Bill would let employers, licensing agencies consider pending noncriminal charges under state's arrest-record law

Senate Bill 431, introduced Sept. 29, 2025, would amend Wisconsin's fair employment law to allow employers and licensing agencies to consider pending noncriminal charges when making hiring or licensing decisions if the circumstances of the charge substantially relate to the duties of the job or the licensed activity.

The bill, filed as LRB-4504/1 and labeled "2025 Senate Bill 431," lists Senators WANGGAARD and NASS as introducers and names Representatives DUCHOW, BEHNKE, GREEN, KITCHENS, KNODL, MURPHY, PENTERMAN, PIWOWARCZYK and STUBBS as cosponsors. The measure was referred to the Committee on Government Operations, Labor and Economic Development.

Under current Wis. Stat. 111.335, it is generally unlawful employment discrimination for an employer or licensing agency to act against an individual because of the individual's arrest record. The statute defines "arrest record" to include information that an individual has been questioned, apprehended, taken into custody or detention, held for investigation, arrested, charged with, indicted, or tried for any offense. A 2025 Wisconsin Supreme Court decision, Oconomowoc Area School District v. Cota, 2025 WI 11, interpreted the phrase "other offense" to encompass noncriminal offenses, and the analysis in the bill's text cites that decision in describing the current legal landscape.

Senate Bill 431 specifically amends two provisions of the statute. The draft changes strike the requirement in the exceptions that a pending charge be a criminal charge. Under the proposed language in 111.335(2)(b), it would "not be 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 charge if the circumstances of the charge substantially relate to the circumstances of the particular job or licensed activity, except as provided in sub. (4)(a)." The companion amendment to 111.335(4)(a) (intro.) likewise removes the limiting word "criminal" from the clause that currently conditions certain licensing exceptions on a pending criminal charge that substantially relates to the licensed activity.

The bill therefore narrows the scope of the statute's protection against discrimination based on arrest records by expanding the type of pending charges that may be considered under the exception. The text does not specify any implementing regulations, effective date, or fiscal effect within the provided pages.

The Legislative Reference Bureau summary included in the document states that the bill "changes the circumstances under which an employer or licensing agency may consider pending charges against an individual under the fair employment law when making employment or licensing determinations." No floor action, committee hearing dates, or votes are contained in the provided document.

Stakeholders affected by the change would include job applicants, current employees subject to licensing, and licensing agencies. The bill references existing statutory language and a Wisconsin Supreme Court decision but does not cite other statutes, administrative rules, or budgetary figures on the provided pages.

If the committee takes up the measure, possible next steps would include a committee hearing, floor action in the Senate, and any amendment process. The document as provided records only the introduction and referral to committee.