Interviewing and Selecting Job Candidates: Wisconsin
Federal law and guidance on this subject should be reviewed together with this section.
- 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.