Employment discrimination can happen for many reasons including race, national origin, religion, sexual orientation, gender identity and age, although there are laws against these types of discrimination. However, workers can also sometimes face discrimination because of past arrests or convictions, and the law is somewhat murkier on this type of discrimination in the workplace.
Those who believe they have been discriminated against in this way need to understand that they have rights. Knowing the facts about this type of discrimination is key when weighing options.
Workers are protected from discrimination for arrests and convictions
While Wisconsin law offers some protection from workplace discrimination due to a past arrest or conviction, it does not cover all instances. If the arrest or conviction was connected to the person’s employment, then adverse action (such as firing, denying a promotion or refusing to hire) is not considered discrimination.
Arrest and conviction covers many scenarios. If, for example, a person is denied a promotion because they were arrested but never charged, then this could fall into the category of discrimination. Even with a conviction record, the worker should not necessarily be penalized for it in the workplace if it was not related to their work.
However, if the alleged crime was linked to the person’s employment or there is an overlap, then an employer may be within their rights to take action.
For example, an employer may generally take action against an employee who drives professionally after they are arrested and convicted for drunk driving.
On the other hand, when there is no connection between the work and the arrest – such as a warehouse worker being arrested for drunk driving – then this may be viewed as discriminatory.
An employer can suspend an employee who has been arrested but not convicted if the alleged crime is connected to their job. Employers cannot refuse to hire or terminate an employee for an arrest that did not result in a conviction. During the hiring process, the employer can ask about a criminal past with the caveat that it will only have an impact if the crime is connected to the job.
Employers can be held accountable for discrimination
Those who have been illegally discriminated against should not simply let it go. Employers can be held accountable for their behavior. To potentially get their job back and receive other forms of compensation for all that was lost, it is wise for them to contact experienced professionals, such as those at Alan C. Olson & Associates, who have a history of helping people who were victimized by employment discrimination.
