Wisconsin Law regarding Criminal Background Checks

According to EEOC guidelines, employers should evaluate criminal convictions on an individual basis against the specific positions they recruit for before deciding not to hire candidates based on this information. University officials have certain additional obligations under the Federal Fair Credit Reporting Act when they hire a provider to conduct criminal background checks. It is important that Wisconsin employers conduct comprehensive, accurate, and up-to-date background checks prior to hiring that fully comply with the FCRA and other relevant laws. To conduct these types of exams, you must have full access to all records relevant to your candidates` basic information. If you comply with all applicable regulations and laws during the Wisconsin background check, you must stay informed of changes in laws. You also need to have full access to databases of reliable and up-to-date information to gather the basic information needed to make informed hiring decisions. As mentioned earlier, due to the nature of certain positions, other types of background checks and/or assessments may be used. Examples include audits required under the laws of Wisconsin (Chapters 48 and 50) and the laws of Wisconsin (Section 230.17(3)). In addition, the nature of some positions may include the need to conduct non-criminal background checks, such as drug analysis, psychological assessments and credit checks. Nothing in this policy precludes the administration of the UW system on a reasonable basis to conduct criminal background checks (criminal and non-criminal) on current employees or volunteers if necessary. Wisconsin employers who wish to conduct pre-employment background checks must inform their applicants in writing that they intend to conduct background checks.

Before background checks can be conducted in Wisconsin, employers must also obtain written consent from applicants. It`s a better idea to work with a reliable, FCRA-compliant background check provider like iprospectcheck. Dane and Milwaukee counties, as well as the cities of Milwaukee and Madison, each have prohibition laws that apply to public sector employers. These laws require employers to individually assess criminal record information before deciding not to hire candidates. Some online providers also promise free background checks in Wisconsin. However, you shouldn`t rely on these types of vendors to conduct background checks before hiring. Partnering with iprospectcheck can save you a lot of money and time. If you order background checks from us before hire, we can return the information you need in just a few hours. We wrote this Wisconsin Employment Background Check Guide to provide employers with a resource to understand the requirements that govern the pre-hire review process. If you are trying to do a free Wisconsin background check through online providers, the information you may receive should not be used for employment purposes.

This type of information is often inaccurate and outdated, and may not comply with the FCRA. This could expose you to prosecution by your candidates. The City and County of Milwaukee have removed criminal history issues from public apps. Milwaukee city officials have stressed the need for a private equal opportunity law, but none have yet been passed. Under section 50.065(1)(ag)(1), employers who hire nurses must conduct background checks before hiring candidates and every four years after a person is hired. There is an exception to the FCRA`s seven-year review period for positions with salaries of $75,000 or more. The retroactive period limits also do not apply to criminal convictions, which can be reported regardless of age. In addition to the appropriate U.S.

criminal background check conducted for a new employee, current employee, or volunteer who is a stranger and subject to this policy, a criminal background check will also be conducted in the individual`s previous countries of residence if their country of residence provides for a criminal background check for the period during which the person was a resident. Media research is not considered an adequate criminal background check. In Wisconsin, employers and consumer reporting agencies that collect, report, and use basic information in the hiring process must comply with all relevant local, state, and federal laws governing the pre-employment selection process. According to 2015 AB 373, public sector employers are not allowed to request information about an applicant`s criminal record in their applications. You can only request this type of information at the interview stage. The way Wisconsin background checks are conducted and how employers use the information obtained involves compliance with several federal and state laws governing background checks in Wisconsin. The Equal Employment Opportunity Commission (EEOC) enforces Title VII and its regulations. Because certain minority groups are more likely to interact with the criminal justice system, Title VII includes criminal record information that could be shared during pre-employment background checks in Wisconsin. Under Wisconsin Section 111.335, employers are prohibited from discriminating against applicants on the basis of a criminal record. Employers should also not rely on arrests for which there is no information on convictions. Employers must conduct individual assessments of any information disclosed with respect to specific jobs before making an adverse employment decision. Wisconsin law prohibits an employer from discriminating against a candidate or employee on the basis of arrest or conviction, unless the current criminal charge or conviction is materially related to the circumstances of the position.

Applicants with a criminal history will not be automatically disqualified from employment in the UW administration, and the criminal record of an employee of the UW system administration will not result in automatic disciplinary action or termination. If a criminal history review of an applicant or employee results in a pending criminal complaint or conviction, the University of Wisconsin System Administrator conducts an individual analysis to determine if there is a material connection between the pending indictment or criminal conviction and the duties of the position. The information you can see during a background check in Wisconsin depends on the specific types of reports you request. At iprospectcheck, employers can choose from a menu with many different types of reports to customize the types of information they receive. Records collected following a criminal background check are kept in a secure environment by UW System Human Resources.

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