Discrimination based on arrest record under the fair employment law, the official text

2025 - 2026 LEGISLATURE
LRB-4504/1
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2025 SENATE BILL 431
September 29, 2025 - Introduced by Senators Wanggaard and Nass, cosponsored by Representatives Duchow, Behnke, Green, Kitchens, Knodl, Murphy, Penterman, Piwowarczyk and Stubbs. Referred to Committee on Government Operations, Labor and Economic Development.

An Act to amend 111.335 (2) (b) and 111.335 (4) (a) (intro.) of the statutes; relating to: discrimination based on arrest record under the fair employment law.

Analysis by the Legislative Reference Bureau
This bill changes the circumstances under which an employer or licensing agency may consider pending charges against an individual under the fair employment law when making employment or licensing determinations.
Under the current fair employment law, it is generally an unlawful act of employment discrimination for an employer or a licensing agency to refuse to hire, employ, admit, or license any individual; to bar or terminate an individual from employment; or to discriminate against any individual in promotion, in compensation, or in terms, conditions, or privileges of employment or labor organization membership because of the individual’s arrest record. “Arrest record” is generally defined as information indicating that an individual has been questioned, apprehended, taken into custody or detention, held for investigation, arrested, charged with, indicted, or tried for any felony, misdemeanor, or other offense. In Oconomowoc Area School District v. Cota, 2025 WI 11, the Wisconsin Supreme Court ruled that the phrase “other offense” encompasses noncriminal offenses and that, therefore, the prohibition against arrest record discrimination extends to pending charges other than criminal charges. However, under certain exceptions to the foregoing prohibition, it is not employment discrimination because of arrest record to refuse to employ or license, or to suspend from employment or licensing, an individual because the individual is subject to a pending charge if the circumstances of the charge substantially relate to the circumstances of the particular job or the licensed activity.
The bill eliminates the requirement, in the exceptions to the prohibition on arrest record discrimination, that the pending charge be a criminal charge.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Section 1. 111.335 (2) (b) of the statutes is amended to read:
111.335 (2) (b) Notwithstanding s. 111.322, it is not employment discrimination because of arrest record to refuse to employ or license, or to suspend from employment or licensing, any individual who is subject to a pending criminal charge if the circumstances of the charge substantially relate to the circumstances of the particular job or licensed activity, except as provided in sub. (4) (a).
Section 2. 111.335 (4) (a) (intro.) of the statutes is amended to read:
111.335 (4) (a) (intro.) It is employment discrimination because of arrest record for a licensing agency to refuse to license any individual under sub. (2) (b) or to suspend an individual from licensing under sub. (2) (b) solely because the individual is subject to a pending criminal charge, unless the circumstances of the charge substantially relate to the circumstances of the particular licensed activity and the charge is for any of the following:
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