New ban-the-box legislation in Waterloo, Iowa that is scheduled to take effect July 1st 2020 is taking heavy heat from the business groups that oppose the ordinance. The new law would prevent private employers from asking about criminal background history on job applications. The new law would be even stricter than other ban-the-box laws that have been adopted elsewhere in the country. The new Waterloo Iowa law has seen tremendous backlash from people arguing that the ordinance is unlawful when compared to any other regulation of hiring practices under state and federal law.

Iowa’s “Ban-the-Box” legislation is set to take effect on July 1, 2020, but recent challenges may delay the date.

From SouthernMinn.com (Jan. 06, 20):

A state business group is asking the court to strike down a city ordinance that would prevent private employers from inquiring about criminal backgrounds on job applications.

On Jan. 2, the Iowa Association of Business and Industry filed for an injunction in Black Hawk County District Court to head off Waterloo’s “ban the box” rule, which is scheduled to begin in July. ^{southernminn.com/around_the_web/news/article_ed3f883c-d3ec-5b3f-bd4c-2538d1921147.html}

Challenges to law are common and only add to the confusion of when or whether a law will be implemented. Ban-the-Box legislation is designed to assist in eliminating potential discrimination and allow greater access for all groups, especially recently incarcerated individuals.

A best practice for all hiring managers is to work with a well-qualified third-party pre-employment background screening agency in order to remain up-to-date with all laws that could potentially affect their industry.

While the city is yet to comment on the potential litigation, the claim suggests that the Ban-the-Box law violates state constitution.

From SouthernMinn.com (Jan. 06, 20):

According to Iowa ABI’s petition, the group warned city officials before the vote the ordinance would violate a 2017 state law that ABI championed prohibiting cities from adopting ordinances that “exceed or conflict with the requirements of federal or state law … relating to hiring practices.” ^ibid

Ban-the-box laws have been implemented across the country, the most recent being the Fair Chance Act initiated at the federal level enacted as part of a funding bill. Employers need to understand that laws, such as ban-the-box legislation, can often be challenged in court and without paying strict attention may be unaware of the status of laws governing their industry. That is why it is important to work with an employment screening agency which can help in assisting with compliance to new and existing law.

To read more about this subject read recent press release: Ban-the-Box Legislation in Waterloo, Iowa Faces Challenges