Inquire into or make an individual disclose any convictions, arrests or pending criminal charges during the application process, including during an interview.<\/li>\n<\/ul>\nThe law defines the “application process” as beginning when the applicant inquires about the employment being sought and ends when the employer extends a conditional offer of employment. However, the law allows an employer to discuss the criminal record of an applicant if it is voluntarily disclosed by the applicant at an interview.<\/p>\n
Additionally, employers are required to comply with all federal and state requirements relating to (1) authorizations for background checks, (2) the pre-adverse and adverse action process, and (3) the use of criminal record information.<\/p>\n
A growing number of states and cities have passed ban-the-box laws in recent years aimed at encouraging employers to assess job applicants on qualifications and not a criminal record before denying an offer of employment.<\/p>\n
The Des Moines law comes after the Iowa Supreme Court, in June 2021, upheld a provision of a city ordinance in Waterloo, Iowa banning employers from asking about criminal records on employment applications, finding the provision did not conflict with state law.<\/p>\n
Key Takeaways<\/p>\n
Private employers in Des Moines may want to review their application and hiring processes to ensure they are not engaging in criminal history inquiries or criminal background checks until after a conditional offer of employment.<\/p>\n
Gustavo A. Su<\/em>\u00e1<\/em>rez is an attorney with Ogletree Deakins in Greenville, S.C. Christine Bestor Townsend is an attorney with Ogletree Deakins in Milwaukee and Chicago. \u00a9 2022 Ogletree Deakins. All rights reserved. Reposted with permission. <\/em><\/p>\n
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