Iowa case law summary by Attorney Richard Clem: IA ban the box.

Iowa Association of Business and Industry v. City of Waterloo, et al.. IA "ban the box"

In 2019, the City of Waterloo passed a "ban the box" ordinance, which regulated the time when an employer can inquire into a prospective employee's criminal history, and which regulated whether the employer could consider that history in making a hiring decision. The plaintiff brought an action for declaratory relief, alleging that the ordinance was preempted by Iowa Code § 364.3(12)(a), which prohibits cities from enacting regulations on conditions of employment that conflict with or exceed state or federal law.

The district court, Black Hawk County, Judge John Bauercamper, held that the ordinance was not preempted. The plaintiffs appealed, and the case was heard by the Iowa Supreme Court.

The lower court had held that the case was actually governed by Iowa Code 216.19, which allows cities to enact broader laws with respect to unfair or discriminatory practices. But the Supreme Court held that this statute did not override the explicit terms of § 364.3.

The court went on to hold that the statute preempted only "terms and conditions of employment," and even though hiring practices were mentioned, the statute did not cover all hiring practices.

The high court held that the provision of the statute regarding the timing of when an employer could ask about criminal convictions was not preempted. However, when the employer did gain access to that information, it could be used as a factor in the hiring decision.

Since the lower court had not addressed other portions of the ordinance, the supreme court remanded the case.

No. 20-0575 (Iowa June 18, 2021)

Please see the original opinion for the court's exact language.

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Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).

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