By Ann Holden Kendell
Last week, the
Iowa Association of Business and Industry (ABI) filed a lawsuit against the
City of Waterloo, the Waterloo Commission on Human Rights and the Waterloo City
Attorney seeking to stop the “Ban the Box” law the city passed November 5, 2019.
For more information on Ordinance No. 5522, see:
The lawsuit is requesting: (1) an
injunction to stop enforcement of the ordinance; and (2) a declaratory judgment
from the Court in Black Hawk County declaring the city ordinance to be in
violation of Iowa law.
Specifically,
ABI accurately notes that Iowa Code section 364.3(12)(a) provides that “a city
shall not adopt” any ordinance “providing any terms or conditions of employment
that exceed or conflict with the requirements of federal or state law . . .
relating to hiring practices . . . or other terms or conditions of employment.”
Ordinance
No. 5522 governs when employers can inquire about an applicant’s criminal
history and whether and how employers can consider an applicant’s criminal
record when making hiring decisions.
While
the ordinance does not become effective until July 1, 2020, Waterloo employers
will need to review – and potentially alter – hiring practices before that date
to comply with the ordinance. Therefore,
ABI seeks to enjoin Ordinance No. 5522 in addition to having the Court declare
it is in violation of Iowa law.
If you have questions
about hiring practices, please contact Ann Holden Kendell or any
of our Employment & Labor Law Practice Group members for more information.
