Wisconsin Supreme Court Expands “Arrest Records” Definition to Include Non-Criminal Offenses

What happened?
On April 10, 2025, the Wisconsin Supreme Court ruled that non-criminal municipal citations are “arrest records” under the WFEA, making employment discrimination based on these records unlawful.

Overview:

Supreme Court:

• Expanded Definition: The court ruled that the term “arrest record” includes noncriminal offenses, such as municipal theft. This interpretation aligns with the broad language of the statute, which covers any felony, misdemeanor, or other offense, including non-criminal offenses.

• Case Example: The ruling stemmed from a case involving two employees from the Oconomowoc Area School District who were fired after being cited for municipal theft. The citations were dismissed, but the employees claimed unlawful termination based on their arrest records.

• Employer Responsibilities: Employers must ensure that managers and hiring personnel are aware that they cannot take adverse action based on non-criminal arrest records unless they substantially relate to the job.

Action Items for Employers

• Awareness: Ensure that managers and hiring personnel understand the expanded definition of “arrest record” under the WFEA.

• Caution: Employers should be cautious when considering an employee’s arrest record or other potentially unlawful conduct. Adverse employment actions based on an individual’s arrest record for a civil offense may now form the basis of a claim of unlawful discrimination.

Source References

• Oconomowoc Area School District v. Cota, et al., 2025 WI 11 (Apr. 10, 2025)
• Wisconsin Fair Employment Law
• Wisconsin Statutes – Chapter 111

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