In a recent ruling, the Wisconsin Supreme Court held that the state’s arrest record discrimination protections, which cover employers of all sizes, apply to non-criminal offenses. Non-criminal offenses are those that are punishable by a civil penalty (whereas criminal offenses are those punishable by fine or imprisonment). Non-criminal offenses range from minor infractions like failure to use a turn signal to more serious violations such as first-time operating-while-intoxicated.

The Court’s decision is a straightforward interpretation of the statute’s broad language, defining arrest record to include when someone is questioned, apprehended, held for investigation, arrested, charged, indicted, or tried for any felony, misdemeanor, or other offense (including a non-criminal offense).

Action Item
Make sure that managers and those involved in hiring are aware that they can’t take adverse action based on non-criminal arrest records unless they substantially relate to the job.