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 a professional employment screening agency which can help in assisting with compliance to new and existing law.
Below is part of the complaint against the city of Waterloo, as transcribed from a recent article on KWWL.com (Jan 06 20):
(1) The Iowa Association of Business and Industry filed this lawsuit to stop Waterloo’s clearly unlawful ordinance that regulates when and how employers can consider an applicant’s criminal history. The ordinance is one of the broadest criminal-history ordinances in the country, going well beyond any regulation of hiring practices under state or federal law. It doesn’t just affect when an employer can inquire about an applicant’s criminal history; it also forbids employers from considering criminal history at all in some circumstances. kwwl.com/2020/01/06/waterloo-facing-suit-over-ban-the-box/
At this point in time it is very important for employers to take a hard look at the new Waterloo, Iowa ban-the-box law and compare it to existing state and federal law concerning certain hiring practices and determine for themselves if they want these kind of restrictions in the way they hire employees. This could quickly escalate to the state and/or federal level and people in this country need to look into this issue with great care and deliberation as it could affect the future of how employers can go about the hiring of new employees.
Although avoiding discrimination is always a good course of action it is also important to be prudent and realistic about the possible risks involved as well.
As the opposing philosophies regarding hiring practices debate this subject, it is very important that employers and hiring managers pay close attention to this issue as the winning philosophy will have a tremendous impact on the future.
During this time of uncertainty regarding the use/lawfulness of criminal background records in the hiring process a best approach and practice for employers and human resource personnel is to work with a well-qualified professional employment screening agency that can assist with remaining compliant with existing and new law governing hiring practices in the USA and within certain jurisdictions within the USA.
To read more about the new ban-the-box legislation in Waterloo, Iowa and why there is so much opposition to it and how such an ordinance could be in direct contradiction to already existing state and federal laws regarding the hiring process read recent CriminalBackgroundRecords.com press release: {Insert January CBR Press Release Link}