LRB-2900/1
GMM:sac:ph
2013 - 2014 LEGISLATURE
August 27, 2013 - Introduced by Representatives C. Taylor, Barnes, Pasch, Goyke,
Hebl, Berceau, Kessler, Ohnstad, Johnson and Young, cosponsored by
Senators L. Taylor and Harris. Referred to Committee on Labor.
AB342,1,3
1An Act to create 111.335 (1) (am) of the statutes;
relating to: prohibiting
2consideration of the conviction record of an applicant for employment before the
3applicant has been selected for an interview.
Analysis by the Legislative Reference Bureau
Current law, subject to certain exceptions, prohibits discrimination in
employment based on conviction record. Current law specifies, however, that it is not
employment discrimination because of conviction record to refuse to employ an
individual who has been convicted of a felony, misdemeanor, or other offense, the
circumstances of which substantially relate to the circumstances of the particular
job.
This bill provides that employment discrimination because of conviction record
includes requesting an applicant for employment, on an application form or
otherwise, to supply information regarding the conviction record of the applicant, or
otherwise inquiring into or considering the conviction record of an applicant for
employment, before the applicant has been selected for an interview by the
prospective employer.
The bill, however, does not prohibit an employer from notifying applicants for
employment that an individual with a particular conviction record may be
disqualified by law or the employer's policies from employment in particular
positions.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB342,1
1Section
1. 111.335 (1) (am) of the statutes is created to read:
AB342,2,72
111.335
(1) (am) 1. Employment discrimination because of conviction record
3includes requesting an applicant for employment, on an application form or
4otherwise, to supply information regarding the conviction record of the applicant, or
5otherwise inquiring into or considering the conviction record of an applicant for
6employment, before the applicant has been selected for an interview by the
7prospective employer.
AB342,2,118
2. Subdivision 1. does not prohibit an employer from notifying applicants for
9employment that, subject to this section and ss. 111.321 and 111.322, an individual
10with a particular conviction record may be disqualified by law or under the
11employer's policies from employment in particular positions.
AB342,2
12Section
2.
Initial applicability.
AB342,2,1413
(1)
Consideration of conviction record. This act first applies to an application
14for employment submitted to an employer on the effective date of this subsection.
AB342,3
15Section
3.
Effective date.
AB342,2,1716
(1)
Consideration of conviction record. This act takes effect on the first day
17of the 6th month beginning after publication.
