Wisconsin
  • Updated on 12 Mar 2020
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Wisconsin

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Ban-The-Box & Fair Hiring Laws By State

We update this overview of ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.

Guidance
Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.


STATE LAWS — PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the State of Wisconsin.

Timing of inquiry: Public sector employers for the state of Wisconsin may only inquire into criminal history after the applicant is certified for the position.

Adverse action implications:

  • Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.

COUNTY LAWS

DANE COUNTY, WI – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for Dane County, WI.

Timing of inquiry: Public sector employers for Dane County may not inquire into criminal history on the job application.

Adverse action implications:

  • Pre-adverse action. As part of your pre-adverse action process, you must inform the applicant which specific convictions could lead to final adverse action.
  • Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.

MADISON, WI – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers and city contractors for the city of Madison, WI. City contractors are only required to comply with this law if awarded a contract over $25,000.

Timing of inquiry: Public sector employers and city contractors for the city of Madison may only inquire into criminal history after a conditional offer of employment.

Adverse action implications: 

Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.

MILWAUKEE, WI – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the City of Milwaukee, WI.

Timing of inquiry: Public sector employers for the city of Milwaukee may only inquire into criminal history after the candidate is placed on an “employee eligibility list.”

Adverse action implications: None

MILWAUKEE COUNTY, WI – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for Milwaukee County, WI.

Timing of inquiry: Public sector employers for Milwaukee County may not inquire into criminal history on the job application.

Adverse action implications: None


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