In Wisconsin, discrimination in employment based on an arrest record or a conviction record is generally unlawful. There are exceptions where the job and a conviction are substantially related. View the test for “substantial relationship” between a conviction record and a job by clicking here. Where the arrest or conviction record are not substantially related, an employer may not refuse to hire or terminate someone just because of an arrest record or a conviction. There are also special rules when someone has a pending arrest.
Violations of a health care worker whistleblower’s rights in Wisconsin may give rise to a claim for lost wages and reinstatement to the job.
To pursue a claim, you must file a complaint of discrimination with the Equal Rights Division in Wisconsin, generally within 300 days of the discriminatory act. This is an important time frame, as if the complaint isn’t timely filed, you can lose your right to pursue any remedies for violation of your rights. Click here for more information about filing a complaint with the Equal Rights Division.
Whether your rights were violated is a fact intensive inquiry. We review potential claims of arrest and conviction record discrimination on an individual consultation basis, where we discuss what occurred, the law and whether we are interested in representing you in pursuing a violation. To find out more, contact us.