Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB431

Introduced
9/29/25  
Refer
9/29/25  
Report Pass
1/16/26  
Engrossed
2/11/26  
Refer
2/18/26  
Enrolled
2/24/26  

Caption

An Act to amend 111.335 (2) (b) and 111.335 (4) (a) (intro.) of the statutes; Relating to: discrimination based on arrest record under the fair employment law.

Impact

If enacted, SB431 would revise the legal protections for individuals with arrest records. This change could potentially lead to an increase in the number of individuals who are disqualified from employment or licensing due to non-criminal pending charges, creating a more significant impact on job opportunities for certain populations. Advocates for the bill may argue that this approach allows for more relevant assessment of an individual's qualifications in relation to the job’s requirements, especially if the charge substantially relates to the position.

Summary

Senate Bill 431 seeks to amend the existing fair employment law in Wisconsin by changing how employers and licensing agencies can consider an individual's arrest record when making employment or licensing decisions. Currently, the law generally prohibits discrimination based on an arrest record, which includes being questioned, taken into custody, or charged with any offense. The bill aims to modify this by eliminating the requirement that the pending charges must be criminal, thereby allowing employers to consider a broader range of pending charges when evaluating candidates.

Contention

The bill has sparked controversy among lawmakers and advocates concerned about civil rights. Supporters argue that the legislation provides necessary discretion for employers to ensure safety and suitability in hiring. However, opponents believe that this change could perpetuate discrimination and limit employment opportunities for individuals who may already be at a disadvantage in the job market. Critics worry that it could undermine efforts to create a more equitable employment landscape, especially for marginalized communities.

Current_status

As of now, the bill has been introduced in the legislature and referred to the Committee on Government Operations, Labor and Economic Development, but no further actions or voting history has been recorded. Stakeholders are likely monitoring its progress closely, and its implications will continue to be debated in legislative discussions.

Companion Bills

WI AB430

Crossfiled An Act to amend 111.335 (2) (b) and 111.335 (4) (a) (intro.) of the statutes; Relating to: discrimination based on arrest record under the fair employment law.

Previously Filed As

WI AB430

Discrimination based on arrest record under the fair employment law.

WI HB282

Provides relative to employment discrimination based on criminal history records

WI HB4475

Civil rights: employment discrimination; discrimination based on certain vaccination status; prohibit. Amends title of 1976 PA 453 (MCL 37.2101 - 37.2804) & adds art. 5A.

WI LB223

Prohibit discrimination based on lawful source of income under the Nebraska Fair Housing Act

WI HB3187

Relating to age-based employment discrimination; and prescribing an effective date.

WI SB3024

Relating To Sex-based Discrimination.

WI SB66

Provides relative to discrimination based on military status in education, employment, public accommodations and housing options. (8/1/25)

WI HB415

Enact CROWN Act regarding discrimination based on hair

WI HB4289

Labor: fair employment practices; certain employment discrimination information; require employers to post. Amends sec. 602 of 1976 PA 453 (MCL 37.2602) & adds sec. 202b.

WI HB758

Relating To Sex-based Discrimination.

Similar Bills

CA SB277

Criminal procedure: search of persons.

CA AB1464

Housing preferences.

CA AB2161

Medi-Cal: redeterminations and work or community engagement.

CA AB2066

Triggering event: pregnancy.

CA SB257

PARENT Act.

IA HF2731

A bill for an act establishing the percentage of income payment plan program to be administered by the department of health and human services.

HI HB286

Relating To The Individual Housing Account Program.

HI HB286

Relating To The Individual Housing Account Program.