111.35 Use or nonuse of lawful products; exceptions and special cases.
(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.
History: 1991 a. 310; 1995 a. 352; 1997 a. 173; 1999 a. 9.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 111 - Employment relations.
111.05 - Representatives and elections.
111.06 - What are unfair labor practices.
111.07 - Prevention of unfair labor practices.
111.08 - Financial reports to employees.
111.09 - Rules, orders, transcripts, training programs and fees.
111.115 - Notice of certain proposed strikes.
111.12 - Duties of the attorney general and district attorneys.
111.15 - Construction of subchapter I.
111.17 - Conflict of provisions; effect.
111.18 - Limit on payment to health care institutions.
111.19 - Title of subchapter I.
111.31 - Declaration of policy.
111.3205 - Franchisors excluded.
111.321 - Prohibited bases of discrimination.
111.322 - Discriminatory actions prohibited.
111.325 - Unlawful to discriminate.
111.33 - Age; exceptions and special cases.
111.335 - Arrest or conviction record; exceptions and special cases.
111.337 - Creed; exceptions and special cases.
111.34 - Disability; exceptions and special cases.
111.345 - Marital status; exceptions and special cases.
111.35 - Use or nonuse of lawful products; exceptions and special cases.
111.355 - Military service; exceptions and special cases.
111.36 - Sex, sexual orientation; exceptions and special cases.
111.365 - Communication of opinions; exceptions and special cases.
111.37 - Use of honesty testing devices in employment situations.
111.371 - Local ordinance; collective bargaining agreements.
111.372 - Use of genetic testing in employment situations.
111.375 - Department to administer.
111.38 - Investigation and study of discrimination.
111.39 - Powers and duties of department.
111.50 - Declaration of policy.
111.52 - Settlement of labor disputes through collective bargaining and arbitration.
111.53 - Appointment of conciliators and arbitrators.
111.55 - Conciliator unable to effect settlement; appointment of arbitrators.
111.56 - Existing state of affairs to be maintained.
111.57 - Arbitrator to hold hearings.
111.58 - Standards for arbitration.
111.59 - Filing order with clerk of circuit court; period effective; retroactivity.
111.60 - Judicial review of order of arbitrator.
111.61 - Commission to establish rules.
111.62 - Strikes, work stoppages, slowdowns, lockouts, unlawful; penalty.
111.70 - Municipal employment.
111.77 - Settlement of disputes.
111.825 - Collective bargaining units.
111.83 - Representatives and elections.
111.84 - Unfair labor practices.
111.845 - Wage deduction prohibition.
111.85 - Fair-share and maintenance of membership agreements.
111.86 - Grievance arbitration.
111.91 - Subjects of bargaining.
111.93 - Effect of labor organization; status of existing benefits and rights.
111.935 - Representatives and elections for research assistants.