What Is A Conviction Record?
“Conviction record” covers more than just criminal convictions. The Wisconsin Fair Employment Act defines “conviction record” as “information indicating that an individual has been convicted of any felony, misdemeanor or other offense, has been adjudicated delinquent, has been less than honorably discharged, or has been placed on probation, fined, imprisoned or paroled pursuant to any law enforcement or military authority.”
Attorney James Walcheske is among the top Conviction Record Discrimination attorneys in Wisconsin. He has counseled hundreds of clients through this thorny, and rarely understood, area of the law.
What Is Conviction Record Discrimination?
Conviction record discrimination is most likely to occur during the hiring process. An employer is prohibited from denying employment to an applicant based on a conviction that is unrelated to the position applied for.
What Is Not Conviction Record Discrimination?
There are exceptions to conviction record discrimination that allow employers to base decisions on a conviction record without violating the law.
For example, if an individual did not disclose his or her conviction record on an employment application, the employer can deny that person the job.
Even in situations where the individual truthfully disclosed his or her conviction record on an employment application, an employer may still deny employment in certain situations where the circumstances of the conviction are substantially related to the position. For this reason, an employer can ask applicants questions relating to the circumstances underlying an offense.
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