Interviewing and Selecting Job Candidates: Wisconsin

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

Authors: Kristofor L. Hanson, Lindner & Marsack, S.C. and XpertHR Editorial Team

Summary

• Wisconsin goes 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 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.
• Wisconsin restricts employers from seeking access to job applicants' social media accounts. See Social Media Privacy.