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