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.
- 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.