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AJR 102: Prohibit Government Discrimination or Preferential Treatment

What it would do:
 This amendment would add a new section to the Wisconsin Constitution prohibiting governmental entities from discriminating against or providing preferential treatment to individuals or groups based on race, sex, color, ethnicity, or national origin. The restrictions would apply to areas including public employment, public education, public contracting, and public administration.

Potential impacts on the business community:
 The amendment could affect how state and local governments approach hiring, contracting, procurement, education, and other administrative programs. For businesses, the most direct area of interest is public contracting, since the amendment could affect how government entities structure certain contracting and procurement practices. It could also influence policies used by public employers and government agencies involving race, sex, ethnicity, color, or national origin. Businesses that contract with or receive services from government entities could therefore be affected depending on how the amendment is implemented.

Supporters and opponents have offered different interpretations of how the amendment could affect existing diversity, equity, and inclusion programs and other government efforts to address discrimination. These are policy interpretations rather than established effects of the amendment.

Bottom line:
 The amendment would establish constitutional restrictions on how Wisconsin governmental entities may use race, sex, color, ethnicity, or national origin in public employment, education, contracting, and administration.

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