Hiring

Advertising

What are the requirements relating to advertising open positions?

Under Wisconsin law, an employer can not advertise open positions in a fraudulent or deceptive matter. Illegal advertisements include false pretences concerning or arising from any of the following:

• the kind and character of the work to be done;
• the amount and character of compensation to be paid for work;
• the sanitary or other conditions of employment; and
• failure to state that there is a strike or lockout at the place of employment if a strike or lockout actually exists at the time.

In addition, advertisements shall not be made in a manner that indicates discrimination by a preference or limitation.

Background checks

(a)Criminal records and arrests

The WFEA prohibits an employer from discriminating against any applicant or employee because of an arrest or conviction record, unless the employer can establish that there is a relationship between the job and the offense. https://docs.legis.wisconsin.gov/statutes/statutes/111/ii/335. An employer may not ask an applicant, employee or any other individual to provide information about an arrest record. However, employers may ask about any pending charges or convictions.

Refusal to employ any individual who is subject to a pending criminal charge does not constitute employment discrimination if the circumstances of the charge substantially relate to the circumstances of the particular job or licensed activity.

Refusal to employ an individual...

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