What is the Wisconsin equivalent of the federal Fair Credit Reporting Act (FCRA)?

Wisconsin does not have a state-specific equivalent to the FCRA. Employers must comply with the federal FCRA when conducting background checks. The FCRA regulates the collection, dissemination, and use of consumer information, including employment background checks.

Are there lookback time limits for criminal background checks in Wisconsin?

Yes, Wisconsin has lookback time limits for certain criminal records. Under Wisconsin Statute § 111.335, employers cannot consider arrests or convictions that occurred more than seven years prior to the employment application unless the conviction is directly related to the job. This law is administered by the Wisconsin Department of Workforce Development.

Does Wisconsin have a 'ban the box' law?

Yes, Wisconsin has a 'ban the box' law under Wisconsin Statute § 111.31. This law prohibits state agencies from inquiring about an applicant's criminal history on initial job applications. However, this law does not apply to private employers. It is administered by the Wisconsin Department of Workforce Development.

How are driving records handled in Wisconsin employment background checks?

Driving records in Wisconsin are governed by the Wisconsin Department of Transportation (WisDOT). Employers can request driving records for positions requiring driving, but they must comply with the federal Driver’s Privacy Protection Act (DPPA), which restricts the use and disclosure of personal information from motor vehicle records.

What is the role of the Wisconsin Department of Workforce Development in background checks?

The Wisconsin Department of Workforce Development (DWD) administers several employment-related statutes, including those governing background checks. The DWD ensures compliance with laws like Wisconsin Statute § 111.335 (criminal background checks) and § 111.31 ('ban the box'). Employers can contact the DWD for guidance on compliance and reporting requirements.

Home » Employment » Employment Screening Laws » Wisconsin

Wisconsin Employment Background Screening Laws in 2025: A Comprehensive Guide

Introduction to Wisconsin Background Screening Laws

Navigating Wisconsin’s employment background screening laws in 2025 requires careful attention. Employers must comply with federal and state regulations.

These laws balance fair hiring practices with workplace safety. Understanding criminal history, ban-the-box rules, credit report restrictions, and AI usage is crucial.

This guide provides clarity with verified government sources. It ensures compliance for businesses hiring in Wisconsin.

Summary of Wisconsin Employment Screening Laws

Topic	Key Rule
Look‑back period	FCRA: 7 years for non‑convictions; convictions indefinite
Ban‑the‑Box	Public sector: cannot ask before interview; no state private rule
Credit checks	FCRA only; no state credit ban
AI in screening	Must comply with fair assessment and anti‑bias rules

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Criminal History Lookback Period

Wisconsin law doesn’t set a specific limit on criminal history lookback periods. Employers face complex rules when reviewing criminal records. However, the FCRA (Fair Credit Reporting Act) applies nationally.

This federal law restricts reporting of most convictions beyond seven years. Positions with salaries over $75,000 face different rules. Therefore, such roles allow review of older convictions.

Employers must avoid blanket exclusions. Instead, Wisconsin requires individualized assessments. Specifically, rejections need job-related justifications. Moreover, consider rehabilitation evidence carefully.

Sources

Fair Employment Wisconsin Statutes § 111.31–111.395
Fair Credit Reporting Act Federal FCRA Guidelines
EEOC: Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act

Ban-the-Box Laws in Wisconsin

Wisconsin has “ban-the-box” legislation. This delays criminal history inquiries. Specifically, public sector employers cannot ask about criminal records initially. They must wait until the applicant is deemed qualified. This applies to state government positions. There are no current Wisconsin municipal ban‑the‑box rules for private employers beyond the state public law. Here’s an overview of state and municipal regulations:

Statewide Law (2016 AB 373): Public sector employers can’t ask about criminal history until a conditional offer. This applies to all state jobs.
Madison: Public employers and contractors with over $25,000 in municipal contracts must delay criminal history questions.
Milwaukee City and County: Criminal history questions are removed from public job applications. No private sector law exists yet.
Dane County: Since 2014, public employers must wait until a candidate is deemed suitable before checking criminal history.

These laws encourage employers to focus on qualifications first. Compliance reduces discrimination risks.

Credit Report Restrictions

Wisconsin strictly limits credit history use. Under Wisconsin Stat. § 111.34, employers face major restrictions. Essentially, credit reports require specific job relevance.

Permissible uses include only certain positions. For example, managers or financial roles may qualify. Similarly, law enforcement positions sometimes qualify. However, most roles prohibit credit-based decisions entirely.

Employers must provide written notices. Additionally, applicants receive copies of reports. Therefore, transparency remains critical throughout.

AI in Background Checks

Artificial Intelligence (AI) is transforming HR processes. This includes employment background checks. Wisconsin is currently developing its AI regulations. For instance, the Office of the Commissioner of Insurance (OCI) has issued guidance. OCI Bulletin, March 18, 2025 addresses AI use in insurance. While not directly employment, it signals a regulatory trend. It emphasizes fairness, accountability, and transparency. Employers using AI in background checks must ensure accuracy. They also need to mitigate potential biases. Discrimination risks are a major concern. Thus, employers should implement strong governance. Testing methods are crucial for identifying errors. These practices help ensure compliance. AI systems must not lead to unfair outcomes. The legal landscape is still evolving. Therefore, staying informed is critical.

The EEOC enforces anti-bias standards. Accordingly, algorithmic tools require validation studies. Moreover, the FTC monitors AI under FCRA rules.

Employers using AI must ensure fairness. Specifically, disparate impact risks need addressing. Consequently, regular audits prove essential.

Case Law Snippets: Hiring and Firing Lawsuits

These cases highlight the need for careful review. Employers must link criminal history to job duties. They must also perform due diligence. Blanket policies are generally discouraged. Each situation requires individual assessment. This reduces discrimination claims. Employers should seek legal counsel for specific situations.

Wisconsin’s “substantial relationship” test is frequently litigated. It allows employers to consider convictions. This is if the crime directly relates to the job. However, applying this test can be complex. Employers face challenges. Missteps often lead to lawsuits.

Cree Inc. v. Labor & Industry Review Commission (2022): The Wisconsin Supreme Court clarified the “substantial relationship” test. This case involved an applicant with violent crime convictions. The court expanded employer discretion. It allows considering conviction history more broadly. This applies when deciding hiring or termination. The ruling provides more guidance for employers.
City of Onalaska v. State Labor & Industry Review Commission: This case established the “Onalaska investigation.” Employers cannot typically use arrest records alone for adverse actions. They must conduct an independent investigation. This verifies the underlying misconduct. If misconduct is confirmed, adverse action is permissible.
Oconomowoc Area Sch. Dist. v. Cota – Wisconsin Sup. Court held non‑criminal municipal citations count as “arrest record” under WFEA. Even minor citations may not be used in employment decisions without individualized assessment. Decision issued April 10, 2025. This ruling reaffirms that all “arrest records”—even non‑criminal—are protected under Wis. Stat. § 111.335. Employers cannot rely on internal belief alone.

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Wisconsin Employment Employment Background Checks FAQs

What is the Wisconsin equivalent of the federal Fair Credit Reporting Act (FCRA)?: Wisconsin does not have a state-specific equivalent to the FCRA. Employers must comply with the federal FCRA when conducting background checks. The FCRA regulates the collection, dissemination, and use of consumer information, including employment background checks.
Are there lookback time limits for criminal background checks in Wisconsin?: Yes, Wisconsin has lookback time limits for certain criminal records. Under Wisconsin Statute § 111.335, employers cannot consider arrests or convictions that occurred more than seven years prior to the employment application unless the conviction is directly related to the job. This law is administered by the Wisconsin Department of Workforce Development.
Does Wisconsin have a ‘ban the box’ law?: Yes, Wisconsin has a ‘ban the box’ law under Wisconsin Statute § 111.31. This law prohibits state agencies from inquiring about an applicant’s criminal history on initial job applications. However, this law does not apply to private employers. It is administered by the Wisconsin Department of Workforce Development.
How are driving records handled in Wisconsin employment background checks?: Driving records in Wisconsin are governed by the Wisconsin Department of Transportation (WisDOT). Employers can request driving records for positions requiring driving, but they must comply with the federal Driver’s Privacy Protection Act (DPPA), which restricts the use and disclosure of personal information from motor vehicle records.
What is the role of the Wisconsin Department of Workforce Development in background checks?: The Wisconsin Department of Workforce Development (DWD) administers several employment-related statutes, including those governing background checks. The DWD ensures compliance with laws like Wisconsin Statute § 111.335 (criminal background checks) and § 111.31 (‘ban the box’). Employers can contact the DWD for guidance on compliance and reporting requirements.

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult with qualified legal counsel regarding specific compliance questions.