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Summary of differences between federal and state regulations
Arrest & conviction record inquiries
Iowa has no laws or regulations specifically prohibiting arrest or conviction record inquiries. The publication “Successfully Interviewing Job Applicants” published by the Iowa Civil Rights Commission provides some guidance, stating that an arrest is no indication of guilt and such records alone cannot be used to routinely exclude persons from employment. Exclusion is justified only if it appears that the applicant or employee engaged in the conduct for which he was arrested and the conduct is job-related and relatively recent. Application forms that ask about conviction records should include a statement to the effect that whether a conviction will disqualify an applicant depends on the nature of the offense, the nature of the job, and the length of time since the conviction and incarceration.
State
Contacts
Employer immunity from disclosure claims
Arrest record inquiries
Conviction record inquiries
Regulations
Employer immunity from disclosure claims
Iowa Code 91B.2, Information provided by employers about current or former employees – immunity
Iowa Code 730.1, Punishment
Iowa Code 730.2, Blacklisting employees—treble damages
Arrest record inquiries
None.
Conviction record inquiries
None.
Federal
Contacts
Employer immunity from disclosure claims
None.
Arrest record inquiries
Equal Employment Opportunity Commission (EEOC)
Conviction record inquiries
Equal Employment Opportunity Commission (EEOC)
Regulations
Employer immunity from disclosure claims
None.
Arrest record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.
Conviction record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.