The Wisconsin Supreme Court recently released its decision in Cree, Inc. v. Labor and Industry Review Commission, overturning long-established precedent regarding when an applicant with a domestic violence conviction record may be disqualified from the position because the conviction is “substantially related” to it. Wisconsin Stat. § 111.335(3) prohibits discrimination based on an applicant’s or employee’s arrest or conviction record unless the record is “substantially related” to the underlying position.
The state Labor and Industrial Review Commission’s (LIRC) longstanding application of the “substantially related” test to domestic violence crimes hinged on the intimate, household-related nature of such crimes, which LIRC concluded is inherently missing from a workplace setting. Essentially, LIRC’s application of the exception assumed that domestic abusers would not engage in the same conduct with co-workers or customers, meaning that crimes of domestic violence almost never related to the underlying job.
In 2013, Derrick Palmer was convicted of eight domestic violence crimes against his girlfriend — two counts of felony strangulation and suffocation, four counts of misdemeanor battery, one count of fourth degree sexual assault, and one count of criminal damage to property. Two years after he was released from prison, he applied for an open Applications Specialist position at Cree, Inc., a 600,000 square-foot facility employing more than 1,000 people. The...
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