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House File 192 - IntroducedA Bill ForAn Act 1prohibiting employers and employment agencies from
2seeking the criminal record or criminal history from
3applicants for employment under certain circumstances,
4establishing a criminal history employment application task
5force, providing penalties, and including effective date
6provisions.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2PROHIBITED HIRING PRACTICES — CRIMINAL RECORD OR CRIMINAL
3HISTORY
4 Section 1. Section 84A.5, subsection 4, Code 2017, is
5amended to read as follows:
64. The division of labor services is responsible for the
7administration of the laws of this state under chapters 88,
888A, 88B, 89, 89A, 89B, 90A, 91, 91A, 91C, 91D, 91E, 91F, 92,
9and 94A, and section 85.68. The executive head of the division
10is the labor commissioner, appointed pursuant to section 91.2.
11 Sec. 2. Section 91.4, subsection 2, Code 2017, is amended
12to read as follows:
132. The director of the department of workforce development,
14in consultation with the labor commissioner, shall, at the
15time provided by law, make an annual report to the governor
16setting forth in appropriate form the business and expense of
17the division of labor services for the preceding year, the
18number of remedial actions taken under chapter 89A, the number
19of disputes or violations processed by the division and the
20disposition of the disputes or violations, and other matters
21pertaining to the division which are of public interest,
22together with recommendations for change or amendment of the
23laws in this chapter and chapters 88, 88A, 88B, 89, 89A, 89B,
2490A, 91A, 91C, 91D, 91E, 91F, 92, and 94A, and section 85.68,
25and the recommendations, if any, shall be transmitted by the
26governor to the first general assembly in session after the
27report is filed.
28 Sec. 3. NEW SECTION. 91F.1 Declarations and purpose.
291. The general assembly declares that:
30a. Removing obstacles to employment for individuals with
31criminal records provides economic and social opportunities to
32a large group of individuals in Iowa, as well as increasing the
33productivity, health, and safety of Iowa communities.
34b. Employment advertisements in Iowa frequently include
35language regarding criminal records that is unrelated to the
-1-1employment vacancy and that either explicitly precludes or
2strongly dissuades individuals from applying for employment for
3which they are otherwise qualified.
4c. Individuals with criminal records represent a group of
5job seekers ready and able to enlarge and contribute to the
6workforce.
7d. Securing employment significantly reduces the risk of
8recidivism for individuals with criminal records.
9e. The opportunity for individuals with criminal records
10to secure employment or to pursue, practice, or engage in
11a meaningful and profitable trade, occupation, vocation,
12profession, or business is essential to rehabilitation and
13their resumption of the responsibilities of citizenship.
142. It is the purpose of this chapter to improve the economic
15viability, health, and security of Iowa communities and to
16assist individuals with criminal records to reintegrate into
17the community, become productive members of the workforce, and
18provide for their families and themselves.
19 Sec. 4. NEW SECTION. 91F.2 Definitions.
201. “Applicant” means a person pursuing employment with an
21employer or with or through an employment agency.
222. “Commissioner” means the labor commissioner, appointed
23pursuant to section 91.2, or the labor commissioner’s designee.
243. “Criminal record or criminal history” means information
25collected or possessed by any criminal justice agency or
26judicial system in this state or in another jurisdiction,
27including a federal, military, tribal, or foreign jurisdiction,
28concerning individuals which information includes identifiable
29descriptions and notations of arrests, detentions, indictments,
30or other formal criminal charges, and any disposition arising
31therefrom, including acquittal, deferred judgment, sentencing,
32correctional supervision, release, or conviction, and any
33sentence arising from a verdict or plea of guilty or nolo
34contendere, including a sentence of incarceration, a suspended
35sentence, a sentence of probation, or a sentence of conditional
-2-1discharge.
24. “Employer” means a person who has four or more employees
3in the current or preceding calendar year and includes an agent
4of such a person. For purposes of this chapter, individuals
5who are members of the employer’s family shall not be counted
6as employees.
75. “Employment agency” means a person who, with or without
8compensation, regularly brings together those desiring to
9employ and those desiring employment and includes an agent of
10such a person.
11 Sec. 5. NEW SECTION. 91F.3 Prohibited hiring practices —
12exceptions.
131. An employer or employment agency shall not inquire
14about or require disclosure of the criminal record or criminal
15history of an applicant until the applicant’s interview is
16being conducted or, if an interview will not be conducted,
17until after a conditional offer of employment is made to the
18applicant by the employer or employment agency.
192. Subsection 1 does not apply to the following positions
20if an employer or employment agency establishes a separate
21application form for such positions that includes the title and
22job description of the position, the specific state or federal
23law or bonding requirement that applies to the position, and
24the types of criminal offenses that would preclude an applicant
25from being hired for the position:
26a. Positions where employers are required to exclude
27applicants with certain criminal convictions from employment
28due to federal or state law.
29b. Positions where a fidelity bond or an equivalent bond is
30required and an applicant’s conviction of one or more specified
31criminal offenses would disqualify the applicant from obtaining
32such bond, in which case an employer may include a question or
33otherwise inquire whether the applicant has ever been convicted
34of such specified criminal offenses.
353. Subsection 1 does not prohibit an employer or employment
-3-1agency from notifying applicants in writing of specific
2offenses that will disqualify an applicant from employment in a
3particular position as permitted by subsection 2.
44. Subsection 1 does not apply to the following positions:
5a. Positions where an employee will work within the
6residence of the employer if the employer or members of the
7employer’s family reside therein during such employment.
8b. Positions where an employee will have entry access to a
9personal residence or an occupied unit in a multiple housing
10structure.
11c. Positions where an employee will render personal service
12to the person of the employer or members of the employer’s
13family.
145. An employment agency shall not be liable for a violation
15of subsection 1 if the employment agency can demonstrate by
16clear and convincing evidence that such violation was caused by
17the employment agency’s good-faith reliance on an affirmative
18representation by an employer that one of the exceptions listed
19in subsection 2 or 4 applied to the position in question. The
20employer shall be liable for any such violations.
21 Sec. 6. NEW SECTION. 91F.4 Powers and duties of the
22commissioner.
231. The commissioner may hold hearings and investigate
24alleged violations of this chapter by an employer or employment
25agency.
262. The commissioner may assess and recover civil penalties
27in accordance with sections 91F.5 and 91F.6.
283. The commissioner shall adopt rules pursuant to chapter
2917A to administer this chapter.
30 Sec. 7. NEW SECTION. 91F.5 Civil penalties — amount.
31An employer or employment agency who violates the provisions
32of this chapter shall be subject to a penalty as follows:
331. For a first violation, the commissioner shall issue
34a written warning to the employer or employment agency that
35includes notice regarding penalties for subsequent violations
-4-1and the employer or employment agency shall have thirty days
2to remedy the violation.
32. For a second violation, or if a previous violation is not
4remedied within thirty days of notice by the commissioner, the
5commissioner may impose a civil penalty of up to five hundred
6dollars.
73. For a third violation, or if a previous violation is not
8remedied within sixty days of notice by the commissioner, the
9commissioner may impose a civil penalty of up to one thousand
10five hundred dollars.
114. For subsequent violations, or if a previous violation is
12not remedied within ninety days of notice by the commissioner,
13the commissioner may impose a civil penalty of up to one
14thousand five hundred dollars for every thirty days that pass
15thereafter without compliance.
16 Sec. 8. NEW SECTION. 91F.6 Civil penalties — recovery.
171. The commissioner may propose that an employer be assessed
18a civil penalty as provided in section 91F.4 by serving the
19employer with notice of such proposal in the same manner as an
20original notice is served under the rules of civil procedure.
21Upon service of such notice, the proposed assessment shall be
22treated as a contested case under chapter 17A. However, an
23employer or employment agency must request a hearing within
24thirty days of being served.
252. If an employer or employment agency does not request
26a hearing pursuant to subsection 1 or if the commissioner
27determines, after an appropriate hearing, that an employer
28or employment agency is in violation of this chapter, the
29commissioner shall assess a civil penalty in accordance with
30section 91F.5.
313. An employer or employment agency may seek judicial
32review of any assessment made under subsection 2 by instituting
33proceedings for judicial review pursuant to chapter 17A.
34 However, such proceedings must be instituted in the district
35court of the county in which the violation or one of the
-5-1violations occurred and within thirty days of the day on which
2the employer was notified that an assessment has been made.
34. After the time for seeking judicial review has expired
4or after all judicial review has been exhausted and the
5commissioner’s assessment has been upheld, the commissioner
6shall request the attorney general to recover the assessed
7penalties in a civil action.
85. Civil penalties recovered pursuant to this section shall
9be remitted by the commissioner to the treasurer of state for
10deposit in the general fund of the state.
11 Sec. 9. NEW SECTION. 91F.7 Construction.
12This chapter shall not be construed to require an employer to
13employ an individual with a criminal record.
14 Sec. 10. EFFECTIVE DATE. This division of this Act takes
15effect January 1, 2018.
16DIVISION II
17Criminal history employment application task force
18 Sec. 11. CRIMINAL HISTORY EMPLOYMENT APPLICATION TASK FORCE
19AND REPORT.
201. A criminal history employment application task force
21is created. The task force shall consist of the following
22members:
23a. The labor commissioner or the labor commissioner’s
24designee, who shall represent public sector employers.
25b. Two representatives of established civil rights
26and civil liberties organizations appointed by the labor
27commissioner.
28c. Two representatives of private sector employers
29appointed by the labor commissioner.
30d. One representative of a private sector labor
31organization appointed by the labor commissioner.
32e. One representative of a statewide public sector labor
33organization appointed by the labor commissioner.
342. The task force shall study appropriate voluntary
35standards and procedures for evaluating employment applications
-6-1from an individual with a criminal history, including but not
2limited to the nature of the crime, the age at which the crime
3was committed, the nature of the duties of the position applied
4for, and relevant evidence of the individual’s rehabilitation.
53. The labor services division of the department of
6workforce development shall provide staffing services for the
7task force. The labor commissioner or the labor commissioner’s
8designee shall serve as the chairperson of the task force.
94. The members of the task force shall serve without
10compensation and shall not be reimbursed for their expenses.
115. The task force shall submit a report regarding its
12findings and recommendations to the governor and the general
13assembly no later than January 1, 2018. The report shall
14include a model pamphlet or other publication in both printed
15and electronic form on evaluating employment applications
16from individuals with criminal histories to be distributed to
17employers in Iowa in a manner similar to other information
18distributed by the labor commissioner.
19 Sec. 12. EFFECTIVE UPON ENACTMENT. This division of this
20Act, being deemed of immediate importance, takes effect upon
21enactment.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25DIVISION I — PROHIBITED HIRING PRACTICES — CRIMINAL
26RECORD OR CRIMINAL HISTORY. This bill prohibits an employer
27or employment agency from inquiring about or requiring
28disclosure of the criminal record or criminal history of an
29applicant until the applicant’s interview is being conducted.
30If an interview for the position will not be conducted,
31the prohibition applies until after a conditional offer
32of employment is made to the applicant by the employer or
33employment agency.
34The prohibition does not apply to certain positions listed
35in the bill if an employer or employment agency establishes
-7-1a separate application form for such positions that includes
2certain information listed in the bill. The bill does not
3prohibit an employer or employment agency from notifying
4applicants in writing of specific offenses that will disqualify
5an applicant from employment in a particular position as
6permitted by these exceptions.
7The prohibition does not apply to certain additional
8positions listed in the bill.
9An employment agency shall not be liable for a violation of
10the prohibition if the employment agency can demonstrate by
11clear and convincing evidence that such violation was caused by
12the employment agency’s good-faith reliance on an affirmative
13representation by an employer that one of the exceptions listed
14in the bill applied to the position in question. The employer
15shall be liable for any such violations.
16The bill defines “applicant” as a person pursuing employment
17with an employer or with or through an employment agency.
18The bill defines “employer” as a person who has four or more
19employees in the current or preceding calendar year and an
20agent of such a person, excluding family members. The bill
21defines “employment agency” as a person who, with or without
22compensation, regularly brings together those desiring to
23employ and those desiring employment and an agent of such a
24person.
25The bill defines “criminal record or criminal history” as
26information collected or possessed by any criminal justice
27agency or judicial system in this state or in another
28jurisdiction, including a federal, military, tribal, or
29foreign jurisdiction, concerning individuals which information
30includes identifiable descriptions and notations of arrests,
31detentions, indictments, or other formal criminal charges,
32and any disposition arising therefrom, including acquittal,
33deferred judgment, sentencing, correctional supervision,
34release, or conviction, and any sentence arising from a verdict
35or plea of guilty or nolo contendere, including a sentence of
-8-1incarceration, a suspended sentence, a sentence of probation,
2or a sentence of conditional discharge.
3An employer or employment agency that violates the
4provisions of the bill is subject to civil penalties ranging
5from a written warning for a first violation to up to $1,500
6every 30 days for a fourth or subsequent violation not remedied
7within 90 days.
8The labor commissioner may hold hearings and investigate
9alleged violations of the bill by an employer or employment
10agency, may assess and recover civil penalties and seek
11attorney general assistance in such recovery according to the
12procedural provisions of the bill, and shall adopt rules to
13administer the bill.
14Division I of the bill shall not be construed to require an
15employer to employ an individual with a criminal record.
16Division I of the bill takes effect January 1, 2018.
17DIVISION II — CRIMINAL HISTORY EMPLOYMENT APPLICATION TASK
18FORCE. Division II of the bill creates a criminal history
19employment application task force. The task force shall study
20appropriate voluntary standards and procedures for evaluating
21employment applications from an individual with a criminal
22history, including but not limited to the nature of the crime,
23the age at which the crime was committed, the nature of the
24duties of the position applied for, and relevant evidence of
25the individual’s rehabilitation.
26The bill lists the membership of the task force. The labor
27commissioner shall be the chairperson of the task force and
28the labor services division of the department of workforce
29development shall provide staffing services for the task force.
30The task force shall submit a report regarding its findings
31and recommendations to the governor and the general assembly no
32later than January 1, 2018. The report shall include a model
33pamphlet or other publication in both printed and electronic
34form on evaluating employment applications from individuals
35with criminal histories to be distributed to employers in Iowa
-9-1in a manner similar to other information distributed by the
2labor commissioner.
3Division II of the bill takes effect upon enactment.
-10-je/rj
2seeking the criminal record or criminal history from
3applicants for employment under certain circumstances,
4establishing a criminal history employment application task
5force, providing penalties, and including effective date
6provisions.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2PROHIBITED HIRING PRACTICES — CRIMINAL RECORD OR CRIMINAL
3HISTORY
4 Section 1. Section 84A.5, subsection 4, Code 2017, is
5amended to read as follows:
64. The division of labor services is responsible for the
7administration of the laws of this state under chapters 88,
888A, 88B, 89, 89A, 89B, 90A, 91, 91A, 91C, 91D, 91E, 91F, 92,
9and 94A, and section 85.68. The executive head of the division
10is the labor commissioner, appointed pursuant to section 91.2.
11 Sec. 2. Section 91.4, subsection 2, Code 2017, is amended
12to read as follows:
132. The director of the department of workforce development,
14in consultation with the labor commissioner, shall, at the
15time provided by law, make an annual report to the governor
16setting forth in appropriate form the business and expense of
17the division of labor services for the preceding year, the
18number of remedial actions taken under chapter 89A, the number
19of disputes or violations processed by the division and the
20disposition of the disputes or violations, and other matters
21pertaining to the division which are of public interest,
22together with recommendations for change or amendment of the
23laws in this chapter and chapters 88, 88A, 88B, 89, 89A, 89B,
2490A, 91A, 91C, 91D, 91E, 91F, 92, and 94A, and section 85.68,
25and the recommendations, if any, shall be transmitted by the
26governor to the first general assembly in session after the
27report is filed.
28 Sec. 3. NEW SECTION. 91F.1 Declarations and purpose.
291. The general assembly declares that:
30a. Removing obstacles to employment for individuals with
31criminal records provides economic and social opportunities to
32a large group of individuals in Iowa, as well as increasing the
33productivity, health, and safety of Iowa communities.
34b. Employment advertisements in Iowa frequently include
35language regarding criminal records that is unrelated to the
-1-1employment vacancy and that either explicitly precludes or
2strongly dissuades individuals from applying for employment for
3which they are otherwise qualified.
4c. Individuals with criminal records represent a group of
5job seekers ready and able to enlarge and contribute to the
6workforce.
7d. Securing employment significantly reduces the risk of
8recidivism for individuals with criminal records.
9e. The opportunity for individuals with criminal records
10to secure employment or to pursue, practice, or engage in
11a meaningful and profitable trade, occupation, vocation,
12profession, or business is essential to rehabilitation and
13their resumption of the responsibilities of citizenship.
142. It is the purpose of this chapter to improve the economic
15viability, health, and security of Iowa communities and to
16assist individuals with criminal records to reintegrate into
17the community, become productive members of the workforce, and
18provide for their families and themselves.
19 Sec. 4. NEW SECTION. 91F.2 Definitions.
201. “Applicant” means a person pursuing employment with an
21employer or with or through an employment agency.
222. “Commissioner” means the labor commissioner, appointed
23pursuant to section 91.2, or the labor commissioner’s designee.
243. “Criminal record or criminal history” means information
25collected or possessed by any criminal justice agency or
26judicial system in this state or in another jurisdiction,
27including a federal, military, tribal, or foreign jurisdiction,
28concerning individuals which information includes identifiable
29descriptions and notations of arrests, detentions, indictments,
30or other formal criminal charges, and any disposition arising
31therefrom, including acquittal, deferred judgment, sentencing,
32correctional supervision, release, or conviction, and any
33sentence arising from a verdict or plea of guilty or nolo
34contendere, including a sentence of incarceration, a suspended
35sentence, a sentence of probation, or a sentence of conditional
-2-1discharge.
24. “Employer” means a person who has four or more employees
3in the current or preceding calendar year and includes an agent
4of such a person. For purposes of this chapter, individuals
5who are members of the employer’s family shall not be counted
6as employees.
75. “Employment agency” means a person who, with or without
8compensation, regularly brings together those desiring to
9employ and those desiring employment and includes an agent of
10such a person.
11 Sec. 5. NEW SECTION. 91F.3 Prohibited hiring practices —
12exceptions.
131. An employer or employment agency shall not inquire
14about or require disclosure of the criminal record or criminal
15history of an applicant until the applicant’s interview is
16being conducted or, if an interview will not be conducted,
17until after a conditional offer of employment is made to the
18applicant by the employer or employment agency.
192. Subsection 1 does not apply to the following positions
20if an employer or employment agency establishes a separate
21application form for such positions that includes the title and
22job description of the position, the specific state or federal
23law or bonding requirement that applies to the position, and
24the types of criminal offenses that would preclude an applicant
25from being hired for the position:
26a. Positions where employers are required to exclude
27applicants with certain criminal convictions from employment
28due to federal or state law.
29b. Positions where a fidelity bond or an equivalent bond is
30required and an applicant’s conviction of one or more specified
31criminal offenses would disqualify the applicant from obtaining
32such bond, in which case an employer may include a question or
33otherwise inquire whether the applicant has ever been convicted
34of such specified criminal offenses.
353. Subsection 1 does not prohibit an employer or employment
-3-1agency from notifying applicants in writing of specific
2offenses that will disqualify an applicant from employment in a
3particular position as permitted by subsection 2.
44. Subsection 1 does not apply to the following positions:
5a. Positions where an employee will work within the
6residence of the employer if the employer or members of the
7employer’s family reside therein during such employment.
8b. Positions where an employee will have entry access to a
9personal residence or an occupied unit in a multiple housing
10structure.
11c. Positions where an employee will render personal service
12to the person of the employer or members of the employer’s
13family.
145. An employment agency shall not be liable for a violation
15of subsection 1 if the employment agency can demonstrate by
16clear and convincing evidence that such violation was caused by
17the employment agency’s good-faith reliance on an affirmative
18representation by an employer that one of the exceptions listed
19in subsection 2 or 4 applied to the position in question. The
20employer shall be liable for any such violations.
21 Sec. 6. NEW SECTION. 91F.4 Powers and duties of the
22commissioner.
231. The commissioner may hold hearings and investigate
24alleged violations of this chapter by an employer or employment
25agency.
262. The commissioner may assess and recover civil penalties
27in accordance with sections 91F.5 and 91F.6.
283. The commissioner shall adopt rules pursuant to chapter
2917A to administer this chapter.
30 Sec. 7. NEW SECTION. 91F.5 Civil penalties — amount.
31An employer or employment agency who violates the provisions
32of this chapter shall be subject to a penalty as follows:
331. For a first violation, the commissioner shall issue
34a written warning to the employer or employment agency that
35includes notice regarding penalties for subsequent violations
-4-1and the employer or employment agency shall have thirty days
2to remedy the violation.
32. For a second violation, or if a previous violation is not
4remedied within thirty days of notice by the commissioner, the
5commissioner may impose a civil penalty of up to five hundred
6dollars.
73. For a third violation, or if a previous violation is not
8remedied within sixty days of notice by the commissioner, the
9commissioner may impose a civil penalty of up to one thousand
10five hundred dollars.
114. For subsequent violations, or if a previous violation is
12not remedied within ninety days of notice by the commissioner,
13the commissioner may impose a civil penalty of up to one
14thousand five hundred dollars for every thirty days that pass
15thereafter without compliance.
16 Sec. 8. NEW SECTION. 91F.6 Civil penalties — recovery.
171. The commissioner may propose that an employer be assessed
18a civil penalty as provided in section 91F.4 by serving the
19employer with notice of such proposal in the same manner as an
20original notice is served under the rules of civil procedure.
21Upon service of such notice, the proposed assessment shall be
22treated as a contested case under chapter 17A. However, an
23employer or employment agency must request a hearing within
24thirty days of being served.
252. If an employer or employment agency does not request
26a hearing pursuant to subsection 1 or if the commissioner
27determines, after an appropriate hearing, that an employer
28or employment agency is in violation of this chapter, the
29commissioner shall assess a civil penalty in accordance with
30section 91F.5.
313. An employer or employment agency may seek judicial
32review of any assessment made under subsection 2 by instituting
33proceedings for judicial review pursuant to chapter 17A.
34 However, such proceedings must be instituted in the district
35court of the county in which the violation or one of the
-5-1violations occurred and within thirty days of the day on which
2the employer was notified that an assessment has been made.
34. After the time for seeking judicial review has expired
4or after all judicial review has been exhausted and the
5commissioner’s assessment has been upheld, the commissioner
6shall request the attorney general to recover the assessed
7penalties in a civil action.
85. Civil penalties recovered pursuant to this section shall
9be remitted by the commissioner to the treasurer of state for
10deposit in the general fund of the state.
11 Sec. 9. NEW SECTION. 91F.7 Construction.
12This chapter shall not be construed to require an employer to
13employ an individual with a criminal record.
14 Sec. 10. EFFECTIVE DATE. This division of this Act takes
15effect January 1, 2018.
16DIVISION II
17Criminal history employment application task force
18 Sec. 11. CRIMINAL HISTORY EMPLOYMENT APPLICATION TASK FORCE
19AND REPORT.
201. A criminal history employment application task force
21is created. The task force shall consist of the following
22members:
23a. The labor commissioner or the labor commissioner’s
24designee, who shall represent public sector employers.
25b. Two representatives of established civil rights
26and civil liberties organizations appointed by the labor
27commissioner.
28c. Two representatives of private sector employers
29appointed by the labor commissioner.
30d. One representative of a private sector labor
31organization appointed by the labor commissioner.
32e. One representative of a statewide public sector labor
33organization appointed by the labor commissioner.
342. The task force shall study appropriate voluntary
35standards and procedures for evaluating employment applications
-6-1from an individual with a criminal history, including but not
2limited to the nature of the crime, the age at which the crime
3was committed, the nature of the duties of the position applied
4for, and relevant evidence of the individual’s rehabilitation.
53. The labor services division of the department of
6workforce development shall provide staffing services for the
7task force. The labor commissioner or the labor commissioner’s
8designee shall serve as the chairperson of the task force.
94. The members of the task force shall serve without
10compensation and shall not be reimbursed for their expenses.
115. The task force shall submit a report regarding its
12findings and recommendations to the governor and the general
13assembly no later than January 1, 2018. The report shall
14include a model pamphlet or other publication in both printed
15and electronic form on evaluating employment applications
16from individuals with criminal histories to be distributed to
17employers in Iowa in a manner similar to other information
18distributed by the labor commissioner.
19 Sec. 12. EFFECTIVE UPON ENACTMENT. This division of this
20Act, being deemed of immediate importance, takes effect upon
21enactment.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25DIVISION I — PROHIBITED HIRING PRACTICES — CRIMINAL
26RECORD OR CRIMINAL HISTORY. This bill prohibits an employer
27or employment agency from inquiring about or requiring
28disclosure of the criminal record or criminal history of an
29applicant until the applicant’s interview is being conducted.
30If an interview for the position will not be conducted,
31the prohibition applies until after a conditional offer
32of employment is made to the applicant by the employer or
33employment agency.
34The prohibition does not apply to certain positions listed
35in the bill if an employer or employment agency establishes
-7-1a separate application form for such positions that includes
2certain information listed in the bill. The bill does not
3prohibit an employer or employment agency from notifying
4applicants in writing of specific offenses that will disqualify
5an applicant from employment in a particular position as
6permitted by these exceptions.
7The prohibition does not apply to certain additional
8positions listed in the bill.
9An employment agency shall not be liable for a violation of
10the prohibition if the employment agency can demonstrate by
11clear and convincing evidence that such violation was caused by
12the employment agency’s good-faith reliance on an affirmative
13representation by an employer that one of the exceptions listed
14in the bill applied to the position in question. The employer
15shall be liable for any such violations.
16The bill defines “applicant” as a person pursuing employment
17with an employer or with or through an employment agency.
18The bill defines “employer” as a person who has four or more
19employees in the current or preceding calendar year and an
20agent of such a person, excluding family members. The bill
21defines “employment agency” as a person who, with or without
22compensation, regularly brings together those desiring to
23employ and those desiring employment and an agent of such a
24person.
25The bill defines “criminal record or criminal history” as
26information collected or possessed by any criminal justice
27agency or judicial system in this state or in another
28jurisdiction, including a federal, military, tribal, or
29foreign jurisdiction, concerning individuals which information
30includes identifiable descriptions and notations of arrests,
31detentions, indictments, or other formal criminal charges,
32and any disposition arising therefrom, including acquittal,
33deferred judgment, sentencing, correctional supervision,
34release, or conviction, and any sentence arising from a verdict
35or plea of guilty or nolo contendere, including a sentence of
-8-1incarceration, a suspended sentence, a sentence of probation,
2or a sentence of conditional discharge.
3An employer or employment agency that violates the
4provisions of the bill is subject to civil penalties ranging
5from a written warning for a first violation to up to $1,500
6every 30 days for a fourth or subsequent violation not remedied
7within 90 days.
8The labor commissioner may hold hearings and investigate
9alleged violations of the bill by an employer or employment
10agency, may assess and recover civil penalties and seek
11attorney general assistance in such recovery according to the
12procedural provisions of the bill, and shall adopt rules to
13administer the bill.
14Division I of the bill shall not be construed to require an
15employer to employ an individual with a criminal record.
16Division I of the bill takes effect January 1, 2018.
17DIVISION II — CRIMINAL HISTORY EMPLOYMENT APPLICATION TASK
18FORCE. Division II of the bill creates a criminal history
19employment application task force. The task force shall study
20appropriate voluntary standards and procedures for evaluating
21employment applications from an individual with a criminal
22history, including but not limited to the nature of the crime,
23the age at which the crime was committed, the nature of the
24duties of the position applied for, and relevant evidence of
25the individual’s rehabilitation.
26The bill lists the membership of the task force. The labor
27commissioner shall be the chairperson of the task force and
28the labor services division of the department of workforce
29development shall provide staffing services for the task force.
30The task force shall submit a report regarding its findings
31and recommendations to the governor and the general assembly no
32later than January 1, 2018. The report shall include a model
33pamphlet or other publication in both printed and electronic
34form on evaluating employment applications from individuals
35with criminal histories to be distributed to employers in Iowa
-9-1in a manner similar to other information distributed by the
2labor commissioner.
3Division II of the bill takes effect upon enactment.
-10-je/rj