Wisconsin Expands Arrest Record Protections - HR ALERTS

Wisconsin Expands Arrest Record Protections

Effective: N/A

New Court Ruling:

The Wisconsin Supreme Court recently clarified that arrest record discrimination protections apply to non-criminal offenses as well as criminal offenses.

Non-criminal offenses are punishable by a civil penalty rather than jail time (examples include minor traffic violations like failure to signal and first-time operating-while-intoxicated offenses).

The Court emphasized that the law’s broad definition of an "arrest record" includes questioning, apprehension, investigation, arrest, charges, or trial for any felony, misdemeanor, or other offense — including non-criminal offenses.

Action Item for Employers:

Ensure all hiring managers and decision-makers understand that they cannot take adverse employment actions based on a non-criminal arrest record, unless the offense is substantially related to the job duties.

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