EX-OFFENDERS
IN
EMPLOYMENT
—Issues Surrounding Ex-Offender Hiring Practices in Iowa—
Currently, Iowa law lacks statutory language that would include Iowans with a criminal
history as a protected class (this lack of coverage mirrors most of the nation). However,
Iowa has been shown to parallel EEOC guidance that states that an employer may
exclude an individual from employment on the basis of a conviction record only if the
employer’s decision was “justified by business necessity.” The relevant factors, the
EEOC says, include:
(1) The nature and seriousness of the offense; (2) the time that has passed since
the conviction and/or completion of the sentence; and (3) the nature of the job
held or sought. Thus, a blanket exclusion based on conviction records can seldom
be justified. 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. (IWD)
Additionally, the state recognizes the disparate impact model of discrimination, which
speaks to the range of discrimination that may occur by use of facially neutral criteria
(arrest or conviction records) that may lead to a discriminatory impact on a protected
class (e.g. African-Americans and Hispanics). These “protected classes” statistically
make up a larger proportion of those with criminal records per capita, which directly
contrasts with their representation in terms of relative population. Studies have shown
that Iowa as a state incarcerates African-Americans at a rate 13.6 times higher than
whites (the highest in the nation) (Boone). Recent years have seen federal and state
action to address this unfortunate reality, but these efforts have been actualized mostly in
the way of government funded programs. This funding, in its most palpable form, has
established employer