Preemployment Screening and Testing: Wisconsin

Federal law and guidance on this subject should be reviewed together with this section.

Author: Kristofor L. Hanson, Lindner & Marsack, S.C.

Summary

• Wisconsin law does not prohibit drug and alcohol testing. However, employers must use caution to avoid the pitfall of potential disability claims associated with alcohol and drug abuse. See Drug and Alcohol Testing.
• Conviction records and pending arrests may only be used to reject a job applicant if either the conviction or pending arrest substantially relates to the particular job for which the candidate has applied. See Criminal History.
• Certain employers must conduct criminal history checks of job applicants as a condition of employment. See Mandatory Background Checks.
• Employers should be wary of Wisconsin's limitations on polygraph testing. The state generally bars the use of lie detector tests, but does allow limited exceptions. See Honesty Testing.
• Wisconsin law forbids mandatory AIDS/HIV testing, and strictly limits the disclosure of information obtained about a job candidate related to such tests or a person's HIV status. See HIV Testing.
• Madison imposes additional limitations on the use of an applicant's criminal and credit history. See Local Requirements.