employment can be an important pathway toward long-term economic mobility. Municipal employers should have a policy addressing when and how they will conduct background checks as part of the recruitment process. They should proceed carefully to ensure they do not violate Wisconsin’s arrest and conviction record discrimination laws. They have discretion on how they proceed and may want to be generous to allow persons with conviction records to use municipal employment as a building block to economic opportunity. Employees 402
Another way to gather criminal history is to use a third- party agency engaged in the business of running background checks. While that service charges a fee, it tends to be the most thorough, especially if an applicant has moved from outside the area or lives on Native American tribal lands. Using an agency has some minefields, too, however. There is a federal law called the Fair Credit Reporting Act (FCRA) that requires an employer to tell an applicant that it might use information in a consumer report for decisions related to employment, get written permission from the applicant, certify compliance to the company getting the applicant’s information, give notice to an applicant before taking an adverse action, and give an applicant a notice of the adverse action. 4 The agency preparing the report typically will provide you with the various notices, but not always. Of course, an employer should document its reason for rejecting an applicant. It is worth mentioning there are initiatives of the National League of Cities and the Council of State Governments to support the employment of persons with criminal histories in public employment. These initiatives reflect that public sector
Pamela M. Ploor is a Milwaukee-based employment lawyer for Stafford Rosenbaum LLP. She may be reached with questions about her article or suggestions for future articles at pploor@staffordlaw.com
4. More information on these requirements are available at https://www.ftc.gov/business- guidance/resources/using-consumer-reports-what-employers-need-know
Legal Captions Employees 402
Employment Law Fundamentals column by Attorney Pamela Ploor, Stafford Rosenbaum LLC, discusses considerations for conducting background checks when hiring employees. (10/2025) Liability 445 Summary of the Spills Law and the statutory exemptions the law provides for municipalities and municipal utilities. Miscellaneous 28 Legal comment by Ryan Sendelbach, League Assistant General Counsel, explores the legal risks of AI use in municipal government including accuracy problems, employment discrimination, public records complications, and due process violations in quasi-judicial proceedings. The comment recommends that municipalities develop comprehensive AI use policies in consultation with their attorneys to harness AI’s potential while avoiding costly legal pitfalls. Public Utilities 357 Summary of the Spills Law and the statutory exemptions the law provides for municipalities and municipal utilities.
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