FCRA adverse action in Wisconsin.
Wisconsin adverse action: FCRA two-step notice, public sector (executive order 17) overlay, and the state-specific waiting-period nuances employers miss.
What changes in Wisconsin
- Ban-the-box overlay: Public sector (Executive Order 17). Governor Evers' 2019 executive order removed the conviction question from state-agency initial applications.
- Report lookback: 7 years (FCRA default). Wisconsin applies FCRA. Pardons and expungements under Wis. Stat. §973.015 must be suppressed.
"Walk me through the FCRA adverse action process step by step, including California and NYC differences. Focus on Wisconsin."
Ask this in Ask HR AIPractitioner steps for Wisconsin
- Step 1. Send the pre-adverse notice with a full copy of the report and the CFPB Summary of Consumer Rights before any Wisconsin hiring decision that relies on the report.
- Step 2. Extend the waiting period beyond 5 business days where WI or a local ordinance requires it — always document the timestamp of each notice.
- Step 3. Complete a written individualized assessment when Wisconsin Fair Chance rules or an EEOC-referenced local ordinance apply.
- Step 4. Issue the final adverse action notice with the CRA name, address, toll-free number, and the applicant's reinvestigation rights.
Applicable Wisconsin statutes and references
- Wis. Stat. §111.335 (conviction-record discrimination)
- Wis. Stat. §973.015
- 15 U.S.C. §1681 et seq. (federal FCRA)
Frequently asked (federal + Wisconsin overlay)
What is the FCRA adverse action process?
Under 15 U.S.C. §1681b(b)(3), before taking adverse employment action based on a consumer report an employer must send a pre-adverse action notice with a copy of the report and the CFPB Summary of Consumer Rights, wait a reasonable period so the applicant can dispute, then send a final adverse action notice identifying the CRA and the applicant's reinvestigation rights.
How long is the waiting period between pre-adverse and final adverse action?
The FCRA does not define a specific number of days, but a five business day floor is the common industry standard. California, New York City, and Los Angeles County require longer or additional steps — for example, California's Fair Chance Act requires two separate 5-business-day notice windows and a documented individualized assessment.
Do we have to send the pre-adverse notice if we are only considering not hiring?
Yes. The FCRA is triggered when a consumer report is used in whole or in part to make an adverse employment decision, including deciding not to hire. If the report played any role, the two-step notice sequence applies.
What has to be included in the final adverse action notice?
The name, address, and toll-free phone number of the CRA; a statement that the CRA did not make the decision and cannot explain it; notice of the right to a free additional copy of the report within 60 days; and notice of the right to dispute the accuracy or completeness of the report.
Related Wisconsin topics
- Ban-the-Box and Fair Chance hiring in Wisconsin
- Wage and hour in Wisconsin
- Leaves and accommodations in Wisconsin
- Drug testing and marijuana in Wisconsin
Same topic in another state
- FCRA adverse action in Alabama
- FCRA adverse action in Alaska
- FCRA adverse action in Arizona
- FCRA adverse action in Arkansas
- FCRA adverse action in California
- FCRA adverse action in Colorado
- See all states
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Ask HR AI is not legal advice. Confirm any final answers or suggested actions with your employment legal counsel before acting on them.