Madison, WI: Restrictions on Use of Arrest and Conviction Records in Employment
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APPLIES TO All Employers with Employees in Madison, WI |
EFFECTIVE December 5, 2024 |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion:
The City of Madison, Wisconsin amended its Equal Opportunities Ordinance to align with the Wisconsin Fair Employment Act (WFEA). The WFEA prohibits employers from discriminating against applicants and employees on the basis of arrest and conviction records. An employer must find that the crimes “substantially related” to the circumstances of the job in order to make decisions based on arrest and conviction records. Madison’s Equal Opportunities Ordinance had a similar restriction; however, it was limited to a three-year lookback period.
Effective December 5, 2024, the Madison Common Council amended the ordinance to remove the three-year lookback period. However, it also added the following to the ordinance which differs from WFEA:
Whether the circumstances of any such offense substantially relate to the circumstances of the particular job or licensed activity shall be based on the facts of the particular offense, including but not limited to the seriousness of the offense, the passage of time since the employee or applicant was placed on probation, paroled, released from incarceration, or paid a fine, for a felony, misdemeanor, or other offense, the age of the employee or applicant at the time the offense occurred, and the character of the employee or applicant.
How an employer is to consider the “character of the employee or applicant” is not clarified in the amendment. Madison employers should consult with legal counsel to make sure they are compliant with federal, state, and local requirements when it comes to reliance on criminal records in the hiring process.
Action Items
- Review use of arrest and conviction records in hiring with legal counsel.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase