Milwaukee, WI asked in Employment Law for Wisconsin

Q: Can a retail establishment not hire someone for a misdemeanor sex with minor conviction from 9 years ago?

The charge was sex with minor 16 or older (she was 17). He is not a registered sex offender - served a 3 month jail sentence and 3 years of probation with no issue and has no restrictions. The violation date was 7/2007 and actual conviction was 1/2008.

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1 Lawyer Answer
William F Sulton Esq.
William F Sulton Esq.
  • Milwaukee, WI
  • Licensed in Wisconsin

A: The short answer is no. Wis. Stat. s. 111.321 and 111.322(2) prohibit employers from denying employment to person just because they have been convicted of a crime. The general exception is that employers may deny employment where the job duties are substantially related to the elements of the crime. That is not the case here.

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