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Interviewing and Selecting Job Candidates: Wisconsin

Interviewing and Selecting Job Candidates requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Kristofor L. Hanson, Lindner & Marsack, SC and David B. Weisenfeld, XpertHR Legal Editor

Summary

  • Wisconsin goes well beyond federal employment law in a number of important respects. See Wisconsin Fair Employment Act.
  • Employers in Wisconsin may not ask prospective employees about arrests unless the questions relate to pending charges. See Arrest and Conviction Inquiries.
  • The City of Madison has an ordinance that places further limitations on what employers can do when it comes to a job applicant's criminal history record. See City of Madison Ordinance.
  • The Wisconsin Department of Workforce Development has deemed alcohol addiction a disability. Employers should tread cautiously in asking questions about drug and alcohol use unless the inquiries relate to current illegal usage. See Drug and Alcohol Inquiries.
  • Subjective inquiries cannot be completely barred unless it can be show that they were designed to evade Wisconsin's antidiscrimination laws. See Subjective Questions.
  • In Wisconsin, both employees and employers could be liable for fraud in instances where misrepresentations occur before the creation of the employment at-will relationship. See Misrepresentations.
  • A new law limits Wisconsin employers from seeking access to job applicants' social media accounts. See Social Media Privacy.