Question on screening/application requirements in Madison WI

[Matt Kowske]

We're in the process of having to find our first tenant for a vacant apartment. I have read the Ultimate Screening Guide and written a basic set of screening requirements but still have some questions that hoping someone could help answer (maybe before I have to hire an attorney). 

1) On the tenant resource center page (http://www.tenantresourcecenter.org/discrimination) I found what seems to say that "unemployment" is a protected class in the city of Madison: 

Madison includes all extra classes in Dane County plus:

• Citizenship Status (City of Madison only)
• Genetic Identity (City of Madison only)
• the fact that a person declines to disclose their social security number
• Atheism
• Homelessness
• Unemployment

That seems a little odd to me. I can screen based on income requirements but not whether someone is employed? Does the income requirements set then supersede any unemployment protected class? Meaning, I cannot deny an applicant if they DO meet the income requirements simply because they are unemployed (maybe the receive disability or other income).

2) For Dane county specifically they list these additional protected classes:

Dane County includes all federal and state protections, plus the following:

• Physical Condition, Mental Illness, and Handicap
• Type of Military Discharge
• Physical Appearance
• Gender Identity (includes transgender)
• Domestic Partnership Status
• Political Beliefs
• Student Status
• Receipt of Rental Assistance (such as Section 8)

So, you cannot deny an applicant if they look messy ... I get that, but what about personality? If someone is aggressive and argumentative is it okay to put "agreeable temperament" or "friendly attitude" on your screening requirements?

3) Are there any laws concerning the scenario where you have two applications that both meet your requirements? How do I choose which to go with? Is it up to me or are there laws concerning this (first come, first serve) ?

Thanks!