My question involves labor and employment law for the state of: Wisconsin
I am aware that in the State of WI, an employer cannot discriminate against a job applicant due to criminal record unless the charge/conviction directly relates to the job applied for. That being said here is a history of events leading up to my question:
My husband who has a conviction for 3rd degree sexual assault on his past record applied for a position at a manufacturing plant (he was recently laid off by another company - which manufactured similar products - due to a factory closure). He and two other former coworkers were all interviewed for the posted position at the hiring company. My husband's interview went fantastic. He had every qualification they were looking for. The company ended up hiring both of the other individuals and not my husband - even though (as confirmed by the former H.R. manager) my husband was better qualified for the posted position than either of the other candidates.
Here is where it gets tricky. There is an individual that currently works on the crew with the open position(s) being hired for. This individual happens to be the person who brought the incident (which led to my husbands past criminal conviction) to the attention of a counselor. She was not a victim, just someone who had second hand knowledge as to the act that had taken place between my husband and the underage victim in his case. My husband pled guilty to the charge which was ultimately brought against him with no trial. This person was therefore never a party or witness, etc. Further, there was never any order prohibing contact between my husband and her or anyone else for that matter. Either way, there has not been any contact - of any sort - between my husband or anyone else in our family with this person. We live in a small town and have, in fact, run into this person from time to time with no incident or problems. After all these years, there is no reason for this person to believe there could or would be any retribution from my husband. He has served his time as he deserved and paid for his crime.
This individual's father also happens to work in management at the hiring company. Upon learning my husband had applied and interviewed for the position, we believe he shared this information with his daughter. Upon learning of my husband's interview this individual immediately summoned her supervisor to a private meeting in which we believe she indiciated concern regarding my husbands possible employment at the company. After this she proceeded to share with the rest of the employees (whoever would listen) details she claimed to be "in the know" of regarding my husband's past crime. We further suspect that her father has put pressure on the H.R. staff and other management to not hire my husband because of their disapproval of my husband based on this one mistake he made and their personal feelings toward him.
Since this time, my husband has applied for 3 other positions with this same company and their response consistently is that he is not being considered because they have filled positions with "better suited" applicants.
It appears that my husband is being discriminated against because of his past criminal record. It is clear that the crime, however, does not directly relate to the job applied for. It is also clear, by the testimony given to us from the former H.R. manager that my husband was better qualified than both people ultimately hired. The part that is unclear is whether the employer can take into consideration the feelings of the individual - and her father (who are making a stink about my husband potentially working there). Under WI discrimination law, when determining whether to hire someone with a criminal record (that does not relate to the job) an employer cannot take into consideration the personal feelings of current employees and deny employment as a result. But does this individuals personal ties to the situation, although informal, change the legality in that in any way?
Any input would be greatly appreciated. Thank you.

