Workplace Wise - Iowa Employment Law Attorneys

Thursday, January 9, 2020

"Ban the Box" to be Banned?

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.

No comments:

Post a Comment