...
Summary of differences between federal and state regulations
Arrest & conviction record inquiries
Applies to civil service positions. 2015 Wisconsin Act 150.
Effective July 1, 2016, applicants may not be required to supply information regarding a conviction record on an application or otherwise before the applicant has been certified for the position. This does not apply when a specific conviction record would disqualify an applicant from a particular position.
Public employers may not ask about arrests, unless the charges are pending. An employer may deny or suspend employment based on a pending arrest record only if the circumstances of the arrest relate to the job to be performed. An employer must state that a conviction is not an automatic bar of employment and will be considered only if related to the job. An employer may not discriminate based on conviction records, but may deny employment based on a conviction record if the circumstances of the conviction relate to the job to be performed. Wisconsin Statute 111.335.
Employer immunity from disclosure claims
In Wisconsin, an employer/former employer may disclose to a prospective employer, upon request of the prospective employer or employee/former employee, a reference, unless he/she is not acting in good faith. An employer may be liable for disclosures not made in good faith. Lack of good faith may be shown if the employer/former employer provided knowingly false information, maliciously made the reference, or violated a discrimination law.
Two or more people may not prevent a person from obtaining employment; prevent a person (by use of a threat, promise, or blacklist) from keeping employment; nor blacklist a discharged employee or employee who left voluntarily. A person may not threaten, force, or coerce anyone in order to prevent a person from obtaining or keeping employment.
An employer may provide truthful reasons for an employee’s discharge upon request of the discharged employee, a prospective employer, or bondsman or surety. However, an employer may not provide reasons for discharging an employee if the intent is to blacklist the employee or prevent him/her from obtaining employment.
State
Contacts
Employer immunity from disclosure claims
Wisconsin Court System - Director of State Courts
Wisconsin Department of Agriculture, Trade, and Consumer Protection
Arrest record inquiries
Wisconsin Department of Workforce Development
Conviction record inquiries
Wisconsin Department of Workforce Development
Regulations
Employer immunity from disclosure claims
Wisconsin Statute 895.487, Civil liability exemption; employment references
Wisconsin Statute 134.02, Blacklisting and coercion of employees
Wisconsin Statute 134.03, Preventing pursuit of work
Arrest record inquiries
Wisconsin Statute 111.321, Prohibited bases of discrimination
Wisconsin Statute 111.335, Arrest or conviction record; exceptions and special cases
Conviction record inquiries
Wisconsin Statute 111.321, Prohibited bases of discrimination
Wisconsin Statute 111.335, Arrest or conviction record; exceptions and special cases
Federal
Contacts
Employer immunity from disclosure claims
None.
Arrest record inquiries
Equal Employment Opportunity Commission (EEOC)
Conviction record inquiries
Equal Employment Opportunity Commission (EEOC)
Regulations
Employer immunity from disclosure claims
None.
Arrest record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.
Conviction record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.