(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 stateor
federal law, administrative regulation or established business practice of the
employer and the individual may not be bondable due to an arrest record.
(b) Notwithstanding § 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.
(c) Notwithstanding § 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:
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
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.
(cg)
1. Notwithstanding § 111.322, it is not employment
discrimination because of conviction record to deny or refuse to renew a license
or permit under § 440.26 to a person who has been convicted of a felony and has
not been pardoned for that felony.
2. Notwithstanding § 111.322, it is not employment
discrimination because of conviction record to revoke a license or permit under
§ 440.26(6)(b) if the person holding the license or permit has been convicted of
a felony and has not been pardoned for that felony.
3. Notwithstanding § 111.322, it is not employment
discrimination because of conviction record to refuse to employ a person in a
business licensed under § 440.26 or as an employee specified in § 440.26(5)(b)
if the person has been convicted of a felony and has not been pardoned for that
felony.
(cm) Notwithstanding § 111.322, it is not employment
discrimination because of conviction record to refuse to employ as an installer
of burglar alarms a person who has been convicted of a felony and has not been
pardoned.
(cs) Notwithstanding § 111.322, it is not employment
discrimination because of conviction record to revoke, suspend or refuse to
renew a license or permit under ch. 125 if the person holding or applying for
the license or permit has been convicted of one or more of the
following:
1. Manufacturing, distributing or delivering a controlled
substance or controlled substance analog under § 961.41(1)
2. Possessing, with intent to manufacture, distribute or
deliver, a controlled substance or controlled substance analog under §
961.41(1m)
3. Possessing, with intent to manufacture, distribute or
deliver, or manufacturing, distributing or delivering a controlled substance or
controlled substance analog under a federal law that is substantially similar to
§ 961.41(1) or (1m)
4. Possessing, with intent to manufacture, distribute or
deliver, or manufacturing, distributing or delivering a controlled substance or
controlled substance analog under the law of another state that is substantially
similar to § 961.41(1) or (1m)
(cv) Notwithstanding § 111.322, it is not employment
discrimination because of conviction record to refuse to employ in a position in
the classified service or in a position described in § 230.08(2)(k) a person who
has been convicted under 50 USC, Appendix, section 462 for refusing to register
with the selective service system and who has not been pardoned.
