Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB538

Introduced
10/18/23  
Refer
10/18/23  

Caption

Prohibiting an employer from relying on information about a prospective employee's compensation when making employment decisions or inquiring about a prospective employee's compensation and from restricting an employee's right to disclose compensation information, allowing actions in circuit court, and providing a penalty. (FE)

Impact

The passage of AB538 would significantly impact existing state laws regarding employment discrimination. By repealing provisions that allow employers to inquire about a candidate's past wages, the bill seeks to create a more equitable hiring landscape. The legislation also introduces penalties for employers who fail to comply, including the requirement to post notices of employee rights. Moreover, the bill enables individuals facing discrimination to take legal action in circuit court, providing them with a means to seek justice and uphold their rights.

Summary

Assembly Bill 538 (AB538) aims to enhance employee rights by prohibiting specific employer practices related to compensation information of current and prospective employees. The bill explicitly prevents employers from soliciting information about prior compensation during the hiring process, thereby encouraging fair recruitment practices. It prohibits using this information when making employment decisions and allows employees the freedom to discuss their compensation without fear of retaliation. This initiative is part of broader efforts to combat wage discrimination and promote transparency in compensation practices.

Contention

This bill has sparked debate among stakeholders in the labor market. Proponents argue that it is a necessary step toward closing the wage gap and preventing discrimination based on previous compensation. On the other hand, some business groups have expressed concern that such regulations may complicate hiring processes and increase litigation risks for employers. Key issues include the tension between ensuring fair practices and maintaining operational flexibility for employers. The discussions around AB538 highlight ongoing challenges in balancing employee protections with business interests in the competitive job market.

Companion Bills

No companion bills found.

Previously Filed As

WI AB512

Prohibiting an employer from relying on information about a prospective employee’s compensation when making employment decisions or inquiring about a prospective employee’s compensation and from restricting an employee’s right to disclose compensation information, allowing actions in circuit court, and providing a penalty. (FE)

WI SB540

Prohibiting an employer from relying on information about a prospective employee’s compensation when making employment decisions or inquiring about a prospective employee’s compensation and from restricting an employee’s right to disclose compensation information, allowing actions in circuit court, and providing a penalty. (FE)

WI AB1004

Prohibiting education employers from entering into certain agreements related to information about alleged immoral conduct by an employee and civil immunity for information provided to a prospective employer.

WI SB1000

Prohibiting education employers from entering into certain agreements related to information about alleged immoral conduct by an employee and civil immunity for information provided to a prospective employer.

WI SB0145

Labor: fair employment practices; certain information about a job applicant's compensation history and credit history; prohibit an employer from seeking or asking about. Amends sec. 13a of 1978 PA 390 (MCL 408.483a).

WI A4414

Immunizes employers from civil liability for certain disclosures regarding employees and former employees.

WI SB373

Enacts new law relating to wage range inquiries by employees and prospective employees

WI HB4290

Labor: fair employment practices; certain information about a job applicant's compensation history and credit history; prohibit an employer from seeking or asking about. Amends sec. 13a of 1978 PA 390 (MCL 408.483a).

WI HB636

Prospective employer; prohibited from seeking wage or salary history of prospective employees.

WI SB215

Prospective employer; prohibited from seeking wage or salary history of prospective employees.

Similar Bills

MI SB0372

Housing: landlord and tenants; reuse of certain tenant screening reports; allow. Amends title & sec. 1 of 1972 PA 348 (MCL 554.601) & adds secs. 1e, 1f, 1g & 1h.

NJ A1580

Exempts judges and justices from jury duty.

NJ A1956

Clarifies excuse from jury service for members of the military or reserve under certain circumstances; repeals N.J.S.38A:4-6.

AZ HB2128

Environmental remediation; liability; release

MI HB4995

Housing: landlord and tenants; prohibition of the use of prospective tenants' credit scores as a sole deciding factor for lease eligibility and allowance for landlords to accept reusable screening reports; provide for. Amends title & sec. 1 of 1972 PA 348 (MCL 554.601) & adds secs. 1e, 1f, 1g & 1h.

WI SB1057

Access to prospective tenants’ credit scores and consumer credit reports.

WI AB1058

Access to prospective tenants’ credit scores and consumer credit reports.

UT HB0141

Adoption Modifications