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.

  

Welcome!

Welcome to the X-Offender Success Spot!! My hope is that this space will be a source of information, encouragement, and support that can help you be more successful in your lives.

First, let me say I dislike labels. The word "offender" or the words "ex-offender" are very negative. I feel that the use of them places one in the past and focuses on the mistake, rather than the potential the person really has.

We have all made mistakes; we don't need to be defined by them. Daily we can choose a different path that will get us more positive results.

In this blog I will share bits of information that I have learned working with those with criminal records. I hope you will find what I share to be useful and refreshing!

I look forward to your comments as we grow together.

Thanks for reading!!

Criminal Records in the State of Wisconsin

This blog is written specifically for those with records in the state of Wisconsin. Contact your state's department of justice for more information concerning how this works in your state.

Understanding Your Criminal Background

Different places use different records.  Many employers ask on their application if you were ever convicted of a crime, or they might word the question to ask whether you have ever been convicted of a felony or misdemeanor. Typically, the application says you do not have to divulge a case that was expunged or dismissed, or that was a minor traffic violation.

Reports Used

CCAP http://www.wcca.wicourts.gov/

            A court record maintained by the court system when cases are filed in

            Circuit Court.  Updated when court evens occur

                        Caution!

·   Easy to mix people up

·   May say more than you want it to

·   Easy for people to access and misunderstand

CIB (Crime Information Bureau) www.doj.state.wi.us/dles/cib

            Is a police arrest record AND is what the law requires employers to use.

            Are listed in cycles – a cycle is started for each arrest

            Updated when police or courts send info the state – Wisconsin Dept. of

            Justice

      Caution!

·   There is no legislation stating this information must be accurate – no accountability

·   Sometimes there is duplicate information making it look like there are more events than there actually are

·   There are fees to access record. The amount of the fee depends on who you are.

·   Contains too much information, including personal information

·   Easily misunderstood

·   Includes expunged cases

FBI Report  http://www.fbi.gov/hq/cjisd/fprequest.htm

            Good to check if you have cases in other states

Driving Record  http://www.dot.wisconsin.gov/drivers/index.htm

Request a copy of your driving record from the Department of Motor Vehicles, especially if you are applying for a job that involves driving.  Don't be confused. An OWI conviction is not considered a minor traffic infraction. Applicants with an OWI who have not checked "yes" on a job application may be denied employment for falsifying the form -- even when the incident occurred only once or happened many years before. The employer perceives this as dishonesty, even though the applicant might only have been confused by the question.