by Casey Kaiser, William Simmons, Littler - JD Supra
Wisconsin Supreme Court took a broad view of what constitutes an arrest record for purposes of the state’s employment discrimination law.
Applicants and employees with non-criminal arrests can be protected under the anti-discrimination provisions, and exceptions to the law’s protections are likely to be interpreted narrowly.
by Christina L. Wabiszewski - Foley
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.
by Erik Gunn - Wisconsin Examiner
A Racine manufacturer acted reasonably when it withdrew a job offer from an applicant convicted of domestic violence, the state Supreme Court ruled Thursday.
In a 4-3 decision, Justice Jill Karofsky stated that Cree Lighting didn’t discriminate unlawfully when it rescinded its offer to hire Derrick Palmer in 2015 after the company learned of his conviction three years earlier in violent attacks on his girlfriend that included strangulation and sexual assault.
