Iowa Ass’n of Business & Industry v. City of WaterlooAnnotate this Case
The Supreme Court affirmed in part and reversed in part the judgment of the district court finding that a 2019 Waterloo "ban the box" ordinance was not preempted, holding that the ordinance was preempted to the extent that it purported to regulate a term and condition of employment.
In 2017, the legislature adopted a statute, codified at Iowa Code 364.3(12)(a), that prohibits cities from adopting or administering an ordinance providing for any terms or conditions of employment exceeding or conflicting with state or federal law requirements relating to certain employment issues. In 2019, the City of Waterloo enacted the ordinance at issue, which regulated the time when an employer can inquire into a prospective employee's criminal history. The district court concluded that no part of the ordinance was preempted. The Supreme Court reversed in part, holding (1) the ordinance was preempted to the extent it purported to regulate whether an employer can consider an employee's criminal history at all; and (2) the ordinance was not preempted where it only regulated timing because that was not a term or condition of employment.