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Bill

AB 1004

Relating to: prohibiting education employers from entering into certain agreements related to information about alleged immoral conduct by an employee and civil immunity for information provided to a prospective employer.

2025-2026 Regular Session Introduced by Elijah Behnke and 8 co-sponsors

Wisconsin bill prohibiting education employers from using confidentiality agreements to conceal alleged immoral conduct and shielding them from liability when sharing such information with prospective employers.

Presented to the Governor on 4-2-2026
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WeVote Research Nonpartisan
Bill Summary · AB 1004

Legislative bill overview

AB 1004 prohibits Wisconsin education employers from entering into agreements (such as non-disparagement or confidentiality clauses) that restrict disclosure of information about alleged immoral conduct by employees. The bill also provides civil immunity to employers and others who provide truthful information about such conduct to prospective employers.

Why is this important

This legislation directly impacts how allegations of misconduct—particularly sexual misconduct—are handled in educational settings. It removes legal barriers that may prevent schools from sharing relevant employment history information with other districts, potentially affecting student safety and accountability. Conversely, it creates risks for individuals accused of misconduct by limiting confidentiality protections previously negotiated in settlement agreements.

Potential points of contention

  • Employee privacy and due process: Settlement agreements with confidentiality clauses have traditionally protected accused employees' reputations and privacy; this bill prioritizes disclosure over those protections
  • Definition of "immoral conduct": The bill's scope depends on how "immoral conduct" is defined, which could be subjectively interpreted and potentially misused
  • Chilling effect on settlements: Schools may face difficulty resolving allegations if they cannot offer confidentiality, potentially leading to more costly litigation rather than negotiated resolutions
  • Liability exposure: The civil immunity provision may inadequately protect against defamation claims if information shared is disputed or context-dependent

Compiled from official sources — confirm details with the bill’s official record.

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