Changes to the Madison Ordinance Regarding Conviction Records
By Brian P. Goodman, Storm B. Larson and Aiyanah Simms
On December 5, 2024, the City of Madison’s Common Council eliminated the 3‑year lookback restriction which prevented Madison employers from considering an employee or applicant’s conviction if it had been at least three years since the employee or applicant was “placed on probation, paroled, released from incarceration, or paid a fine, for a felony, misdemeanor, or other offense…”
This change brings the Madison General Ordinance (“MGO”) closer (but likely not totally) in alignment with state law and means that employers in the City of Madison have more flexibility in what convictions and offenses they can consider in denying employment to an applicant or for terminating an existing employee. This change to the MGO is effective immediately.
The MGO was also amended to specifically state that the following criteria, among other potential criteria, are relevant in determining whether an offense is substantially related to the particular job in question:
- the seriousness of the offense;
- the passage of time since the employee or applicant was placed on probation, paroled, released from incarceration, or paid a fine, for a felony, misdemeanor, or other offense;
- the age of the employee or applicant at the time the offense occurred; and
- the character of the employee or applicant.
While these criteria are similar to the criteria used in the substantial relationship test under the WFEA, there are some differences. This is a complex area of law and consultation with legal counsel is advisable if concerns arise regarding an applicant’s criminal history. However, this change should be welcome news to employers subject to the MGO.
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