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Iowa Supreme Court Upholds & Invalidates Portions of Waterloo’s Ban the Box Measure

 

Recently, the Iowa Supreme Court issued a ruling which upheld and also invalidated Waterloo, Iowa’s ban the box measure.

In the Supreme Court’s ruling, the Court upheld a section of the measure which prohibits businesses in Waterloo with more than 15 employees from asking about an applicant’s criminal history until a conditional offer of employment is made.  However, the Court invalidated a portion of the measure which allowed employers to make hiring decisions solely on the basis of an applicant’s criminal history.

Following passage of the Waterloo measure, business groups sought to contest it on the grounds that Iowa law prohibits cities and counties in the state from implementing rules for hiring practices.  That legal challenge was struck down when the District Court held that because the Iowa law did not specifically mention Waterloo’s ban the box measure, the measure could remain in place.  The subsequent appeal to the Iowa Supreme Court followed.


For additional information:  https://www.desmoinesregister.com/story/money/business/2021/06/18/iowa-supreme-court-waterloo-criminal-history-job-application-employment-anti-discrimination-lawsuit/7732937002/

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