SB 431 — Relating to: discrimination based on arrest record under the fair employment law.

-Date 2026of LEGISLATUREenactment: LRB-4504/1 MIM:cdc SENATE BILL 431 September 29, 2025 - Introduced by Senators WANGGAARD and NASS , cosponsored by Representatives DUCHOW , BEHNKE , GREEN , KITCHENS, KNODL , M URPHY, PENTERMAN , P IWOWARCZYK and S TUBBS.

ReferredSenate toBill Committee431 onDate Governmentof Operations,publication*: Labor and Economic Development.

WISCONSIN ACT A N A CT to amend 111.335 (2) (b) and 111.335 (4) (a) (intro.) of the statutes;

AnalysisThe bypeople theof Legislative Reference Bureau This bill changes the circumstancesstate underof whichWisconsin, anrepresented employerin orsen- licensingS agencyECTION may2. consider pending charges against an individual under the fair employment law when making employment or licensing determinations.

Under111.335 the(4) current(a) fair(intro.) employmentof law,the itstatutes is generallyate anand unlawfulassembly, actdo ofenact employmentas discriminationfollows: for an employer or a licensing agency to refuse to hire, employ, admit, or license any individual;

amended to barread: or terminate an individual from employment;

orSECTION to1. discriminate against any individual in promotion, in compensation, or in terms, conditions, or privileges of employment or labor organization membership because of the individual’s arrest record.

“Arrest111.335 record”(2) is(b) generallyof definedthe asstatutes informationis indicating111.335 that(4) an(a) individual(intro.) hasIt beenis questioned,employment apprehended,discrimina- takenamended intoto custodyread: or detention, held for investigation, arrested, charged with, indicted, or tried for any felony, misdemeanor, or other offense.

Intion Oconomowocbecause Areaof Schoolarrest Districtrecord v.for a licensing agency to 111.335 (2) (b) Notwithstanding s.

Cota,111.322, 2025it WIis 11,not therefuse Wisconsin Supreme Court ruled that the phrase “other offense” encompasses noncriminal offenses and that, therefore, the prohibition against arrest record discrimination extends to pendinglicense chargesany otherindividual thanunder criminalsub. charges.

However,(2) under(b) certainor exceptions to the foregoing prohibition, it is not employment discrimination because - 2026 Legislature - 2 - LRB-4504/1 MIM:cdc SENATE BILL 431 SECTION 1 of arrest record to refuse to employ or license, or to suspend from employment or licensing, an individual becausefrom thelicensing individualunder issub. subject to a pending charge if the circumstances of the charge substantially relate to the circumstances of the particular job or the licensed activity.

The(2) bill(b) eliminatesrefuse to employ or license, or to suspend from employ- ment or licensing, any individual who is subject to a solely because the requirement,individual inis subject to a pending pending criminal charge if the exceptionscircumstances of the criminal charge, unless the circumstances of the charge substantially relate to the prohibitioncircumstances onof arrestthe recordparticular discrimination,charge thatsubstantially relate to the pendingcircumstances of the particular job or licensed activity, except as provided in licensed activity and the charge beis afor criminalany charge.of the sub.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

S ECTION 1.

111.335 (2) (b) of the statutes is amended to read:

111.335 (2) (b) Notwithstanding s.

111.322, it is not employment discrimination because of arrest record to refuse to employ or license, or to suspend from employment or licensing, any individual who is subject to a pending criminal charge if the circumstances of the charge substantially relate to the circumstances of the particular job or licensed activity, except as provided in sub.

Sfollowing: ECTION 2.

111.335* (4)Section (a)991.11, (intro.)ISCONSINSTATUTES: of the statutes is amended to read:

111.335Effective (4)date (a) (intro.) It is employment discrimination because of arrestacts. record for a licensing agency to refuse to license any individual under sub.

(2)“Every (b)act orand toevery suspendportion of an individualact fromenacted licensingby underthe sub.legislature over the gov- ernor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”

(2) (b) solely because the individual is subject to a pending criminal charge, unless the circumstances of the charge substantially relate to the circumstances of the particular licensed activity and the charge is for any of the following:

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