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WMC Litigation Center Update: Wisconsin Supreme Court Issues Decision in Cree Inc. v. LIRC

On March 10, the Wisconsin Supreme Court issued a decision in Cree, Inc. v. LIRC. Previously, WMC filed multiple amicus briefs in support of Cree. By a 4-3 vote, the Supreme Court concluded that Cree had lawfully declined to hire a job applicant based on his criminal convictions for domestic violence because those convictions “substantially related” to the job for which he applied. The court explained that “the substantial relationship test requires that the employer show that the facts, events, and conditions surrounding the convicted offense materially relate to the facts, events, and conditions surrounding the job.” The court noted that this is “a practical test which employers can reliably apply without a full-blown factual hearing.”