Wisconsin

Who must follow: This law applies employers in Wisconsin.

Adverse Action Implications: An employer may only refuse to hire a qualified applicant because of a conviction record if the offense is substantially related to the circumstances of a particular job.

STATE LAWS — PUBLIC SECTOR

LOCAL JURISDICTIONS

DANE COUNTY, WI – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for Dane County, WI.

Timing of inquiry: Public sector employers for Dane County may not inquire into criminal history on the job application.

Adverse action implications:

• Pre-adverse action. As part of your pre-adverse action process, you must inform the applicant which specific convictions could lead to final adverse action.
• Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.

MADISON, WI – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers and city contractors for the city of Madison, WI. City contractors are only required to comply with this law if awarded a contract over $25,000.

Timing of inquiry: Public sector employers and city contractors for the city of Madison may only inquire into criminal history after a conditional offer of employment.

Adverse action implications: 

Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.

MILWAUKEE, WI – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the City of Milwaukee, WI.

Timing of inquiry: Public sector employers for the city of Milwaukee may only inquire into criminal history after the candidate is placed on an “employee eligibility list.”

Adverse action implications: None

MILWAUKEE COUNTY, WI – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for Milwaukee County, WI.

Timing of inquiry: Public sector employers for Milwaukee County may not inquire into criminal history on the job application.

Adverse action implications: None