Wisconsin Supreme Court Strengthens Employers Defenses in Some Arrest and Conviction Record Discrimination Cases

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.

Read more: https://www.foley.com/en/insights/publications/2022/04/wi-supreme-court-strengthens-employers-defenses

Court: Employer didn’t discriminate when it rejected applicant with domestic violence conviction

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In a 4-3 decision, Justice Jill Karofsky stated that Cree Lighting didn’t discriminate unlawfully when it rescinded its offer to hire Derrick Palmer in 2015 after the company learned of his conviction three years earlier in violent attacks on his girlfriend that included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.

Read more: https://wisconsinexaminer.com/2022/03/10/court-employer-didnt-discriminate-when-it-rejected-applicant-with-domestic-violence-conviction/