Senate Bill 431 amends the fair employment law in Wisconsin regarding discrimination based on arrest records. The bill modifies the existing provisions that allow employers and licensing agencies to consider pending charges against individuals 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 Wisconsin Supreme Court has interpreted this to mean that the prohibition extends to pending charges, including noncriminal offenses. However, there are exceptions that allow for discrimination if the pending charge is substantially related to the job or licensed activity.

The key change introduced by this bill is the removal of the requirement that the pending charge must be a criminal charge for the exceptions to apply. Specifically, the bill deletes the term "criminal" from the relevant sections of the law, thereby allowing employers and licensing agencies to consider any pending charges, not just criminal ones, when determining employment or licensing eligibility. This change aims to broaden the scope of what can be considered in employment decisions related to arrest records, potentially impacting how individuals with pending charges are treated in the job market.

Statutes affected:
Bill Text: 111.335(2)(b), 111.335, 111.335(4)(a)(intro.)