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Iowa Supreme Court: City’s “Ban The Box” Ordinance Is Preempted By State Law, But Not Entirely

The Iowa Supreme Court has ruled that Iowa state law preempts the City of Waterloo’s restriction on employers’ use of applicants’ criminal record history when making hiring decisions. Other aspects of the ordinance, however,...more

Out-of-State Employer Must Comply With Montana Wrongful Discharge Act, Montana Court Rules

Montana’s Wrongful Discharge from Employment Act (WDEA) requires that employers have just cause for discharge of employees after completion of an initial probationary period. A recent Montana case highlights state-specific...more

Employer Fitness For Duty Policy Survives Disability Discrimination Claim

A district court ruled that a long-time railroad trackman, who was pulled from service following safety complaints from his coworkers and supervisors, failed to prove that he was considered disabled under the ADA, and failed...more

Iowa Drug Testing Statute Provides Exclusive Remedy For Violations; Separate Wrongful Discharge Claim Is Barred

Addressing a matter of first impression, the Iowa Supreme Court determined that “when a civil cause of action is provided by the legislature in the same statute that creates the public policy to be enforced, the civil cause...more

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