The city of Des Moines, Iowa has recently made new efforts to help those with criminal records seeking employment. On November 15th, 2021, the Des Moines city council passed the “ban-the-box” law which limits employers from inquiring about an applicant’s criminal history or performing background checks until a conditional offer of employment has been made. The law comes not long after the Iowa State Supreme court upheld a provision of a city ordinance in June, 2021 that bans employers from asking about criminal records on employment applications.
The decision was unanimously agreed upon by the council, as it is considered “illegal and discriminatory” for employers to inquire about or check an applicant’s criminal record during the application process. The law defines the “application process” as the time from when an applicant inquires about employment being sought to when an employer presents an offer of employment. This means that under the new law, employers are prohibited from inquiring about an applicant’s criminal record, or performing a background check, before an offer for employment is given. This includes actions such as including questions about a criminal record on applications or forcing an applicant to disclose prior arrests, convictions, or pending charges during the interview process.The exception to this law is that this information is voluntarily disclosed by the applicant at the interview.
Additionally, the law is requiring that all employers comply with federal and state requirements when it comes to conducting applicant background checks. Des Moines, Iowa is now one of many cities and states to have passed a “ban-the-box” law. The law seeks to encourage employers to review and hire individuals based on their qualifications.
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