Wisconsin Arrest Record Protections Clarified
In a recent ruling, the Wisconsin Supreme Court held that the state's arrest record discrimination protections, which cover employers of all sizes, apply to non-criminal offenses. Non-criminal offenses are those punishable by a civil penalty, as opposed to criminal offenses which are punishable by fine or imprisonment. These non-criminal offenses can range from minor infractions like failing to use a turn signal to more serious violations such as first-time operating-while-intoxicated.
The Court's decision interprets the statute's broad language, defining an arrest record to include instances where someone is questioned, apprehended, held for investigation, arrested, charged, indicted, or tried for any felony, misdemeanor, or other offense, including a non-criminal offense.
Action Item:
Ensure managers and those involved in hiring are aware that they cannot take adverse action based on non-criminal arrest records unless they substantially relate to the job.