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Recent Development on Arrest Record Discrimination and the Onalaska Defense
HR Heads Up | 05.25.22
Employers covered by the Wisconsin Fair Employment Act (WFEA) are generally prohibited from discriminating against individuals on the basis of their arrest and/or conviction records, subject to certain exceptions. There are key differences in the analysis depending on whether a “conviction” or an “arrest” record is at issue. Generally, employers have more leeway to consider conviction records and are extremely restricted in considering arrest records when making employment decisions. However, employers may generally discharge or refuse to hire an individual based on the individual’s arrest record if, through the employer’s independent investigation of the conduct underlying the arrest, it concludes that the individual did commit the conduct for which the individual was arrested.