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 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, meaning that employers can now refuse to hire or license individuals based on any pending charge, provided that the circumstances of the charge are substantially related to the job or licensed activity. This change aims to clarify the legal framework surrounding employment discrimination related to arrest records and broaden the scope of what can be considered by employers and licensing agencies.

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