Employer Background Check Legality

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Summary

In Wisconsin, employers can request police reports for background checks but must comply with the Fair Credit Reporting Act and Wisconsin’s Fair Employment Act. Restrictions include prior written consent, not using arrest information without conviction, and providing a pre-adverse action disclosure if adverse action is taken. If adverse action is taken based on the background check, the employer must allow the employee to review and dispute the reports accuracy. Consult an employment attorney for personalized advice.

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In Wisconsin is it legal for a job to ask for police reports? After hiring you an than now saying you cant work until they have those reports
Hello ****. In Wisconsin, it is generally legal for an employer to request a background check, which may include police reports. However, they must comply with laws including:
- Fair Credit Reporting Act
- Wisconsin’s Fair Employment Act
Please note these laws have certain restrictions.
What are the restrictions?
The restrictions under Wisconsin’s Fair Employment Act and the Fair Credit Reporting Act include:
- Prior written consent for background checks.
- The employer can't use information about arrests not leading to conviction.
- Adverse actions based on the report require a pre-adverse action disclosure.
So if they hired me an than told me im no longer able to work there is that legal
In Wisconsin, if they took adverse action (like letting you go) based on something in your background check, they must provide a pre-adverse action disclosure. They also must give you a chance to review and dispute the report's accuracy. Please consult an employment attorney for guidance.