Assembly Bill 430 amends the fair employment law in Wisconsin regarding discrimination based on an individual's arrest record. The bill modifies the existing provisions that allow employers and licensing agencies to consider pending charges when making employment or licensing decisions. Currently, it is unlawful for employers to discriminate against individuals based on their arrest records, which include any information related to being questioned, apprehended, or charged with an offense. The bill responds to a Wisconsin Supreme Court ruling that interpreted the term "other offense" to include noncriminal charges, thereby extending the prohibition against discrimination to pending charges beyond just criminal ones.
The key change introduced by this bill is the removal of the requirement that pending charges must be criminal in nature for employers and licensing agencies to consider them in their decision-making processes. Specifically, the bill deletes the term "criminal" from the exceptions that allow for discrimination based on arrest records, thereby broadening the scope of circumstances under which an employer or licensing agency may refuse to hire or license an individual based on pending charges. This change aims to clarify and potentially expand the criteria under which employment discrimination can be assessed in relation to arrest records.
Statutes affected: Bill Text: 111.335(2)(b), 111.335, 111.335(4)(a)(intro.)