HF 2076 (LSB 5567HH (5) 87)

HOUSE FILE 2076

BY  ANDERSON, STAED, GASKILL, R. SMITH, ABDUL-SAMAD, WINCKLER, MEYER, KURTH, H. MILLER, HUNTER, and KEARNS

A BILL FOR

An Act prohibiting employers and employment agencies from seeking the criminal record or criminal history from applicants under certain circumstances and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  735.1  Definitions.
   As used in this chapter:
   1.  “Criminal record or criminal history” means information collected or possessed by any criminal justice agency or judicial system in this state or in another jurisdiction, including a federal, military, tribal, or foreign jurisdiction, concerning individuals which information includes identifiable descriptions and notations of arrests, detentions, indictments, or other formal criminal charges, and any disposition arising therefrom, including acquittal, deferred judgment, sentencing, correctional supervision, release, or conviction, and any sentence arising from a verdict or plea of guilty or nolo contendere, including a sentence of incarceration, a suspended sentence, a sentence of probation, or a sentence of conditional discharge.
   2.  “Employer” means a person who in this state employs for wages a natural person. “Employer” includes an agent of an employer.
   3.  “Employment agency” means a person who, with or without compensation, regularly brings together those desiring to employ and those desiring employment. “Employment agency” includes an agent of an employment agency.
   4.  “Interview” includes an interview conducted in person or by telephone or other means of electronic communication.
    Sec. 2.  NEW SECTION.  735.2  Criminal record or criminal history —— inquiry or required disclosure prohibited.
   Unless otherwise specifically required by law, an employer or employment agency shall not inquire about or require disclosure of the criminal record or criminal history of an applicant for employment until after the applicant has been interviewed, but may do so before an offer of employment is made.
    Sec. 3.  NEW SECTION.  735.3  Penalty —— injunctive relief.
   1.  A person who violates section 735.2 commits a scheduled violation under section 805.8C, subsection 12.
   2.  When a person commits or proposes to commit an act in violation of section 735.2, an injunction may be granted through an action in district court to prohibit the person from continuing such acts. The action for injunctive relief may be brought by an aggrieved person, a county attorney, or the attorney general.
    Sec. 4.  Section 805.8C, Code 2018, is amended by adding the following new subsection:
   NEW SUBSECTION.  12.  Criminal record or criminal history violations.  For violations of section 735.2, the scheduled fine is five hundred dollars for a first violation, one thousand dollars for a second violation, and two thousand dollars for a third or subsequent violation.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits an employer or employment agency from inquiring about or requiring disclosure of the criminal record or criminal history of an applicant for employment until after the applicant has been interviewed, but permits an employer or employment agency to do so before an offer of employment is made.
   The penalty for a violation of the bill is a scheduled fine of $500 for a first violation, $1,000 for a second violation, and $2,000 for a third or subsequent violation. Injunctive relief for violations of the bill may be sought by an aggrieved person, a county attorney, or the attorney general. The fine, court costs, and criminal penalty surcharge assessed under the bill are distributed as provided in Code section 602.8108.