Wisconsin Selection and Testing laws & HR compliance analysis

Wisconsin Selection and Testing: What you need to know

The Wisconsin Fair Employment Act prohibits employers from discriminating against applicants and employees on the basis of age, race, creed, color, disability, marital status, sex, national origin, ancestry, sexual orientation, criminal records, genetic test results, military service, or the off-duty use or nonuse of lawful products away from the employer's premises. In addition, employers are prohibited from using discriminatory statements, advertisements, publications, preemployment inquiries, and other selection or testing practices. The Act covers all employers, regardless of size (WI Gen. Stat. Sec. 111.31et seq.).
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There is additional information on specific practices.
Generally, employers may utilize professionally developed aptitude tests and other selection procedures if such tests are not designed, intended, or used to discriminate against a protected individual or group of individuals. There is additional information.
An employer may not request or require that a job applicant or employee submit to a test for HIV infection as a condition of employment (WI Gen. Stat. Sec. 103.15). Testing for HIV infection may occur where a state epidemiologist determines and the secretary of health and family services decides that an individual who has HIV infection may, through employment, provide a significant risk of transmitting HIV to other individuals. There is additional information.
Generally, employers may not require, request, or suggest that a job applicant or employee submit to a polygraph test as a condition of employment. However, an employer may lawfully administer a polygraph test as part of an ...

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