Wanezek, Jaekels, Daul & Babcock, S.C. Attorneys at Law — Founded 1908

WORKPLACE AND CONVICTION RECORDS IN WISCONSIN

Wisconsin’s Fair Employment Act protects people with felony conviction from employment discrimination. This protection is available only under state law as there is no federal equivalent. Employers are not allowed to discriminate based on past convictions or charges unless it “substantially relates to the job.” The substantial relationship is determined by comparing the circumstances surrounding the crime with the circumstances surrounding the job. If a felon convicted of embezzlement applied for an accounting position, it is likely that there would be a finding that the two positions are “substantially related.” However if that same felon applied for a job as a cook, there is little basis to claim the conviction is “substantially related” to the job. The healthcare industry has some additional requirements when it comes to employment as some offenses are automatically considered to be related under the Wisconsin Caregiver Law. When it comes to discrimination cases, the more documentation you have the better. Employers sometimes violate the Wisconsin Fair Employment Act by discriminating against those with criminal convictions or pending charges. Our firm has extensive experience in resolving these claims. Contact Attorney David D. Daul for a consultation.