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Organizations in Waterloo with 15 or more employees may not inquire about an applicant’s criminal history until they extend a conditional job offer.

Waterloo’s Ban The Box Ordinance

The City of Waterloo, Iowa passed a Ban the Box law for organizations with 15 or more employees. It prohibits covered employers from:

· Including questions about criminal records on job applications.
· Asking job seekers if they have convictions, arrests or pending charges during the initial application process.
· Taking adverse actions based exclusively on a candidate’s record of arrest or a pending charge.
· Taking adverse actions based on criminal records that have been expunged.

Waterloo employers are encouraged to run comprehensive criminal background checks, but only after extending conditional job offers. If the results show an applicant has violent offenses or other convictions that make them ineligible for a position, the employer should then take an adverse action.

Adverse Actions

Employers in Waterloo may deny employment based on the results of a background check. The Ordinance states that an employer must have a legitimate business reason. These include:

· Situations in which the offense has a “direct and substantial bearing on the fitness or ability to perform the duties or responsibilities of the intended employment” when the employer considers the following factors:
- The location where work will be performed.
- The seriousness of an offense.
- Whether employment creates an opportunity for the individual to commit a similar offense.
- How much time has passed since the conviction.
- The number and types of convictions or pending charges.
· If hiring the person creates an unreasonable risk to property or the safety of employees, customers or the public.
· If the position involves working with vulnerable populations such as children, disabled adults or people who were victimized by various types of crime.

What Waterloo Employers Should Know

This Ban the Box Ordinance goes into effect on July 1, 2020. Once active, employers in Waterloo Iowa must be in compliance. Failure to follow these laws could result in lawsuits and other repercussions.

Learn more.

Nationwide Second Chance Movement

The Waterloo Ordinance is one of many Second Chance laws. Employers throughout the nation are being asked to consider applicants based on their merit and qualifications before running background checks. Millions of Americans have criminal records, but most of them would not warrant an adverse action such as denial of employment.

The Second Chance Movement intends to help people with minor and outdated convictions find employment. “Ban the Box” laws like the one in Waterloo are created to help residents rejoin society and avoid recidivism. They are also intended to help employers by giving them access to a larger pool of qualified job seekers.

Stay Compliant With Ban The Box Laws

It is the responsibility of every employer to comply with federal, state and local laws that cover the hiring and background screening process. Backgrounds Online encourages employers to maintain written hiring policies that include Ban the Box and other relevant laws. Have legal counsel sign off on your documentation before sharing it with everyone involved in the hiring process.

When you’re ready to run background checks, please contact us. Our team is highly experienced and able to help you build custom screening packages that comply with laws where you operate. We are available Monday through Friday from 5am to 6pm PT.