Ban the Box

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Waterloo

Court Dismisses Lawsuit Challenging Waterloo Ban the Box Law

Court Dismisses Lawsuit Challenging Waterloo Ban the Box Law

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On April 3, 2020, a Black Hawk County District Court Judge ruled that a legal challenge to Waterloo’s Ban the Box law was without merit and dismissed the case.

In the order, the Honorable Bauercamper said the Ordinance was lawful and did not run afoul of a state law restricting Iowa cities’ ability to limit hiring practices.  Instead, Waterloo’s Ban the Box law regulates civil rights abuses by curtailing discrimination based on conviction history.

Waterloo’s Ban the Box law is set to take effect on July 1, 2020.

Previously, a Waterloo City Council member tried to repeal the Waterloo Ban the Box law by motion, which swiftly failed after no Waterloo council members joined her.

The Iowa Association of Business & Industry plans to appeal the ruling.

Meanwhile, a possible statewide Ban the Box law ban is alive in the state Legislature – now on hiatus during the Coronavirus/COVID-19 pandemic – that seeks to prohibit cities and counties from passing Ban the Box Laws. 

Waterloo Ban the Box Up for Amendment

Waterloo Ban the Box Up for Amendment

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As previously reported, the City of Waterloo is ground zero in the fight for Ban the Box.  After the Waterloo City Council passed the City’s vital Ban the Box law, business leaders launched an unprecedented and vicious legal assault on the law passed to protect thousands of Iowa’s most vulnerable citizens.  The lawsuit, filed by the Iowa Association of Business and Industry, seeks an injunction to block Waterloo Ban the Box enforcement.  That lawsuit is pending in Black Hawk County District Court.

Meanwhile, the Waterloo City Council will consider an amendment to the Waterloo Ban the Box law, which prohibits employers from inquiring about applicant conviction history on initial employment applications.  Currently, Waterloo’s Ban the Box law applies to any employer with one or more employees. Introduced by Councilmember Pat Morrissey, the proposed amendment would increase that number to four or more employees.

The amendment is expected to pass.

Waterloo City Councilmember Wastes Taxpayers’ Money on Futile Ban the Box Repeal Effort

Waterloo City Councilmember Wastes Taxpayers’ Money on Futile Ban the Box Repeal Effort

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On Monday, Waterloo City Councilmember Margaret Klein introduced a failed motion to rescind the Waterloo Ban the Box law.  Klein, who opposes Ban the Box and believes it violates Iowa law, sought to avoid litigation costs and permanently deprive Waterloo citizens with conviction records the right to find employment fairly.  Fortunately, she was soundly defeated when no other council members seconded her motion, which prevented the devastating effects of her motion from being realized.

After suffering an embarrassing legislative rebuff, Councilmember Klein begged for yet more time to debate her failed motion.  Rather than waste taxpayers’ resources on meaningless debate, other, more reasonable, City Councilmembers objected as they viewed the Ban the Box law as indispensable legislation and legally sound.  “We talked this and talked this and talked this,” said Waterloo Councilmember Patrick Morrissey, “We amended it and amended it.” 

Councilmember Klein’s sloppy effort to repeal a the widely supported Waterloo Ban the Box law cost Waterloo taxpayers thousands of dollars. Although Councilmember Klein’s failed motion suffered defeat, the fight for Ban the Box in Iowa continues.

In 2019, the City of Waterloo, Iowa, became ground zero in the fight for Ban the Box.  After the Waterloo City Council passed the City’s vital Ban the Box law, business leaders launched an unprecedented and vicious legal assault on the law passed to protect thousands of Iowa’s most vulnerable citizens.  The lawsuit, filed by the Iowa Association of Business and Industry, seeks an injunction to block Waterloo Ban the Box enforcement.  The organization believes the law violates a 2017 Iowa law prohibiting cities from adopting ordinances that conflict with federal or state hiring practices.  Previously, an misinformed Iowa state politician publicly lied about the Ban the Box law.  With the local business community’s stance on the law likely to remain unchanged indefinitely, Iowa will continue to be at the forefront of the fight for Ban the Box. 

Filled Out An Application Asking About Conviction History?

No criminal history questions are allowed on California employment applications.

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