Wisconsin Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in Wisconsin and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these are related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record. 

The state of Wisconsin has a version of a “Ban-the-Box” law in which an employer:

• may not ask about a person’s arrest record
• may ask about a person’s convictions or pending charges
• may not refuse to hire based on either a pending charge or a conviction unless they are “substantially related” to the job (e.g. a drunk driving conviction is substantially related to a truck driver position)

Does Wisconsin Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

Yes, the Wisconsin Fair Employment Law has some statutes that differ from federal fair hiring laws. One main difference is that Wisconsin’s law applies to all businesses with one or more employees, whereas federal law applies to those employing 15 or more.

Wisconsin state law prohibits the use of lie detector tests in hiring.

Wisconsin law says employers may not discriminate against prospective employees if they decline participation in meetings with religious or political content. 

Do Wisconsin Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

The Wisconsin Fair Employment Law aligns with the Federal Equal Pay Act. 

Do Wisconsin Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

The Wisconsin Fair Employment Act aligns with the ADEA with a few exceptions: an employer may set an age cap for hazardous jobs; school bus drivers must fall within an age range to meet state licensing regulations. The law also says job advertising may not refer to age-related descriptors (e.g. “youth” or “recent college graduate”).

Do Wisconsin Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

Under the Wisconsin Fair Employment Act, alcoholism and drug addiction are considered disabilities, which differs from the ADA.

Do Wisconsin Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

Wisconsin law aligns with GINA. 

Do Wisconsin Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

In addition to the protected categories defined in Title VII of the Civil Rights Act of 1964, Wisconsin’s Fair Employment Act prohibits hiring discrimination based on sexual orientation or marital status. State law also prohibits hiring discrimination if an otherwise qualified candidate “looks foreign,” speaks English with an accent, or doesn’t speak English fluently.

Are There Different Fair Hiring Laws in Cities or Municipalities Across Wisconsin?

The city of Madison, Wisconsin, has a version of a “Ban-the-Box” law called Ban the Box Contractor Ordinance. Contractors with a service contract of $25,000 or more along with public works contractors must refrain from adding questions about criminal history to job applications and may not ask about it in interviews. Employers may conduct a background check only after making a conditional job offer.

The city of Milwaukee, Wisconsin, has a “Ban-the-Box” ordinance for applicants seeking employment with the city. 

With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.