× HAVE A STUDENT / APPLICANT CODE?
-
x
 MENU
LOG IN 

Litigation Update: Waterloo, Iowa Ban the Box Ordinance

In previous articles, we have discussed both the Ban the Box ordinance passed by the City of Waterloo, Iowa and the lawsuit relating to the ordinance filed against the city by the Iowa Association of Business and Industry (IABI)). There have been new developments in the IABI’s legal challenge to the city’s Ban the Box ordinance.

In a recent Black Hawk County, Iowa, District Court decision (available here), Senior Judge Bauercamper ruled against the IABI in its lawsuit.  granted the City of Waterloo’s motion for summary judgment, agreeing with the city that there are no facts to support the case against brought by the IABI.

According to the Court’s decision, the IABI claimed that Iowa state law limiting the powers of cities “specifically preempt[s] the authority of the City of Waterloo to adopt any regulations regarding the information about a prospective employee’s criminal history that the employer can request, collect, and use in making a decision whether to hire a job applicant” and that, therefore, the City of Waterloo’s ordinance is invalid.  The court noted that the City of Waterloo disagreed with the IABI, claiming that Iowa’s Civil Rights Act gave it the authority to enact the ordinance.

The court sided with the City of Waterloo, concluding that the Ban the Box ordinance is permissible under the Iowa Civil Rights Act. It stated, “The ordinance is consistent with the authority given to cities by … [the Iowa Civil Rights Act] to provide ‘broader or different categories of unfair or discriminatory practices.’”  The court noted that, “Criminal history considerations have been shown to have a disparate impact on minority groups, especially African Americans, as disclosed by the studies presented to the Waterloo City Counsel when …  [the Ban the Box ordinance] was proposed.  These findings support the conclusion that the ordinance does not conflict with state employment law as expressed in the Iowa Civil Rights Act.”

After the ruling, the IABI stated that, “A district court judge… ruled for the City of Waterloo on its local criminal history ordinance that violates the state’s preemption statute.  IABI was profoundly disappointed in the ruling and has already filed our intent to appeal.”  To read the press release from the IABI, click here.

The litigation is currently ongoing.  According to Iowa Courts online records, an appeal has been filed with the Iowa Court of Appeals, assigned Appellate Court Docket Number 20-0575.

The Ban the Box ordinance is scheduled to become effective on July 1, 2020.

Verified Credentials will continue to monitor the ongoing litigation surrounding the City of Waterloo, Iowa Ban the Box ordinance and will provide updates as they become available.

Return to Industry News
What is this?

There are several types of codes:

Requirements Code:
This code is given to a user by an organization or person who has asked the user to complete a series of requirements for a given qualification process. Each qualification process is assigned a unique code. Users enter the code and are guided through an easy, step-by-step process to help them complete the mandatory requirements established by the requestor.

Sharing Code:
This code is typically given to a user by another person in effort to share information contained in their personal QualifiedFirst portfolio, such as their background report, professional qualifications, and more. The users enter the code and can view the shared information securely within their QualifiedFirst account. If the user does not have a QualifiedFirst account, they can open a FREE account in a matter of minutes.

Promotional Code:
This code is sent out to QualifiedFirst® users and can be used for discounts on personal background check orders. Note – these codes cannot be used when responding to a requirement set code.

×
Forgot your code?

In effort to safeguard our customer’s confidential information, codes can only be recovered from the source that originally supplied them. To obtain your code, check your records or contact the person or organization that gave you the code.

×
Invalid Code

Sorry, we do not recognize the code you entered. Please check your records and try again. To obtain a new code, contact the person or organization that gave you the code.

×