In Wisconsin, state law protects an employee from workplace discrimination because of an arrest or conviction record under certain circumstances. However, it is not employment discrimination under state law when the arrest or conviction is substantially related to the employment.
The City of Madison has its own anti-discrimination ordinance, which, like state law, states that it is not employment discrimination under when an employee’s arrest or conviction is substantially related to the employment. Unlike state law, this only applied under Madison’s ordinance if the arrest or conviction had occurred within the last three years. That is, there was a time limit for how far back an employer could consider an employee’s arrest or conviction record.
Now, however, Madison has amended its ordinance to remove that three year limitation, bringing it in line with state law. It does clarify, though, that whether the circumstances of any such offense substantially relate to the circumstances of the particular job or licensed activity “shall be based on the facts of the particular offense, including but not limited to the seriousness of the offense, the passage of time since the employee or applicant was placed on probation, paroled, released from incarceration, or paid a fine, for a felony, misdemeanor, or other offense, the age of the employee or applicant at the time the offense occurred, and the character of the employee or applicant.”
You can find the amendment to the ordinance here.
