Tag: Fair Employment Act

What Crimes Are "Substantially Related" Under Wisconsin's Fair Employment Act May Be Changing The state of Wisconsin is one of several states that prohibits employers from considering arrest and conviction records in making employment decisions unless they are "substantially related" to the employment in question. However, crimes performed in a domestic setting have traditionally been held to be less likely to be substantially related by the Wisconsin Labor and Industry Review Commission (LIRC). Many wonder, based on recent events, including the Waukesha Parade Attack, whether it's time for this interpretation to change. Under the Wisconsin Fair Employment Act (WFEA), properly qualified individuals are protected from discrimination based upon arrest or conviction records unless they are substantially related to the employment in question. However, if an applicant or employee accuses an employer of violating this law, the employer may defend their decision by questioning whether or not the employee or applicant's charge or conviction substantially relates to the position they seek or hold. In other words, an employer may suspend an existing employee or refuse to hire an applicant in cases where a crime is substantially related to the position. In some previous decisions, the Wisconsin Labor and Industry Review Commission (LIRC) has appeared to hold that crimes which occurred in a domestic setting and involved a personal relationship with the offender are less likely to reoccur in an employment setting. Thus, the crimes are less likely to be substantially related to the position for which an individual holds or is being considered. However, in light of many recent incidents of public violence, many question whether or not this will change. Multiple incidents of public violence in Wisconsin, such as the recent Waukesha parade attack and previously the Brookfield Salon shooting, have involved perpetrators with a history of domestic violence. Recent studies have found that several recent mass shootings have been related to domestic violence. This type of analysis throws some doubt on whether or not a history of domestic violence is, in fact, substantially unrelated to the potential of reoffending in a way that may harm the workplace or completely unrelated individuals. As a result, there is a substantial question as to whether or not the LIRC will continue to leave room for argument that a conviction or arrest related to a domestic context is distinguishable from those committed in another situation. This question is being considered in a case currently before the Wisconsin Supreme Court. This could offer employers a considerable degree of context on what must be considered in judging whether or not a candidate or employee may be excluded. Pre-employ offers free resources to help you stay compliant in your hiring practices. Check out our guide on 5 Tips To Avoid FCRA Non-Compliance to keep your company up-to-date. STAY COMPLIANT WITH YOUR BACKGROUND CHECKS

Tag: Fair Employment Act

What Crimes Are “Substantially Related” Under Wisconsin’s Fair Employment Act May Be Changing

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