What is "substantially related"?

Understanding the Concept of “Substantially Related”

·   An employer (In Wisconsin) cannot have a blanket policy that anyone with a criminal record will not be hired by that company.

·   An employer may ask you if you have any pending charges or convictions as long as they make it clear that only offenses that are substantially related may be considered.

·   An employer may only refuse to hire a qualified applicant because of a conviction that substantially relates to the job – if the offense is upsetting that does not count!!

·   The law does not define this

·   Applies to labor organizations, employers, employment or licensing agencies

·   Look at the offense: what was it, where did it happen, when did it happen?

·   Now look at the job duties…

See Wisconsin statutes:

Wisconsin Statute section 111.335 – applies to arrest records.  See below for part of the statute.  As you can see, subsection b states that it is not discriminatory if pending charge or circumstances substantially relate to the circumstances of the particular job or licensed activity.  However, Wisconsin law does not permit inquiries about past arrest records, but permits consideration of current.  Please also see

http://www.dwd.state.wi.us/dwd/publications/erd/pdf/erd_4825_pweb.pdf

http://dwd.wisconsin.gov/er/discrimination_civil_rights/publication_erd_7609_p.htm

 111.335(1)(a)      
(a) Employment discrimination because of arrest record includes, but is not limited to, requesting an applicant, employee, member, licensee or any other individual, on an application form or otherwise, to supply information regarding any arrest record of the individual except a record of a pending charge, except that it is not employment discrimination to request such information when employment depends on the bondability of the individual under a standard fidelity bond or when an equivalent bond is required by state or federal law, administrative regulation or established business practice of the employer and the individual may not be bondable due to an arrest record.

111.335(1)(b)      
(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.

111.335(1)(c)      
(c) Notwithstanding s. 111.322, it is not employment discrimination because of conviction record to refuse to employ or license, or to bar or terminate from employment or licensing, any individual who:

111.335(1)(c)1.      
1. Has been convicted of any felony, misdemeanor or other offense the circumstances of which substantially relate to the circumstances of the particular job or licensed activity; or

111.335(1)(c)2.      
2. Is not bondable under a standard fidelity bond or an equivalent bond where such bondability is required by state or federal law, administrative regulation or established business practice of the employer.