Madison, WI Equal Opportunity (Ban-the-Box) Ordinance 

January 16th, 2025 | Sterling

Madison, WI Equal Opportunity (Ban-the-Box) Ordinance:  

The City of Madison, Wisconsin recently amended the City’s Equal Opportunity Ordinance to align with the State of Wisconsin’s Fair Employment (Ban-the-Box) Law by removing the three (3) year limitation on crimes and other offenses that employers may consider when making employment decisions and requiring an individualized assessment. The law amended Section 39.03(8)(i)3.b of the ordinance and was effective upon passing.  

From the Law:  

(i)  

3. Discrimination because of arrest record or conviction record is not prohibited if the employer, licensing authority, labor organization, or employment agency can show that the employee or applicant  

a. Is subject to a pending criminal charge and the circumstances of the charge substantially relate to the circumstances of the particular job;  

b. Has been within the past three (3) years placed on probation, paroled, released from incarceration, or paid a fine, for a felony, misdemeanor, or other offense, the circumstances of which substantially relate to the circumstances of the particular job or licensed activity; Whether the circumstances of any such offense substantially relate to the circumstances of the particular job or licensed activity shall be based on the facts of the particular offense, including but not limited to the seriousness of the offense, the passage of time since the employee or applicant was placed on probation, paroled, released from incarceration, or paid a fine, for a felony, misdemeanor, or other offense, the age of the employee or applicant at the time the offense occurred, and the character of the employee or applicant.  

Link to the Madison, WI Equal Opportunity Ordinance: Ordinance No. ORD-24-00076 | Code of Ordinances | Madison, WI | Municode Library 

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