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More Arrested Developments: Wisconsin Supreme Court Holds ‘Arrest Record’ Encompasses Noncriminal Civil Violations

Ogletree Deakins — Sun, 27 Apr 2025 20:56:52 +0000

The Supreme Court of Wisconsin recently provided significant guidance resolving uncertainty about the scope of the Wisconsin Fair Employment Act’s (WFEA) prohibition against discrimination based on an employee’s or applicant’s arrest record. The court held that “arrest record” includes noncriminal offenses, such as municipal theft, reversing the Wisconsin Court of

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Potential Unlawful Conduct + Employment Decisions: Wisconsin Court Redefines Arrest Record Discrimination

Jackson Lewis — Tue, 15 Apr 2025 18:33:12 +0000

TakeawaysThe Wisconsin Supreme Court’s Cota decision clarifies that even employees’ non-criminal, municipal citations are “arrest records” covered by the state employment law’s prohibition on arrest record discrimination.The decision means that violations of the law can occur even where the arrest record might play a small part in an employer’s motivation.Employers should be cautious when considering […]

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Wisconsin Supreme Court Tackles Thorny Contours of Arrest Record Discrimination

Littler — Thu, 10 Apr 2025 14:16:11 +0000

Wisconsin Supreme Court Tackles Thorny Contours of Arrest Record Discrimination In a recent case, Oconomowoc Area School District v. Cota, the Wisconsin Supreme Court examined the definition of “arrest record” and the circumstances under which employers may lawfully consider arrest records in making employment decisions. tgelbman@littler.com Fri, 04/11/2025 –

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Wisconsin Court of Appeals Finds Taxpayer-Funded College Grant Program to Be Unconstitutional

Ogletree Deakins — Sun, 23 Mar 2025 13:16:32 +0000

On February 26, 2025, the Wisconsin Court of Appeals, District II, determined that a program that provided taxpayer-funded educational grants to financially needy students of specific racial, national origin, and ancestry groups was unconstitutional.

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City of Madison, Wisconsin Amends its Equal Opportunities Ordinance Regulating Arrest and Conviction Record Discrimination

Littler — Wed, 01 Jan 2025 17:42:58 +0000

The Wisconsin Fair Employment Act (WFEA) prohibits employers from discriminating against applicants and employees on the basis of their arrest and conviction records. Generally, an employer cannot make decisions based on an arrest or conviction record unless the crimes “substantially relate” to the circumstances of the job at issue.

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Municipal Violation Is Not ‘Arrest Record’ Covered by Wisconsin Fair Employment Act, Court Holds

Jackson Lewis — Mon, 01 Apr 2024 18:31:20 +0000

The Wisconsin Fair Employment Act’s (WFEA’s) prohibition against discrimination based on employees’ arrest and conviction record has always been considered broad, and its standard of allowing employers to make employment decisions only based on “substantially related” offenses is equally nuanced. The Wisconsin Court of Appeals has narrowed the scope of the prohibition on considering employees’ […]

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Arrested Development: Wisconsin Court of Appeals Holds ‘Arrest Record’ Does Not Include Civil Violations

Ogletree Deakins — Mon, 19 Feb 2024 20:49:33 +0000

When is an offense a covered “offense” under the Wisconsin Fair Employment Act’s (WFEA) prohibition against arrest record discrimination? This was the question answered by the Wisconsin Court of Appeals in its recent decision in Oconomowoc Area School District v. Cota.

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Verbal Disclosure of Employee’s COVID-19 Status Didn’t Breach Health Record Disclosure Law, Wisconsin Appeals Court Rules

Ogletree Deakins — Tue, 22 Aug 2023 15:47:30 +0000

On July 27, 2023, the Wisconsin Court of Appeals held in Mosley v. Oakwood Lutheran Senior Ministries that verbal disclosure of an employee’s COVID-19 status does not support a violation of Wisconsin healthcare record disclosure laws or a cause of action for invasion of privacy.

The post Verbal Disclosure of Employee’s COVID-19 Status Didn’t Breach Health Record Disclosure Law, Wisconsin Appeals Court Rules first appeared on Employment Law Information Network.

Formal Medical Diagnosis Not Required at Time of Wisconsin Fair Employment Act Accommodation Request, State Court Rules

Ogletree Deakins — Wed, 19 Jul 2023 14:11:16 +0000

In a decision providing guidance to employers facing requests for health-related accommodations, the Wisconsin Court of Appeals held in Wingra Redi-Mix Inc. v. Labor and Industry Review Commission that a formal diagnosis at the time of an employee’s request for accommodation is not required to raise the protections of the

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Wisconsin Employers Can Insist Upon Unpaid Lunch Breaks, Seventh Circuit Rules

Littler — Fri, 03 Feb 2023 17:31:40 +0000

The U.S. Court of Appeals for the Seventh Circuit recently ruled that Wisconsin wage and hours laws concerning the compensability of meal periods empower employers to require that such breaks be unpaid. In Wirth v. RLJ Dental,1 the court focused on whether the employer provided a qualifying meal break in

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Wisconsin Supreme Court Overturns Exception for Domestic Violence Crimes Under ‘Substantially Related’ Defense to Discrimination Claims

Ogletree Deakins — Fri, 18 Mar 2022 13:43:00 +0000

On March 10, 2022, the Wisconsin Supreme Court released its decision in Cree, Inc. v. Labor and Industry Review Commission, which provides significant clarity for employers evaluating whether a domestic-related crime of an employee or applicant is substantially related to a job and thus a lawful reason for discharging or

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Wisconsin Supreme Court Eases the Burden for Employers Defending Arrest and Conviction Record Discrimination Claims Under State Law

Littler — Fri, 11 Mar 2022 17:08:59 +0000

The Wisconsin Fair Employment Act (WFEA) prohibits employers from discriminating against applicants and employees on the basis of their arrest and conviction records.1 Generally, an employer cannot make decisions on the basis of an arrest or conviction record unless the crimes “substantially relate” to the circumstances of the job

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What’s New with Cannabis Compliance in Wisconsin? The Legal, The Illegal, and the Gray Area for Wisconsin Employers

Littler — Fri, 18 Feb 2022 15:16:00 +0000

The Wisconsin legislature appears poised to reject a proposal to create a medical marijuana program this legislative session, just a month after the Senate shot down a proposal to legalize marijuana for recreational use.

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City of Milwaukee Passes Ordinance Requiring Masks to Be Worn in Indoor Public Spaces

Ogletree Deakins — Fri, 21 Jan 2022 15:15:00 +0000

On January 18, 2022, the City of Milwaukee Common Council passed an ordinance that would require masks to be worn indoors until March 1, 2022. The city’s acting mayor has not yet signed the order, but he has signaled that he is likely to do so.

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LIRC’s View of the ‘Substantially Related’ Defense to Arrest and Conviction Record Discrimination Claims: Will Recent Events in Waukesha Prompt Change?

Ogletree Deakins — Wed, 29 Dec 2021 06:00:00 +0000

Wisconsin is one of a limited number of states that prohibits discrimination in employment on the basis of arrest or conviction records. The Wisconsin Fair Employment Act (WFEA) protects “properly qualified individuals” from unlawful discrimination “by reason of their … arrest record[s] [or] conviction record[s].” Employers defending against claims of

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