Minnesota Supreme Court Sets the Record Straight on Municipal Employer Liability
A recent court decision has changed how Minnesota courts analyze whether municipalities may be liable for their hiring decisions—emphasizing that...
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Verified Credentials Dec 17, 2019 12:00:00 AM
The “ban the box” movement – featuring laws that often prevent employers from asking about a candidate’s criminal history early in the hiring process – continues to diffuse rapidly at state and local governments. We have previously discussed recent ban the box laws passed in Colorado and Columbia, SC, as well as a proposed law in St. Louis, MO.
Continuing this prevalent trend, the city of Waterloo, Iowa has recently passed its ban the box ordinance.
Effective July 1, 2020, the law states the following:
Waterloo’s new ordinance applies to employers who regularly employ one or more persons within the City of Waterloo. It does not apply to the United States government, the State of Iowa, or any state or federal political subdivisions (except, of course, the City of Waterloo). Employers who are required by federal or state law or regulation to make a criminal record inquiry on an employment application are also exempt under this municipal ordinance.
To read the full text of the new ordinance, click here. In the Table of Contents, go to “ORDINANCES PENDING CODIFICATION” then “UNFAIR USE OF CRIMINAL RECORD.”
Waterloo’s new ban the box law marks the first time an Iowa jurisdiction has passed an ordinance of this kind and reflects how these new laws are quickly expanding to many different states, counties, and cities.
Verified Credentials will continue to monitor and will attempt to detail any updates to the ordinance that may occur before it becomes effective in July 2020. With the rapidly changing ban the box landscape, it may be a good idea to speak with your legal counsel to make sure your background screening policies comply with all applicable laws.
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