Wisconsin Advertising laws & HR compliance analysis

Wisconsin Advertising: What you need to know

The Wisconsin Fair Employment Act prohibits employers from printing or circulating (or causing to be printed or circulated) any advertisement or statement relating to employment that indicates a limitation, specification, or discrimination based on age, race, creed, color, disability, marital status, sex, national origin, ancestry, arrest record, conviction record, military service, or use or nonuse of lawful products off the employer's premises during nonworking hours (WI Gen. Stat. Sec. 111.322).
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Employers may not use false or misleading advertisements regarding the kind and character of a job, the job's compensation, or the sanitary or any other conditions of employment. A person falsely induced to work for an employer because of misrepresentation may sue for damages and attorney's fees in civil court (WI Gen. Stat. Sec. 103.43).
Under the statute, an advertisement must state that a strike or lockout exists if in fact one does. Wisconsin case law has established that this provision applies only to manual laborers. An employer that violates this provision may be assessed a fine of up to $2,000, prison time, or both.

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