Federal law and guidance on this subject should be reviewed together with this section.
Author: Daniel Finerty, Lindner & Marsack, S.C.
- The Wisconsin Fair Employment Act provides broader protections for job applicants than does federal law and covers employers with one or more employees. See Wisconsin Fair Employment Act.
- An employer that refuses to accommodate an applicant with a disability during the recruitment process must show that an accommodation would have posed a "hardship on the employer's program, enterprise or business." See Disability.
- The cities of Madison and Milwaukee each have equal opportunity ordinances that prohibit discrimination against applicants based on categories not otherwise covered by state or federal law, such as student status, appearance, gender identity and other categories. See Municipal Ordinances.
- Wisconsin employers may not enter into any agreement that requires an applicant to join or withdraw from a specific labor organization. See Yellow Dog Contracts.
- Employers may not attempt to recruit new employees by means of any false or deceptive representations, such as failing to state that there is a strike or lockout at the place of proposed employment. See Fraudulent Advertising for Labor.
- Wisconsin law indicates that employers should tread carefully when recruiting applicants who have previously agreed to restrictive covenants with their current or former employers. See Restrictive Covenants and Trade Secrets.