectly:
(a) Solicit or require an HIV test as a condition of employment of any employee or prospective employee.
(b) Affect the terms, conditions or privileges of employment or terminate the employment of any employee who obtains an HIV test, as defined in s. 252.01 (2m).
(3) Any agreement by an employer or agent of the employer and an employee or prospective employee offering employment or any pay or benefit to an employee or prospective employee in return for taking an HIV test is prohibited, except as provided under sub. (2) (intro.).
History: 1985 a. 29, 73; 1987 a. 70 ss. 1, 36; 1987 a. 403 s. 256; 1989 a. 201 ss. 6, 36; 1989 a. 225; 1993 a. 27; 1995 a. 27 s. 9126 (19); 2007 a. 20 s. 9121 (6) (a); 2009 a. 209.
A police and fire commission is an “employer" under this section and may not test paramedic candidates for the HIV virus. 77 Atty. Gen. 181.
The Rights of an AIDS Victim in Wisconsin. Smigelski. 70 MLR 55 (1986).
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 103 - Employment regulations.
103.005 - Powers, duties and jurisdiction of department.
103.007 - Local regulation of hours of labor and overtime; statewide concern; uniformity.
103.01 - Hours of labor; definitions.
103.025 - Hours of labor; compensatory time.
103.04 - Labor and industry review commission.
103.05 - Hiring reporting system; state directory of new hires.
103.06 - Worker classification compliance.
103.10 - Family or medical leave.
103.11 - Bone marrow and organ donation leave.
103.12 - Local regulation of employment benefits; statewide concern; uniformity.
103.13 - Records open to employee.
103.14 - Grooming requirement; notification.
103.15 - Restrictions on use of an HIV test.
103.16 - Seats for employees; penalty.
103.165 - Employee's cash bonds to be held in trust; duty of employer; penalty.
103.18 - Threat or promise to influence vote.
103.21 - Street trades; definitions.
103.22 - General standards and powers of the department.
103.245 - Designation of a permit officer.
103.25 - Permits and identification cards.
103.26 - Refusal or revocation of permits and identification cards.
103.27 - Duties of employers of minors in street trades.
103.275 - Duties of employers in house-to-house street trades.
103.30 - Penalty on newspapers for allowing minors to loiter around premises.
103.31 - Penalty on parent or guardian.
103.32 - Recovery of arrears of wages.
103.33 - Discriminatory acts; street trades.
103.34 - Regulation of traveling sales crews.
103.35 - Information required for licensure.
103.37 - Certain requirements to obtaining employment prohibited.
103.38 - Eight-hour work day; applicability.
103.43 - Fraudulent advertising for labor.
103.45 - Time checks; penalty.
103.455 - Deductions for faulty workmanship, loss, theft or damage.
103.457 - Listing deductions from wages.
103.465 - Restrictive covenants in employment contracts.
103.503 - Substance abuse prevention on public works and public utility projects.
103.505 - Collective bargaining; definitions.
103.51 - Public policy as to collective bargaining.
103.52 - “ Yellow-dog" contracts.
103.53 - Lawful conduct in labor disputes.
103.535 - Unlawful conduct in labor controversies.
103.54 - Responsibility for unlawful acts.
103.545 - Recruitment of strikebreakers.
103.55 - Public policy as to labor litigation.
103.56 - Injunctions: conditions of issuance; restraining orders.
103.57 - Clean hands doctrine.
103.58 - Injunctions: contents.
103.59 - Injunctions: appeals.
103.61 - Punishment for contempt.
103.64 - Employment of minors; definitions.
103.65 - General standards for employment of minors.
103.66 - Powers and duties of the department relating to employment of minors.
103.67 - Minimum ages in various employments.
103.695 - Designation of a permit officer.
103.70 - Permits necessary for minors; exceptions.
103.71 - Conditions for issuance of permits.
103.72 - Refusal and revocation of permits.
103.73 - Form and requisites of permit; as evidence.
103.74 - Duties of employers of minors.
103.76 - Proof of age in court.
103.78 - Minors in public exhibitions, radio and television broadcasts, modeling.
103.805 - Fees; permits and certificates of age.
103.81 - Advertising; penalty.
103.83 - Discriminatory acts; employment of minors.
103.85 - One day of rest in seven.
103.86 - Employee welfare funds: default in payments.
103.87 - Employee not to be disciplined for testifying.
103.905 - Department's duties.
103.91 - Migrant labor contractors.
103.915 - Migrant work agreements.
103.917 - Safe transportation.
103.92 - Certification of migrant labor camps.
103.94 - Civil action by migrant workers.
103.945 - Nonwaiver of rights.
103.96 - Retaliation prohibited.
103.967 - Duties of council on migrant labor.
103.968 - Council review of rules.