Wisconsin is one of only a handful states to protect employees from employment discrimination because of their arrest and/or conviction record. Arrest and/or conviction record discrimination cases can be complex because unlike other discrimination laws, the law provides that under certain circumstances discrimination on the basis of arrest and/or conviction is allowed. Carroll Law Firm, SC focuses its entire legal practice on representing employees, professionals and executives. Loyalties will never be divided because the firm does not represent employers.

Attorney Douglas J. Carroll, Jr., the founder and managing attorney at Carroll Law Firm, SC has the knowledge and experience to peel back the layers of management-speak and get at the truth. He has the skill and tenacity to effectively fight for justice regardless of the size and recourses of the employer or the law firm they hire.

Milwaukee Arrest / Conviction Record Discrimination Lawyer

Arrest - Conviction Record Discrimination Is Illegal

What is Conviction Record Discrimination

Conviction record discrimination involves treating an employee or applicant for employment unfavorably because of his or her conviction record. Unless the employer can prove that the facts and circumstances of an individual's conviction are substantially related to the job, an employer may not refuse to hire or discharge an employee because of his or her conviction.

The Wisconsin Fair Employment Act defines Conviction record broadly to include information indicating that an individual has been convicted of any felony, misdemeanor or other offense, has been adjudicated delinquent, has been less than honorably discharged, or has been placed on probation, fined, imprisoned, placed on extended supervision or paroled pursuant to any law enforcement or military authority.

What Is Arrest Record Discrimination

The Wisconsin Fair Employment Act defines "Arrest" quite broadly to include information indicating that a person has been questioned, taken into custody, detained, held for questioning or investigation, arrested, charged, indicted, tor tried for any felony, misdemeanor or other offense.

Unless an employer conducts its own investigation and determines that an employee committed an offense, it is unlawful for an employer to discharge an employee because of arrest regardless of whether the arrest is substantially related to the job. Further an employer may not refuse to hire an applicant or suspend a current employee because of arrest during the pendency of the criminal charge unless the arrest is substantially related to the job.

What does Substantially Related Mean?

The determination of whether an arrest or conviction is substantially related to the job is where complexity arises with regard to arrest and/or conviction record discrimination cases.

The question is supposed to be whether the circumstances of job at issue provide a greater than usual opportunity for criminal conduct or a particular and significant opportunity for criminal acts. It is inappropriate to deny a person employment opportunities based upon mere speculation that he or she might be capable of committing a crime in the workplace, without the facts and circumstances of the job providing any particular reason to believe that there is substantial opportunity to engage in criminal conduct on the job. The mere possibility that a person could re-offend at a particular job does not create a substantial relationship.

Nevertheless, employers and their attorneys can be quite skilled in creating arguments that just about any arrest is substantially related to just about any job. For this reason it is unwise to go it alone in pursuing a claim of arrest and/or conviction record discrimination against an employer.

Disclosing Arrest and Conviction Record on Job Applications

An individual with an arrest or conviction record may be tempted to avoid disclosing his or her arrest record on a job application. It is absolutely critical for job applicants to accurately respond to questions concerning arrests and/or convictions on job applications where required.

You need not disclose information that is not requested but failing to accurately answer the questions asked on a job application could allow a discriminating employer to avoid liability for arrest or conviction record discrimination.