Special Announcement to all City of Waterloo, Iowa employers :
On October 07, 2019, the Waterloo City Council passed ordinance – the Fair Chance Initiative. This law will restrict employers in the city from asking about or searching for criminal record information. The law will take effect on 07/01/2020.
Under the law, the following restrictions will apply:
Prohibited Use of Criminal Record Information: In connection with the employment of any person, it shall be an unlawful discriminatory practice for an employer to engage in any of the following activity:
- To make any inquiry regarding, or to require any person to disclose or reveal, any convictions, arrests, or pending criminal charges during the application process, including but not limited to any interview. The application process shall begin when the applicant inquires about the employment being sought and shall end when an employer has extended a conditional offer of employment to the applicant. If the applicant voluntarily discloses any information regarding his or her criminal record at the interview, the employer may discuss the criminal record disclosed by the applicant.
- To make an adverse hiring decision based solely on the applicant’s record of arrests or pending criminal charges
- To make an adverse hiring decision based on any criminal records which have been lawfully erased or expunged, which are the subject of an executive pardon, or which were otherwise legally nullified.
- To make an adverse hiring decision based on an applicant’s criminal record without a legitimate business reason.
The full text of this ordinance is available here: Fair Chance Initiative
This law will require a review of the hiring process in place and may require changes to that process. Justifacts recommends that you consult with your legal department to determine what changes, if any, need to be made to your hiring process in order to comply with this law.
It is important to note that Justifacts is providing this information as a service to our clients. None of the information contained herein should be construed as legal advice, nor is Justifacts engaged to provide legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult your attorney or legal department if you want assurance that our information, and your interpretation of it, is appropriate to your particular situation.