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The Badger Herald

Independent Student Newspaper Since 1969

The Badger Herald

Independent Student Newspaper Since 1969

The Badger Herald

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Bill giving felons fragile job security passes House

Former convicts may soon be restricted from suing their employers for termination or rejection based on discrimination resulting from their criminal records as a result of a bill that is currently moving from the Assembly to the Senate.

The Wisconsin State Assembly passed a bill Thursday afternoon that would restrict ex-convicts who have been rejected or terminated from suing employers based on discrimination based on their criminal records.

The bill will give the employers the freedom to pick and choose felons based on the type of felony they committed and how closely related it is to the kind of work the employee would be doing.

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The current law allows ex-felons to sue their employers on grounds of discrimination if they feel that their record was the reason they were either rejected or terminated.

Representative Joel Kleefisch, R-Oconomowoc, introduced Assembly Bill 286 during the current special job-focused session called by Gov. Scott Walker.

Kleefisch spokesperson Stephanie Kundert said the bill was proposed to reform the current Fair Employment Act to protect employers from frivolous lawsuits from ex-convicts that had been let go.

“Sometimes employers have to fire or reject employees because they weren’t performing up to standards,” said Kundert, “But employers are still being sued based on discrimination when [the termination] may have had nothing to do with their criminal record.”

Kundert added that the bill would improve the overall employment environment and business sector in the state of Wisconsin by putting employers at ease by eliminating their fear of being sued on this issue.

Director of the Workers’ Rights Center Patrick Hickey thinks differently. Hickey said he feels the bill discriminates against a sector of the workforce that has paid their debt and should deserve equal treatment.

“The current law gives employers plenty of authority now,” Hickey said. “Generally, those with felonies are just looking to work and restart their lives. Most of the time they are hesitant to even complain, let alone file a lawsuit.”

Hickey also said this bill would cause people who already have a hard time finding work after being released from incarceration to lose jobs that support families. He added the bill seems to be another attempt by the current state administration to appease “big business” in Wisconsin.

Stacy Harbaugh, spokesperson for the American Civil Liberties Union of Wisconsin, said the bill is taking away workers’ rights.

“These generally aren’t frivolous lawsuits, which is what Kleefisch called them on the floor.” Harbaugh said. “This kind of law will just further inequality for those who have served for their crimes.”

Jay Heck, director of Common Cause in Wisconsin, said he does not see how the bill will create jobs and that it is a rushed attempt by Wisconsin Republicans to appease corporations.

Democratic Representative Chris Taylor, D-Madison, was unavailable to comment on the bill.

Another bill similar to Assembly Bill 286 was brought to the Legislature in 2001, but was not passed. The current bill is scheduled to move on to the Committee on Rules and will eventually move to the floor sometime next week.

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