Wisconsin Archives

Wisconsin Supreme Court Finds That Employers May Consider Domestic Violence Related Convictions in Making Hiring Decisions Generally, employers of Wisconsin are prohibited from discriminating against applicants based on a conviction record unless the circumstances of the record are "substantially related" to the jobs position under the Wisconsin Fair Employment Act (WFEA). Meanwhile, the Wisconsin Labor and Industry Review Commission's (LIRC) position has been that domestic violence crimes generally are not substantially related to any workplace due to the domestic setting of the crime. A recent ruling by the Wisconsin Supreme Court may change this as employers within the Wisconsin state may be able to consider convictions for domestic violence in the same way as other violent crimes. Previously, employers were unable to consider these offenses when considering a candidate's conviction record. In early March 2022, the Wisconsin Supreme Court issued a ruling that found LIRC's position on domestic violence convictions in most cases was incorrect. The court found that, as with other convictions, the substantial relationship test should be considered with domestic violence-related convictions. In this case, the plaintiff had previously been convicted of eight domestic violence-related crimes against his girlfriend. This resulted in a sentence of 30 months in prison and an order to register as a sex offender. Approximately two years later, the plaintiff applied for an applications specialist position with a lighting component manufacturer. In this position, the plaintiff would have helped to design and recommend lighting systems for customers. This would often require the plaintiff to work independently without supervision in both customer facilities and the company's own facilities, which included some poorly monitored locations. The plaintiff responded "yes" on the application to whether he had a felony or misdemeanor conviction. In explanation, he stated that the convictions were domestic in nature. The employer made a conditional offer of employment to the plaintiff contingent upon a background check. This background check uncovered the plaintiff's earlier convictions, and the company withdrew the offer, upon which the plaintiff filed a complaint of discrimination with Wisconsin's Equal Rights Division. In its analysis, the Wisconsin Supreme Court found that the substantial relationship test requires an analysis of the circumstances surrounding a conviction in order to judge its relation to a given position. In considering this, the court found that LIRC's position that domestic violence convictions create an unnecessary exception for crimes that involve an intimate relationship or domestic setting. Rather than focusing on these factors, the court found that the test should instead focus on whether the position in question could provide an opportunity for individuals convicted of domestic violence to recidivate based on the character traits displayed in perpetuating their previous crimes. The court applied this analysis to the plaintiff and found that his crimes showed traits such as a willingness to use violence to control others and a disregard for the health and safety of others. The court additionally considered the circumstance of the convictions and found that they were serious, recent, and part of an emerging pattern of behavior. When considering this analysis in terms of the position in question, the court found that details such as the many secluded locations in the facility and loud noises which could cover the sounds of a struggle presented a particular risk. In addition, the job would place the plaintiff in a position where he may often have his authority challenged by supervisors, customers, and coworkers, and due to the plaintiff's willingness to use violence as a tool to maintain his power and control and the opportunities and incentive that the position could present, the court found that the employer would be forced to accept the inordinate risk of the plaintiff repeating his former conduct. This ruling has significant implications for employers who may now consider convictions of domestic violence-related crimes in the same way as other violent crimes. This means that employers should consider the individual circumstances of an applicant's criminal history and how they relate to a given position in making an employment-related decision. Discover the benefits of Pre-employ’s seamless background checks for your business Contact a Sales representative today. Source

Tag: Wisconsin

Wisconsin Supreme Court Finds That Employers May Consider Domestic Violence Related Convictions in Making Hiring Decisions

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