Waterloo, Iowa Facing Lawsuit Over “Ban the Box”

We previously discussed the Ban the Box ordinance recently passed in Waterloo, Iowa.

On January 2, 2020, the Iowa Association of Business and Industry (IABI) filed a lawsuit against the city of Waterloo, alleging that the Waterloo ordinance violates Iowa state law.

The IABI, in its petition, specifically states that the ordinance is a violation of Iowa Code section 364.3(12)(a).  According to the court documents filed by the IABI, 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.’”

The petition goes on to say that “the ordinance violates Iowa Code section 364.3(12)(a), as it governs hiring practices and terms and conditions of employment in a manner that exceeds or conflicts with federal or state law.”

The IABI is requesting that the Court prohibit the city of Waterloo from enforcing the ordinance, as well as declare that the ordinance violates both the Iowa Code and the Iowa Constitution.

To read the full text of the petition filed in Black Hawk County, Iowa, click here.

According to a press release issued by the IABI, “the lawsuit follows a letter that the IABI submitted to the city during the discussion phase stating the violation of state law and requesting they reconsider the ordinance.”  The letter sent to the city council is available as an addendum in the petition linked above.

Litigation is still ongoing.  Verified Credentials will continue to monitor the Ban the Box ordinance in Waterloo, as well as the ensuing lawsuit, and will attempt to provide updates as they become available.

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