Fair Employment Practices Law Summaries
Iowa, Fair Employment Practices Law Summaries
The Iowa Civil Rights Act generally prohibits employment discrimination in the state. The law is codified in Title VI, Subtitle 1, Ch. 216 of the Code of Iowa (for full text of the law, see Employment Practices Guide ¶16-20,025.01 et seq. ).
DEFINITIONS
“Age” does not include any person under the age of 18, unless that person is considered by law to be an adult (Sec. 216.6, as amended by S. 427, L. 2007, effective July 1, 2007).
“Disability” means the physical or mental condition of a person that is a substantial handicap, and the condition of a person with a positive HIV test result, a diagnosis of AIDS, a diagnosis of AIDS-related complex, or any other condition related to AIDS (Sec. 216.2, as amended by S. 427, L. 2007, effective July 1, 2007).
Including a condition related to a positive HIV test result in the meaning of disability under the Act does not preclude the application to conditions resulting from other contagious or infectious diseases (Sec. 216.2, as amended by S. 427, L. 2007, effective July 1, 2007).
“Employee” includes any person employed by an employer (Sec. 216.2, as amended by S. 427, L. 2007, effective July 1, 2007).
Employee does not include (Sec. 216.6, as amended by S. 427, L. 2007, effective July 1, 2007):
individuals who are members of the employer's family;
individuals who work within the employer's home if the employer or members of the employer's family live there during employment;
individuals who render personal services to the employer or members of the employer's family.
“Employer” includes the state of Iowa or any of its political subdivisions, boards, commissions, departments, institutions, or school districts, and every other person employing employees within the state (Sec. 216.2, as amended by S. 427, L. 2007, effective July 1, 2007).
Employer does not include any employer who regularly employs less than four individuals, or religious institutions, educational facilities, associations, corporations or societies for purposes of qualifications for employment based on religion when those qualifications are related to a genuine religious purpose (Sec. 216.6, as amended by S. 427, L. 2007, effective July 1, 2007).
“Gender identity” means a gender-related identity of a person, regardless of the person's assigned sex at birth (Sec. 216.2, as amended S. 427, L. 2007, effective July 1, 2007).
“Sexual orientation” means actual or perceived heterosexuality, homosexuality, or bisexuality (Sec. 216.2, as amended S. 427, L. 2007, effective July 1, 2007).
COVERAGE
Employers covered under the Iowa's Civil Rights Act include the state of Iowa or any of its political subdivisions, boards, commissions, departments, institutions, or school districts, and every other person employing employees within the state (Sec. 216.2, as amended by S. 427, L. 2007, effective July 1, 2007).
Not covered are employers who regularly employ less than four individuals, religious institutions, educational facilities, associations, corporations or societies for purposes of qualifications for employment based on religion when those qualifications are related to a genuine religious purpose (Sec. 216.6, as amended by S. 427, L. 2007, effective July 1, 2007).
EXCEPTIONS
Bona fide occupational qualification.- Bona fide occupational qualifications permit discriminatory behavior (Sec. 216.6, as amended by S. 427, L. 2007, effective July 1, 2007).
Bona fide retirement or benefit system.- Applying a bona fide retirement plan or benefit system is not prohibited, if the system or its administration is not used as a subterfuge for or does not have the effect of unlawful discrimination (Sec. 216.13).
Compulsory retirement for executive or high policy-making positions.- Compulsory retirement of a person who is 65 years of age or older and who, two-year period immediately preceding retirement, is employed in a bona fide executive or high policy-making position is not unlawful if the employee is entitled to an immediate nonforfeitable annual retirement benefit from the employer's pension, profit-sharing, savings or deferred compensation plans, that equals $27,000 (Sec. 216.13).
Variation of benefits by age.- Providing life, disability or health insurance benefits that vary by age based on actuarial differences is permissible if the employer contributes equally for all the participating employees or may provide for employer contributions differing by age if the benefits for all the participating employees do not vary by age (Sec. 216.13).
WHAT THE EMPLOYER MUST DO
Employers must hire, accept, classify, discharge and conduct other employment-related activities without regard to age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion or disability (Sec. 216.6, as amended by S. 427, L. 2007, effective July 1, 2007).
Advertisements.- Employers may not advertise, indicate or publicize that individuals of any particular age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion or disability are unwelcome, objectionable, or not acceptable (Sec. 216.6, as amended by S. 427, L. 2007, effective July 1, 2007).
Retaliation.- Employers may not discriminate or retaliate against an individual because the individual opposes an unlawful employment practice, files a complaint, testifies or assists in any enforcement proceeding (Sec. 216.11).
Persons with disabilities.- Employers may offer employment or advertise for employment to only individuals with disabilities, when other applicants have available to them other employment compatible with their ability that would not be available to the individuals with disabilities because of their disabilities. Any employment or offer of employment may not discriminate among persons with disabilities on the basis of race, color, creed, sex or national origin (Sec. 216.6, as amended by S. 427, L. 2007, effective July 1, 2007).
Promotions.- Employers are not required to promote or transfer an individual with a disability after the individual is employed unless the individual by training or experience is qualified for the job or occupation (Sec. 216.14, as amended by Ch. 1129, L. 1995).
Diversity in state employment (Executive Order No. 4).- Iowa Governor Chester J. Culver has signed an executive order to advance diversity in state government employment. All executive branch agencies shall implement such hiring and management practices that reflect the merit principles of Iowa Code Sec. 8A.411-412 and that will enhance the diversity of the state's workforce under Iowa Code chapter 19B. Each executive branch agency (not including Board of Regents) shall:
assure uniform hiring practices are applied throughout the agency. A written summary of the agency's hiring practices shall be submitted to the director of the Department of Administrative Services (DAS) for approval by February 1, 2008.
develop a recruitment and retention plan that includes a timetable and achievement milestones.
work with Iowa Vocational Rehabilitation Services to determine ways to increase employment of persons with disabilities.
submit a Diversity Plan to the Diversity Council created by this executive order annually no later than July 31, with the initial plan due on July 31, 2008.
DAS, in consultation with the Iowa Civil Rights Commission and the Department of Human Rights, shall annually monitor the application of the screening methods used by state agencies, assess their impact on employee groups in the selection process and counsel departments with regard to selection processes that pose barriers to any applicant group. Where systems and methods to gather such selection data are inadequate, efforts to improve them shall be made.
Diversity training shall be required on an annual basis for all state employees making hiring and promotion decisions within their respective agency. The training shall be provided or approved by DAS-HRE (Executive Order No. 4, October 26, 2007).
Equal Pay.- Effective July 1, 2009, employers who employ four or more employees may not discriminate against any employee based on that person's age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability by paying wages to such employee at a rate less than that paid to other employees who are employed within the same business establishment for equal work on jobs, the performance of which requires equal skill, effort and responsibility, and which are performed under similar working conditions. An employer may not remedy such discrimination by reducing the wage rate of any employee. An unfair or discriminatory practice occurs when a discriminatory pay decision or other practice is adopted, when an individual becomes subjected to the discriminatory decision or other practice, or when the individual is affected by application of such discriminatory pay decision or practice, including each time wages, benefits or other compensation is paid, resulting in whole or in part from such decision or practice. Exceptions apply for wage payments made (a) pursuant to a seniority system, (b) pursuant to a merit system, (c) pursuant to a system that measures earnings by quantity or quality of production, or (d) pay differential based on any factor other than age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability. This provision does not apply to employers who regularly employee less than four individuals. Where wage discrimination is found, payment to the complainant of damages for injury caused by the discriminatory or unfair practice include but are not limited to court costs, reasonable attorney fees, and either (1) an amount equal to two times the wage differential paid to another employee compared to the complainant for the period of time the discrimination occurred or (2) in instances of willful violation, an amount equal to three times the wage differential paid to another employee as compared to the complainant for the time period for which the complainant was discriminated against (Section 216.6A, as added, and Section 216.15, as amended, by Senate File 137, L. 2009, enacted April 28, 2009).
Harassment/bullying.- See ¶16-3300 .
NOTICE
As relief or penalty for a civil rights violation, an employer may be directed to post in a conspicuous place notices setting forth requirements for compliance with the Civil Rights Act and to include this information in all advertising materials (Sec. 216.15, as amended by H. 667, L. 1997, effective July 1, 1999). See ¶16-9900 .
DEADLINES
Anyone aggrieved by an alleged unlawful employment practice must file a charge with the Iowa Civil Rights Commission within 300 days after the alleged violation (Sec. 216.15(12), as amended by S. 2292, L. 2007, enacted March 27, 2008).
POLICIES
Pregnancy and childbirth.- Employers may not adopt any policy or practice that excludes applicants or employees with regard to pregnancy. Employers are prohibited from terminating the employment of a person disabled by pregnancy because of pregnancy (Sec. 216.6, as amended by S. 427, L. 2007, effective July 1, 2007).
Disabilities caused or contributed from an employee's pregnancy, miscarriage, childbirth, legal abortion and recovery are, for all job-related purposes, temporary disabilities and must be treated as such under an employer's health or temporary disability insurance or sick leave plan (Sec. 216.6, as amended by S. 427, L. 2007, effective July 1, 2007).
An employers's policies and practices involving the beginning and duration of employee leave, availability of extensions, accrual of seniority and other benefits and privileges, reinstatement, and payment under any health or temporary disability insurance or sick leave plan, must be applied to a disability due to the employee's pregnancy, giving birth, or legal abortion on the same terms and conditions as they are applied to other temporary disabilities (Sec. 216.6, as amended by S. 427, L. 2007, effective July 1, 2007).
Where leave or sufficient leave is not available under an employer's health or temporary disability insurance or sick leave plan, the employer may not refuse to grant to the disabled pregnant employee a leave of absence if the leave of absence is for the period that the employee is disabled due to pregnancy, childbirth, or related medical conditions, or for eight weeks, whichever is less. However, employers may require that the employee's disability resulting from pregnancy be verified by medical certification stating that the employee is not able to reasonably perform the job (Sec. 216.6, as amended by S. 427, L. 2007, effective July 1, 2007).
Abortion.- Employers are permitted to exclude health insurance coverage for abortion, except where the life of the mother would be endangered if the fetus were carried to term or where medical complications have arisen from an abortion (Sec. 216.6, as amended by S. 427, L. 2007, effective July 1, 2007).
TESTING
HIV or AIDS.- Employers may not affect the terms, conditions, or privileges of employment or terminate the employment of any employee solely as a result of the employee obtaining a test. Soliciting or requiring as a condition of employment a test for the presence of the antibody to HIV is prohibited (Sec. 216.6, as amended by S. 427, L. 2007, effective July 1, 2007).
Any agreement between an employer and an employee or applicant concerning employment, pay, or benefits in return for taking such a test is prohibited (Sec. 216.6, as amended by S. 427, L. 2007, effective July 1, 2007).
However, testing prohibitions do not apply if the state epidemiologist and the director of public health declare via guidelines established by the Centers for Disease Control of the U.S. Department of Health and Human Services, that a person with a condition related to AIDS poses a significant risk of transmission of HIV to other persons in a specific occupation (Sec. 216.6, as amended by S. 427, L. 2007, effective July 1, 2007).
ENFORCEMENT
Charge.- A person aggrieved by an alleged unlawful employment practice may file a complaint with the Iowa Civil Rights Commission within 300 days of the date of the occurrence. The commission or the Attorney General may also file a complaint (Sec. 216.15, as amended by S. 2292, L. 2007, enacted March 27, 2008).
In addition, any place of public accommodation, employer, labor organization, or other person who has any employees or members who refuse or threaten to refuse to comply with the provisions of Iowa's fair employment practices law may file with the commission a verified written complaint in triplicate asking the commission for assistance to obtain their compliance by conciliation or other remedial action (Sec. 216.15, as amended by H. 667, L. 1997, effective July 1, 1999).
Every complaint should be at least preliminarily screened by the commission during the first 120 days (Sec. 216.16).
Mediation.- The Civil Rights Commission or a party to a complaint may request mediation of the complaint at any time during the commission's processing of the complaint. If the employee and employer participate in mediation and reach an agreement, the mediation agreement may be enforced. Mediation may be discontinued at the request of any party or the commission (Sec. 216.15, as amended by H. 667, L. 1997, effective July 1, 1999).
Iowa's fair employment practices law sets out several confidentiality requirements for mediators. First, all verbal or written information relating to a mediation agreement and transmitted between either the employee or the employer and a mediator to resolve an employment discrimination complaint, whether reflected in notes, memoranda, or other work products, is a confidential communication except as otherwise expressly provided. Mediators may not be examined in any judicial or administrative proceeding regarding the confidential communications and are not subject to judicial or administrative process requiring the disclosure of the confidential communications.
Second, mediators must keep any written confidential communication in a mediation file (not available to parties after a right-to-sue letter is received) that is maintained separately from the case file. The confidential communications may only be included in the commission's case file if the person providing the information consents. Information in the mediation file only may not be considered when making a recommendation or decision regarding screening, probable cause or any issue in a contested case (Sec. 216.15B, as amended by H. 323, L. 2005, effective July 1, 2005).
Finally, a mediator who has reason to believe that an employee or employer has given perjured evidence concerning a confidential communication is not barred from disclosing the basis for this belief to any party to a cause in which the alleged perjury occurs or to the appropriate authorities, including testifying concerning the relevant confidential communications. If a dispute regarding the existence of a mediation agreement exists, the terms of the mediation agreement, or the conduct of the mediation process itself, the mediator may be examined regarding relevant confidential communications (Sec. 216.15B, as amended by H. 323, L. 2005, effective July 1, 2005).
Agreement.- The terms of a conciliation or mediation agreement may require the employer to refrain in the future from committing discriminatory or unfair practices of the type stated in the agreement, to take remedial action as in the judgment of the commission will carry out the purposes of Iowa's fair employment practices law, and to consent to the entry in an appropriate district court of a consent decree embodying the terms of the conciliation or mediation agreement (Sec. 216.15, as amended by H. 667, L. 1997, effective July 1, 1999).
Violation of a consent decree may be punished as contempt by the court in which it is filed, upon a showing by the commission of the violation at any time within six months of its occurrence. At any time in its discretion, the commission may investigate whether the employer is complying with terms of the agreement. Upon a finding that the terms of the conciliation or mediation agreement are not being complied with, the commission will take appropriate action to assure compliance (Sec. 216.15, as amended by H. 667, L. 1997, effective July 1, 1999).
Investigation and conciliation.- If there is probable cause that an unlawful employment practice took place, the Civil Rights Commission will try to eliminate the alleged violation through conference, conciliation, and persuasion (Sec. 216.15, as amended by H. 667, L. 1997, effective July 1, 1999).
Complaint and hearing.- If, after 30 days, conciliation is not successful, the Director must prepare and serve a written notice based on the complaint. A hearing will be held. Judicial review may be obtained (Sec. 216.15, as amended by H. 667, L. 1997, effective July 1, 1999).
If the commission determines that the respondent has engaged in a discriminatory or unfair practice, the commission must state its findings of fact and conclusions of law and issue an order requiring the employer to cease and desist from the discriminatory or unfair practice and to take the necessary remedial action (Sec. 216.15, as amended by H. 667, L. 1997, effective July 1, 1999).
Relief for civil rights violations may include, separately or in combination, orders directing the employer to (Sec. 216.15, as amended by H. 667, L. 1997, effective July 1, 1999):
hire, reinstate or upgrade the individual with or without pay (subject to reduction by interim earned income and unemployment compensation);
admit or restore the individual to a labor organization, guidance program, apprenticeship training program, on-the-job training program or other occupational training or retraining program;
extend to the individual the full and equal enjoyment of the advantages, facilities, privileges, and services of the employer that had previously been denied to the individual;
report as to the manner of compliance;
post in conspicuous place notices setting forth the requirements for compliance with the Civil Rights Act as prescribed by the commission, including advertising material.
pay to the individual damages for any injuries caused by the violation, including, but not limited to actual damages, court costs and reasonable attorneys' fees.
Referrals.- The commission will notify the appropriate licensing agency when employers operating under a license issued by the state, a political subdivision, or an agency commit civil rights violations. The licensing agency may initiate licensee disciplinary procedures-penalties may include suspension or revocation of an employer's license (Sec. 216.15, as amended by H. 667, L. 1997, effective July 1, 1999).
Similarly, the state, a political subdivision or an agency will be notified when contractors or subcontractors that have engaged in discriminatory or unfair practices in the course of performing under a contract or subcontract, if the practice was authorized, performed, or knowingly or recklessly tolerated by an official or agent. The contract may be terminated or conditions placed on the contractor's performance (often requiring a program of compliance). The state, its political subdivisions and agencies may refrain from entering into further contracts with the contractor or subcontractor (Sec. 216.15, as amended by H. 667, L. 1997, effective July 1, 1999).
Employee's right to sue.- After the proper filing of an administrative complaint regarding an unfair or discriminatory practice with the Civil Rights Commission, an employee may be able to commence an action for relief in district court if the complaint was filed in a timely manner, it has been on file with the commission for at least 60 days and the commission issues a release (Sec. 216.16).
Upon a request by the employee, and after the expiration of the 60-day period, the commission will issue a release stating that the employee has a right to commence an action in the district court. A release will not be issued if a finding of no probable cause has been made on the complaint by the administrative law judge, a conciliation agreement has been executed, the commission has served notice of hearing upon the employer, or the complaint is closed as an administrative closure and two years have elapsed since the issuance date of the closure (Sec. 216.16).
The employee's action must be commenced within 90 days after issuance of the commission's release or it will be barred (Sec. 216.16).
The district court may grant any relief available to the commission and may also award the employer reasonable attorney's fees and court costs when the court finds that the employee's action was frivolous (Sec. 216.16).
WHO TO CONTACT
Contact the Iowa Civil Rights Commission, Grimes State Office Building, 400 E. 14th Street Des Moines, IA 50319-1004. Telephone: (515) 281-4121. FAX: (515) 242-5840.
POSTING
Civil rights violations.- As relief or penalty for a civil rights violation, an employer may be directed to post in a conspicuous place notices setting forth requirements for compliance with the Civil Rights Act and to include this information in all advertising materials (Sec. 216.15, as amended by H. 667, L. 1997, effective July 1, 1999). See ¶16-9900 .
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