Applications - Wisconsin

Summary of differences between federal and state regulations

There is no one federal law that specifically addresses employment applications, although there are record retention guidelines under a variety of federal laws (see the Recordkeeping topic) and non-discrimination provisions for hiring in general (see the Discrimination topic).

Wisconsin law makes it an unlawful employment practice to use any form of application for employment which implies or expresses any discrimination on the basis of age, race, creed, color, disability, marital status, sex, national origin, ancestry, arrest record, conviction record, membership in the national guard, state defense force or any reserve component of the military forces of the United States or Wisconsin, or the use or nonuse of lawful products off the employer's premises during nonworking hours. §111.321and §111.322(2)

An employer may not request an applicant to supply information on an application form regarding any arrest except for a charge which is pending; there is an exception when employment depends on bondability. §111.335(1)(a)

It is not employment discrimination because of an arrest record to refuse to employ an individual who is subject to a pending criminal charge if the circumstances of the charge substantially relate to the job. §111.335(1)(b)

State

Contact

Wisconsin Department of Workforce Development

Regulations

Wisconsin Statutes Chapter 111, §111.321 and §111.322(2)

Wisconsin Statutes Chapter 111, §111.335(1)(a) and 111.335(1)(b)

Federal

Contacts

None.

Regulations

None.