The Wisconsin Fair Employment Act (WFEA) protects “properly qualified individuals” from unlawful discrimination “by reason of their … arrest record[s] [or] conviction record[s].” The state is one of a limited number that prohibits discrimination in employment on the basis of arrest or conviction records. Employers may raise a liability defense, however, and the WFEA provides that an employer is not prohibited from suspending an employee who is charged with a felony, misdemeanor, or other offense, from refusing to employ an individual who is convicted of a crime that is substantially related to his or her position. Decisions by the Wisconsin Labor and Industry Review Commission (LIRC) suggest that administrative law judges may consider whether the facts underlying a charge or conviction occurred in a domestic setting and involved a personal relationship with the offender since several acts of public violence in the state were directly or indirectly related to those with a history of domestic violence.
