In Oconomowoc Area School District v. Cota, the Wisconsin Supreme Court addressed what qualifies as an “arrest record” under the Wisconsin Fair Employment Act (WFEA) and when employers may lawfully consider such records in employment decisions.
The case centered on two questions:
- Whether an employee’s municipal citation for theft is considered an “arrest record” under the WFEA.
- Whether the school district terminated the employees because of their arrest record under the unique circumstances of the case.
While the facts in this case were specific, the decision underscores that even non-criminal arrests can be protected under Wisconsin law. The ruling also signals that exceptions to the WFEA’s protections will likely be interpreted narrowly.
For employers, this means:
- Exercise caution when considering an applicant or employee’s arrest record.
- Understand that relying on independent investigations into the facts behind an arrest or pending charge may be heavily scrutinized by Wisconsin courts and the Labor and Industry Review Commission (LIRC).
- Review hiring and disciplinary policies to ensure decisions can be defended if challenged.
This decision may increase the risk of employment claims tied to arrest records in Wisconsin. Employers should stay aware of how these protections are interpreted going forward.
Read the full article: HERE
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