The Supreme Court of Wisconsin recently provided significant guidance resolving uncertainty about the scope of the Wisconsin Fair...

United States Wisconsin Employment and HR

Brian M. Radloff and Corey J. Triggs Your Author LinkedIn Connections

The Supreme Court of Wisconsin recently provided significant guidance resolving uncertainty about the scope of the Wisconsin Fair Employment Act's (WFEA) prohibition against discrimination based on an employee's or applicant's arrest record. The court held that "arrest record" includes noncriminal offenses, such as municipal theft, reversing the Wisconsin Court of Appeals. As a result, adverse employment actions based on an individual's arrest record for a civil offense may now form the basis of a claim of unlawful discrimination.

Quick Hits

• The Wisconsin Supreme Court interpreted the phrase "any ... other offense" in the WFEA to include noncriminal offenses.
• The court's interpretation is the final chapter in extended, seesaw litigation resulting from a school district's decision to fire two employees who allegedly stole scrap metal from the district, pocketing the money they received from recycling the stolen material.
• The district elected to dismiss the brothers after they were cited by the police for municipal theft (a noncriminal offense).
• Relying on its expansive interpretation of the term "other offense," the court determined that the district's decision to fire the employees was based on "arrest record," in violation of...

Read Full Story: https://news.google.com/rss/articles/CBMilwJBVV95cUxPaG9uNk5fZmR2MkNmbVA0emcw...