Wisconsin’s general fair employment act extends to criminal record as a prohibited ground for adverse action by public and private employers and licensing agencies (it is one of only a handful of states to include such a provision and provide for its administrative enforcement). However, it is not unlawful under this law to take adverse action based on arrest or conviction that is “substantially related” to the specific job or licensed activity. If a conviction has been expunged, it cannot be used to show “substantial relationship.” Public employers are also prohibited from asking civil service applicants about their criminal history until an applicant has been “certified” for a position. If asked, a job applicant must reveal a pardoned conviction.
If a licensing agency denies a license because of a conviction, the decision must be justified in writing. Before denying or terminating a license based on a prior conviction, an agency must state its reasons in writing, including “a statement of how the circumstances of the offense relate to the particular licensed activity.” An agency must also provide individuals with an opportunity to show evidence of rehabilitation and fitness to engage in the licensed activity, and it may not deny if both are shown. Individuals may request a preliminary determination about whether their criminal history will be disqualifying.
