Conviction records
1. A licensing agency may not ask an applicant about juvenile delinquency records. 2. A licensing agency may request information from an applicant regarding conviction records under sec. 111.32(5)(h), Stats. 67-327
Counties
A county may enact an ordinance requiring its contractors to agree to a policy of non-discrimination in employment, even though such an ordinance provides broader protection than that afforded by state and federal equal employment opportunity laws, as long as such ordinance does not conflict with such laws. 70-64
Cities, counties, and other local governmental entities not being a part of the executive or legislative branches of state government are neither "contracting agencies" of the State within the meaning of sec. 16.765(1), Stats., which requires a nondiscrimination clause in contracts, nor are such entities "subdivisions" of the State within the meaning of sec. 16.755(1), Stats., which empowers the Council on Small and Minority Business to review the extent of small business participation in purchasing by the State and its subdivisions. 68-306
Drugs
The state and local units of government are not "purchasers" under sec. 100.31, Stats., and sellers of drugs are not prohibited from offering or according to them pricing arrangements which are not made available to other purchasers. 65-59
Fair Employment Act
Register in Probate is protected by the Fair Employment Act which protection is not affected by a defect in the appointment. 67-169
Fair Housing Ordinance
Counties may adopt and enforce fair housing ordinances under section 66.432, Stats., in municipalities within such counties which already have enacted their own fair housing ordinance. No double jeopardy problem arises if a county and a municipality in the county simultaneously seek to enforce their fair housing ordinances in connection with a single act of discrimination, provided that a violation of one or both of the ordinances is punishable only by a forfeiture. Section 66.432 authorizes cities, villages, towns and counties to prohibit bases of discrimination in addition to those specified in sections 66.432 and 101.22. 74-234
Housing
The Wisconsin Open Housing Law permits, but does not require, the Department of Industry, Labor and Human Relations to receive and process class action complaints of housing discrimination. 70-250
Indians
Discrimination such as the use by public schools of American Indian logos, mascots or nicknames does come within the purview of section 118.13 of the Wisconsin statutes. 80-321
Jailer
The provisions of sec. 53.41, Stats., which require that at least one jailer on duty be of the same sex as those persons in custody does not conflict with the anti-sex discrimination provisions of the Wisconsin Fair Employment Act. Concept of "bona fide occupational qualification" under federal Title VII of the 1964 Civil Rights Act discussed. Counties must comply with sec. 53.41, Stats., when they can do so without conflict with Title VII. 70-202
Legal counsel
A state agency may insist on the presence of legal counsel when making agency personnel available for informal interviews conducted by Personnel Commission equal rights officers in the course of investigating complaints of employment discrimination against such state agency, where the equal rights officer wishes to (1) conduct on the job interviews of nonmanagerial personnel, or (2) interview agency supervisors who are not named or "immediately" involved in the discriminatory actions in question. 70-167
Local government entities
Cities, counties, and other local governmental entities not being a part of the executive or legislative branches of state government are neither "contracting agencies" of the State within the meaning of sec. 16.765(1), Stats., which requires a nondiscrimination clause in contracts, nor are such entities "subdivisions" of the State within the meaning of sec. 16.755(1), Stats., which empowers the Council on Small and Minority Business to review the extent of small business participation in purchasing by the State and its subdivisions. 68-306
Nursing homes
Nursing homes operated by religious or fraternal orders, whose policies restrict admittance thereto to members thereof, are not exempt from the provisions of sec. 146.30, Stats., and rules adopted pursuant thereto, unless they come within the provisions contained in subsec. (12m) of said statute. 63-30
Optometry
Section 449.01(3), Stats., requires a county, under a group health care benefit plan providing coverage for eye examinations performed by a licensed physician and surgeon, to pay for such services performed by an optometrist. (Unpub.). 33-1989
Personnel Commission
The Personnel Commission possesses the same powers and duties in processing discrimination complaints involving a state agency as employer as those exercised by the Department of Industry, Labor and Human Relations with respect to discrimination complaints involving an employer other than a state agency including the power to investigate complaints and to issue subpoenas. 68-403
Relatives
Within limits, County Board may prospectively prohibit department heads from appointing close relatives to county offices and positions but cannot totally prohibit relatives of a county board supervisor from any employment by the county. (Unpub.). 88-1977
Religion
A contract between the Department of Health and Social Services and an association of private adoption agencies does not result in legally prohibited religious discrimination where any religious preferences are limited to the statutory religious matching requirement. (Unpub.). 32-1983
Nursing homes operated by religious or fraternal orders, whose policies restrict admittance thereto to members thereof, are not exempt from the provisions of sec. 146.30, Stats., and rules adopted pursuant thereto, unless they come within the provisions contained in subsec. (12m) of said statute. 63-30
University records of employe's ethnic origin. (Unpub.). 79-1977
Service clubs
Section 942.04, Stats., potentially applies to service clubs; constitutionality of state regulation of such clubs is to be analyzed according to Board of Dirs. of Rotary Intern. v. Rotary Club, 481 U.S. 537, 107 S. Ct. 1940 (1987). 76-251
Settlement
Department of Industry, Labor and Human Relations may approve or be party to a job discrimination settlement agreement which includes less than the full back pay liability if the agreement eliminates the discrimination. If the agreement does not eliminate the discrimination the Department may proceed in the matter before it. 66-28
Schools and school districts
Discrimination such as the use by public schools of American Indian logos, mascots or nicknames does come within the purview of section 118.13 of the Wisconsin statutes. 80-321
Sex discrimination
Section 942.04, Stats., potentially applies to service clubs; constitutionality of state regulation of such clubs is to be analyzed according to Board of Dirs. of Rotary Intern. v. Rotary Club, 481 U.S. 537, 107 S. Ct. 1940 (1987). 76-251
State agency
A state agency may insist on the presence of legal counsel when making agency personnel available for informal interviews conducted by Personnel Commission equal rights officers in the course of investigating complaints of employment discrimination against such state agency, where the equal rights officer wishes to (1) conduct on the job interviews of nonmanagerial personnel, or (2) interview agency supervisors who are not named or "immediately" involved in the discrimination actions in question. 70-167
University
Section 36.29(1), Stats., which prohibits investment of University funds in companies which practice or condone discrimination is not an undue burden on interstate commerce, does not improperly interfere with foreign relations and is not impermissibly vague. 67-20
Vocational, technical and adult education
The employment practices of vocational, technical and adult education districts are subject to city equal employment ordinances. Such ordinances, however, can be applied only to employment with the geographic boundaries of the city. 70-226
Wisconsin Administrative Code
Discrimination such as the use by public schools of American Indian logos, mascots or nicknames does come within the purview of section 118.13 of the Wisconsin statutes. 80-321
DISTRICT ATTORNEY
See also CORPORATION COUNSEL; COUNTY CORPORATION COUNSEL
Bar dues
Counties are not required to pay the bar dues of district attorneys and assistant district attorneys serving the county. However, a district attorney or assistant district attorney may elect under section 978.12(6), Stats., to retain a county fringe benefits package that includes payment of bar dues. 79-159
Conflict of interest
Corporation counsel employed on part-time basis cannot accept employment as defense counsel for those whose interests are directly adverse to the State or county. Section 256.22(3), Stats., does not prohibit a district attorney from compensating his partner, out of his own funds, for assistance in prosecuting a state case. County Board cannot change status of office of district attorney from one in which he is permitted to practice law privately to one in which he is not, so as to be effective during the term for which such officer was elected. 67-31
Section 196.675(1), Stats., would be violated where a partner of a district attorney compensated on a part-time basis was retained by a public utility, if the partner-district attorney were to financially benefit directly or indirectly. 75-111
Confidential reports
A district attorney or corporation counsel may reveal the contents of a report made under section 48.981 in the course of a criminal prosecution or one of the civil proceedings enumerated under section 48.981(7)(a)10. 81-66
Costs of prosecution"
Courts lack authority to impose and enforce payment of "costs of prosecution" as a condition of probation in absence of statutory authority; courts may dismiss a criminal charge upon payment of agreed "costs of prosecution" as part of plea bargain which court accepts. (Unpub.). 42-1982
