Effective December 5, 2024, Madison, Wisconsin amended its Equal Opportunities Ordinance to bring the law in further alignment with the Wisconsin Fair Employment Act.
ORD-24-00076 removes the three-year time limitation that previously existed in the Equal Opportunities Ordinance (EEO). The removal of this time limitation means employers in Madison may more easily make an argument that a conviction older than three years is substantially related to the position to where the employment opportunity may be denied. The statewide Fair Employment Act has had no such time limitation.
As part of this amendment, the law also now states:
Whether the circumstances of any such offense substantially relate to the circumstances of the particular job or licensed activity shall be based on the facts of the particular offense, including but not limited to the seriousness of the offense, the passage of time since the employee or applicant was placed on probation, paroled, released from incarceration, or paid a fine, for a felony, misdemeanor, or other offense, the age of the employee or applicant at the time the offense occurred, and the character of the employee or applicant.
While employers are used to seeing most of the factors that are now specified in the EEO, the last qualifier may be more difficult to understand. What does it truly mean to consider one’s character? Especially related to criminal history. Employers may want to invest in the time to evaluate how they engage in an interactive process with candidates when it comes to the use of criminal history information in employment decisions. For example, are you allowing an applicant to provide evidence of rehabilitation and/or mitigating circumstances? Do you take into account if the applicant has worked in a similar role successfully? What personal or professional references might be provided to demonstrate the applicant’s character and suitability for the role? Employers may also want to explore this topic further with their legal counsel.