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Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 4 - Contested Cases › Rule 161-4.24 - Scope of Review by Commission

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
In general.
Whenever the commission reviews a proposed
			 decision, it has all the power it would have in initially making the final
			 decision. The commission may adopt, modify or reject the presiding officer's
			 proposed decision or it may remand the case to the presiding officer for the
			 taking of additional evidence and the making of any further proposed findings
			 of fact, conclusions of law, or decision and order the commission deems
			 necessary.
(2)
Limitation
			 of issues.
Whenever the commission reviews a proposed decision it
			 shall consider only those issues actually presented to the presiding officer
			 unless the issue was one which either:
a. Was
			 raised prior to the proposed decision by a party, but not ruled upon,
			 or
b. Was discussed in the proposed
			 decision, but not argued on brief by the parties.
This rule does not affect a party's right to seek
				disqualification of a commissioner under rule 161-4.13(17A) or
				161-4.14(17A).
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 4 - Contested Cases › Rule 161-4.25 - Interlocutory Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Upon written request of a party or on its own motion, the
				commission may review an interlocutory order of the presiding officer In
				determining whether to do so, the commission shall weigh the extent to which
				its granting the interlocutory appeal would expedite final resolution of the
				case and the extent to which review of that interlocutory order by the agency
				at the time it reviews the proposed decision of the presiding officer would
				provide an adequate remedy. Any request or motion for interlocutory review must
				be filed within seven days of issuance of the challenged order, but no later
				than the time for compliance with the order or the date of hearing, whichever
				is first.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 4 - Contested Cases › Rule 161-4.26 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Motion.
A motion for leave to intervene in a contested case
			 proceeding shall state the grounds for the proposed intervention, the position
			 and interest of the proposed intervenor, and the possible impact of
			 intervention on the proceeding. A proposed answer or petition in intervention
			 shall be attached to the motion. Any party may file a response within 14 days
			 of service of the motion to intervene unless the time period is extended or
			 shortened by the presiding officer
(2)
When filed.
Motion for
			 leave to intervene shall be filed as early in the proceeding as possible to
			 avoid adverse impact on existing parties or the conduct of the proceeding.
			 Unless otherwise ordered, a motion for leave to intervene shall be filed before
			 the prehearing conference, if any, or at least 20 days before the date
			 scheduled for hearing. Any later motion must contain a statement of good cause
			 for the failure to file in a timely manner Unless inequitable or unjust, an
			 intervenor shall be bound by any agreement, arrangement, or other matter
			 previously raised in the case. Requests by untimely intervenors for
			 continuances which would delay the proceeding will ordinarily be
			 denied.
(3)
Grounds for
			 intervention.
The movant shall demonstrate that:
(a) intervention would not unduly prolong the
			 proceedings or otherwise prejudice the rights of existing parties;
(b) the movant is likely to be aggrieved or
			 adversely affected by a final order in the proceeding; and
(c) the interests of the movant are not
			 adequately represented by existing parties.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 4 - Contested Cases › Rule 161-4.27 - No Factual Dispute Contested Cases

Current through Register Vol. 47, No. 3, July 24, 2024
If the parties agree that no dispute of material fact exists as
				to a matter that would be a contested case if such a dispute of fact existed,
				the parties may present all relevant admissible evidence either by stipulation
				or otherwise as agreed by the parties, without necessity for the production of
				evidence at an evidentiary hearing. If such agreement is reached, a jointly
				submitted schedule detailing the method and timetable for submission of the
				record, briefs and oral argument should be submitted to the presiding officer
				for approval as soon as practicable. If the parties cannot agree, any party may
				file and serve a motion for summary judgment pursuant to the rules governing
				such motions.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 4 - Contested Cases › Rule 161-4.28 - Awards of Attorney's Fees

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Retention of jurisdiction.
In any final decision in which it
			 is determined that the complainant is entitled to an award of attorney's fees,
			 but the actual amount has not yet been determined, there is, by operation of
			 this rule, an express retention of jurisdiction of the case by the commission
			 in order to determine the actual amount of attorney's fees to which the party
			 is entitled and to enter a subsequent order awarding those fees. The commission
			 shall take this action regardless of whether or not such retention of
			 jurisdiction is expressed in the final decision. In such case, the decision is
			 final in all other respects except the determination of the amount of the
			 attorney's fees.
(2)
Stipulation. A
final decision, in which it is determined that
			 the complainant is entitled to an award of attorney's fees, may provide for an
			 opportunity for the parties to file a written stipulation concerning the amount
			 of the fees to be awarded. Any such stipulation entered into by the
			 complainant(s) and respondent(s) is binding on the commission in the absence of
			 evidence of fraud, wrongdoing, misrepresentation, or evidence that the
			 stipulation is not in accord with the intent of the parties.
(3)
Hearing.
If the amount
			 of attorney's fees is not stipulated to by the parties, the presiding officer
			 shall schedule a hearing on the issue of the amount of the attorney's fees. The
			 hearing shall be governed by the same procedures as a hearing on the merits of
			 a complaint except where otherwise ordered by the presiding officer The parties
			 may elect, by written stipulation, to utilize some method, such as stipulation
			 of facts or submission of a documentary record, other than or complementary to
			 a hearing, in order to make a record on attorney's fees which may then be
			 reviewed by the presiding officer By operation of this rule, the commission
			 expresses its consent to such stipulations if agreed to by the parties seeking
			 and contesting attorney's fees. The record of the original hearing is part of
			 the record on the attorney's fee issue. Regardless of the method by which the
			 record is made, the complainant has the burden of persuasion in proving
			 attorney's fees.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 4 - Contested Cases › Rule 161-4.29 - Waiver, Modification of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
By presiding officer.
Upon notice to all parties, the presiding officer may, with respect to matters
			 pending before the presiding officer, modify or waive any rule herein upon a
			 determination that no party will be prejudiced and that the ends of justice
			 will be served.
(2)
By
			 parties.
Unless otherwise precluded by law, the parties in a contested
			 case proceeding may waive any provision of this chapter However, the presiding
			 officer, in the discretion of the presiding officer, may refuse to give effect
			 to such a waiver when the presiding officer deems the waiver to be inconsistent
			 with the public interest.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 4 - Contested Cases › Rule 161-4.30 - Application for Rehearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
By whom filed.
Any party to a contested case proceeding may
			 file an application for rehearing from a final order
(2)
Content of application.
The application for rehearing shall state on whose behalf it is filed, the
			 specific grounds for rehearing, and the relief sought. In addition, the
			 application shall state whether the applicant desires reconsideration of all or
			 part of the agency decision on the existing record and whether, on the basis of
			 the grounds enumerated in rule
			 161-4.21
			 (17A), the applicant requests an opportunity to submit additional
			 evidence.
(3)
Time of
			 filing.
The application shall be filed with the commission at its
			 offices in Des Moines within 20 days after the issuance of the final
			 decision.
(4)
Notice to
			 other parties. A
copy of the application shall be timely mailed by the
			 applicant to all parties of record not joining therein. If the application does
			 not contain a certificate of service, the commission shall serve copies on all
			 parties.
(5)
Disposition.
Any application for a rehearing shall be deemed
			 denied unless the agency grants the application within 20 days after its
			 filing.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 4 - Contested Cases › Rule 161-4.31 - Hearing-other Reasons

Current through Register Vol. 47, No. 3, July 24, 2024
At any other time, the commission, executive director, or
				designee may, at its discretion, convene a hearing: whenever a problem of
				discrimination arises; in order to expedite the disposition of preliminary
				matters in any action before it; or when in the judgment of the commission,
				executive director, or designee, the circumstances warrant.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 4 - Contested Cases › Rule 161-4.32 - Assessment of Costs of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General rule.
If the complainant or the commission prevails in
			 the hearing, the respondent shall pay the "contested case costs" incurred by
			 the commission. If the respondent prevails in the hearing, the commission shall
			 itself bear the "contested case costs" incurred by the commission.
(2)
Mixed results.
Where the
			 complainant or commission is successful as to part of the remedies sought at
			 the hearing and unsuccessful as to part of the remedies, the administrative law
			 judge may recommend an equitable apportionment of "contested case costs"
			 between the commission and the respondent.
(3)
Costs allowable.
The
			 following "contested case costs" and no others will be assessed or apportioned
			 as provided in subrule 4.32(1) or 4.32(2):
a.
			 The daily charge of the court reporter for attending and transcribing the
			 hearing.
b. All mileage charges of
			 the court reporter for traveling to and from the hearing.
c. All travel time charges of the court
			 reporter for traveling to and from the hearing.
d. The cost of the original of the
			 transcripts of the hearing.
e.
			 Postage incurred by the administrative law judge in sending by mail (regular or
			 certified) any papers which are made part of the record.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 6 - Discrimination in Credit › Rule 161-6.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Credit"
means an amount or limit to the
				extent a person may receive goods, services or money for payment in the future,
				and includes but is not limited to, loans for any purpose and in any amount,
				checking accounts, charge accounts, mortgages and other home financing, credit
				cards and credit ratings.
"Credit card"
means a small card (as one
				issued by hotels, restaurants, stores, petroleum companies or banks)
				authorizing the person or company named or its agent to charge goods or
				services or borrow money.
"Credit institution"
means banks, savings and
				loan associations, finance companies, credit departments of all retail
				businesses, credit rating services, credit card issuers, credit bureaus, credit
				unions and all other loan, credit, financing and mortgaging
				institutions.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 6 - Discrimination in Credit › Rule 161-6.2 - Practices Prohibited

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 criteria used to evaluate applicants for credit and the standards necessary to
			 be met by the successful applicants shall be the same regardless of the age,
			 color, creed, national origin, race, religion, marital status, sexual
			 orientation, gender identity, sex or physical disability of the
			 applicant.
(2) No credit
			 institution shall require any information, reference or countersignature of any
			 applicant for credit which would not be required of all applicants, regardless
			 of their age, color, creed, national origin, race, religion, marital status,
			 sex or physical disability.
(3) It
			 shall be an unlawful practice for any credit institution to discount or
			 disregard the earnings or income of a spouse in computing family
			 income.
(4) It shall be an unlawful
			 practice for any credit institution to refuse to loan money or extend credit to
			 a woman solely because she is in the childbearing years or solely because she
			 is divorced, or solely because she is unmarried.
(5) It shall be an unlawful practice for any
			 credit institution to extinguish the established credit of any woman upon her
			 marriage or to require that a new account be opened in the husband's
			 name.
(6) It shall be an unlawful
			 practice for any credit institution to refuse to retain any records of credit
			 transactions in the name of a married woman when she so requests in
			 writing.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 6 - Discrimination in Credit › Rule 161-6.3 - Credit Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
			 credit application or credit interviewer may inquire as to age, disability, sex
			 or marital status provided the inquiry is made in good faith for a
			 nondiscriminatory purpose. Any inquiry which expresses directly or indirectly
			 any limitation, specification, or discrimination as to age, disability, sex or
			 marital status shall be unlawful.
(2) The information required to be given by
			 the applicant for credit should be limited to what is necessary for determining
			 the applicant's financial conditions and prospects for repayment regardless of
			 the applicant's age, color, creed, national origin, race, religion, marital
			 status, sex or physical disability. The consent of a spouse shall not be
			 required where the applicant is otherwise eligible for credit.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 6 - Discrimination in Credit › Rule 161-6.4 - Exceptions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Cosignatures
			 may be required of a married couple intending to establish a joint account with
			 the company or business issuing the credit card.
(2) The exception for cosignatures is
			 limited, and the issuer should presume the applicant is seeking a credit card
			 in the applicant's own name regardless of the marital status of the
			 applicant.
(3) These rules shall
			 not prohibit any party to a credit transaction from considering the application
			 to the particular case of Iowa law on dower, title, descent, and distribution,
			 or from taking constructive action thereon.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 8 - Discrimination in Employment › Rule 161-8.16 - Bona Fide Apprenticeship Programs

Current through Register Vol. 47, No. 3, July 24, 2024
Where an age limit is placed upon entrance into an
				apprenticeship program, the limitation shall not be a violation of Iowa Code
				chapter 216 where the employer can demonstrate a legitimate economic interest
				in the limitation in terms of the length of the training period and the costs
				involved in providing the training. The age limit shall not be set any lower
				than reasonably necessary to enable the employer to recover the costs of
				training the employee and a reasonable profit.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 8 - Discrimination in Employment › Rule 161-8.17 - Employment Benefits

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An employer
			 is not required to provide the same pension, retirement, or insurance benefits
			 to all employees where the cost varies with the age of the individual employee.
			 Business necessity or bona fide underwriting criteria shall be the only basis
			 used by employers for providing different benefits to employees of different
			 ages unless the benefits are provided under a retirement plan or benefit system
			 not adopted as a mere subterfuge to evade the purposes of the Act.
(2) The existence of a provision in a
			 retirement plan stating a maximum eligibility age for entrance into a
			 retirement plan shall not authorize rejecting from employment an applicant who
			 is over the maximum eligibility age for the retirement plan.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 8 - Discrimination in Employment › Rule 161-8.18 - Retirement Plans and Benefit Systems

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Commission rules shall not be construed so as to prohibit an employer from
			 retiring an employee, or to require an employer to hire back an employee
			 following retirement, or to hire an applicant for employment whose age is the
			 retirement age under the employer's retirement plan or benefit system, provided
			 that the plan or system is not a mere subterfuge for the purpose of evading the
			 provisions of the Act.
(2) However,
			 a retirement plan or benefit system shall not require the involuntary
			 retirement of a person under the age of 70 because of that person's age, with
			 the following exceptions:
a. Peace officers,
			 in the divisions of highway safety and uniformed force, criminal investigation
			 and bureau of identification, drug law enforcement, beer and liquor law
			 enforcement, police officers, firefighters, and conservation officers, so long
			 as their maximum age by statute is 65 years;
b. Bona fide executives and high policymaking
			 employees who have served in that capacity for the two prior years who are
			 entitled to an immediate, nonforfeitable annual retirement benefit from a
			 pension, profit-sharing, savings or deferred compensation plan of the employer
			 which equals $27,000; and
c. The
			 involuntary retirement of a person covered by collective bargaining agreement
			 which was entered into by a labor organization and was in effect on September
			 1, 1977. This exemption does not apply after termination of that agreement or
			 January 1, 1980, whichever first occurs.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 8 - Discrimination in Employment › Rule 161-8.26 - Disability Discrimination in Employment

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The term "substantially handicapped
			 person" shall mean any person who has a physical or mental impairment which
			 substantially limits one or more major life activities, has a record of such an
			 impairment, or is regarded as having such an impairment.
(2) The term "physical or mental impairment"
			 means:
a. Any physiological disorder or
			 condition, cosmetic disfigurement, or anatomical loss affecting one or more of
			 the following body systems: neurological; musculoskeletal; special sense
			 organs; respiratory, including speech organs; cardiovascular; reproductive;
			 digestive; genito-urinary; hemic and lymphatic; skin; and endocrine;
			 or
b. Any mental or psychological
			 disorder, such as mental retardation, organic brain syndrome, emotional or
			 mental illness, and specific learning disabilities.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 8 - Discrimination in Employment › Rule 161-8.27 - Assessment and Placement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If
			 examinations or other assessments are required, they should be directed toward
			 determining whether an applicant for a job:
a.
			 Has the physical and mental ability to perform the duties of the position. An
			 individual applicant would have to identify the position for which the
			 applicant has applied.
b. Is
			 physically and mentally qualified to do the work without adverse consequences
			 such as creating a danger to life or health of coemployees.
c. Is professionally competent or has the
			 necessary skills or ability to become professionally competent to perform the
			 duties and responsibilities which are required by the job.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 8 - Discrimination in Employment › Rule 161-8.28 - Disabilities Arising During Employment

Current through Register Vol. 47, No. 3, July 24, 2024
When an individual becomes disabled, from whatever cause,
				during a term of employment, the employer shall make every reasonable effort to
				continue the individual in the same position or to retain and reassign the
				employee and to assist that individual's rehabilitation. No terms in this rule
				shall be construed to mean that the employer must erect a training and skills
				center.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 8 - Discrimination in Employment › Rule 161-8.29 - Wages and Benefits

Current through Register Vol. 47, No. 3, July 24, 2024
(1) While
			 employers may reengineer the conditions of work for the disabled person, the
			 salary paid to the person shall be no lower than the lowest listed on the
			 applicable wage grade schedule.
(2)
			 The wage schedule must be unrelated to the existence of physical or mental
			 disabilities.
(3) It shall be an
			 unfair employment practice for an employer to discriminate between persons who
			 are disabled and those who are not, with regard to fringe benefits, unless
			 there are bona fide underwriting criteria.
(4) A condition of disability shall not
			 constitute a bona fide underwriting criteria in and of itself
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 8 - Discrimination in Employment › Rule 161-8.30 - Job Policies

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Written
			 personnel policies relating to this subject area must expressly indicate that
			 there shall be no discrimination against employees on account of
			 disability.
(2) If the employer
			 deals with a bargaining representative for the employees and there is a written
			 agreement on conditions of employment, it shall not be inconsistent with these
			 guidelines.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 8 - Discrimination in Employment › Rule 161-8.31 - Recruitment and Advertisement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) It
			 shall be an unfair employment practice for any employer to print or circulate
			 or cause to be printed or circulated any statement, advertisement, or
			 publication or to use any form of application preemployment inquiry regarding
			 mental or physical disability for prospective employment which is not a bona
			 fide occupational qualification for employment and which directly or indirectly
			 expresses any negative limitations, specifications, or discrimination as to
			 persons with physical or mental disabilities. The burden shall be on the
			 employer to demonstrate that the statement, advertisement, publication or
			 inquiry is based upon a bona fide occupational qualification. This is subject,
			 however, to the provisions of Iowa Code section
			 216.6(1)
			  "c. "
(2) It shall be an unfair employment practice
			 to ask any question on the employment application form regarding a physical or
			 mental disability unless the question is based upon a bona fide occupational
			 qualification. The burden will be on the employer to demonstrate that the
			 question is based upon a bona fide occupational qualification.
(3) An employment interviewer may inquire as
			 to a physical or mental disability provided the inquiry is made in good faith
			 for a nondiscriminatory purpose.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 8 - Discrimination in Employment › Rule 161-8.32 - Bona Fide Occupational Qualifications

Current through Register Vol. 47, No. 3, July 24, 2024
(1) It shall be lawful for an employer,
			 employment agency, or labor organization to take any action otherwise
			 prohibited under these rules where mental or physical ability is a bona fide
			 occupational qualification reasonably necessary to the normal operation of the
			 particular business.
(2) The
			 concept of the bona fide occupational qualification is narrow in scope and will
			 not be applied to include the mere preference or convenience of the
			 employer
(3) Physical or mental
			 disability requirements set by federal or state statute or regulatory agency
			 shall be considered to be bona fide occupational qualifications where the
			 requirements are necessarily related to the work which the employee must
			 perform.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 8 - Discrimination in Employment › Rule 161-8.47 - Sex as a Bona Fide Occupational Qualification

Current through Register Vol. 47, No. 3, July 24, 2024
The bona fide occupational qualification exception as to sex
				is strictly and narrowly construed. Labels-"men's jobs" and "women's jobs"-tend
				to unnecessarily deny employment opportunities to one sex or the other.
(1) The following situations do not warrant a
			 bona fide occupational qualification exception:
a. The refusal to hire an individual because
			 of gender, based on assumptions of the comparative employment characteristics
			 of that gender in general;
b. The
			 refusal to hire an individual based on stereotypical characterizations of the
			 sexes, for example, that men are less capable of assembling intricate equipment
			 or that women are less capable of aggressive sales work. The principle of
			 nondiscrimination requires that individuals be considered on the basis of
			 individual capacities and not on the basis of any characteristics generally
			 attributed to the group;
c. The
			 refusal to hire an individual because of the preferences of coworkers, the
			 employer, clients or customers, except as covered specifically in
			 8.47(2).
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 8 - Discrimination in Employment › Rule 161-8.48 - Recruitment and Advertising

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Employers engaged in recruiting activity must recruit employees of both sexes
			 for all jobs unless sex is a bona fide occupational qualification.
(2) Advertisement in newspapers and other
			 media for employment must not express a sex preference unless sex is a bona
			 fide occupational qualification. The placement of an advertisement in columns
			 headed "male" or "female" will be considered an expression of a preference,
			 limitation, specification or discrimination based on sex.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 8 - Discrimination in Employment › Rule 161-8.49 - Employment Agencies

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Iowa Code
			 sections
			 216.6(1)
"a"
and
"c"
specifically state that it shall be unlawful for an employment agency to
			 discriminate against any individual because of sex. Private employment agencies
			 which deal exclusively with one sex are engaged in an unlawful employment
			 practice, except to the extent that agencies limit their services to furnishing
			 employees for particular jobs for which sex is a bona fide occupational
			 qualification.
(2) An employment
			 agency that receives a job order containing an unlawful sex specification will
			 share responsibility with the employer placing the job order if the agency
			 fills the order knowing that the sex specification is not based upon a bona
			 fide occupational qualification. However, an employment agency is not in
			 violation of the law, regardless of the determination as to the employer, if
			 the agency does not have reason to believe that the employer's claim of bona
			 fide occupational qualification is without substance and the agency makes and
			 maintains a written record available to the commission of each job order The
			 record shall include the name of the employer, the description of the job and
			 the basis for the employer's claim of bona fide occupational
			 qualification.
(3) It is the
			 responsibility of employment agencies to keep informed of opinions and
			 decisions of the commission on sex discrimination.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 8 - Discrimination in Employment › Rule 161-8.50 - Preemployment Inquiries as to Sex

Current through Register Vol. 47, No. 3, July 24, 2024
A preemployment inquiry may ask "male..., female...,"; or "Mr,
				Mrs., Miss" provided that the inquiry is made in good faith for a
				nondiscriminatory purpose. Any preemployment inquiry which expresses directly
				or indirectly a limitation, specification, or discrimination as to sex shall be
				unlawful unless based upon a bona fide occupational
				qualification.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 8 - Discrimination in Employment › Rule 161-8.51 - Job Policies and Practices

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Written personnel policies relating to
			 this subject area must expressly indicate that there shall be no discrimination
			 against employees on account of sex. If the employer deals with a bargaining
			 representative for the employer's employees and there is a written agreement on
			 conditions of employment, the agreement shall not be inconsistent with these
			 guidelines.
(2) Employees of both
			 sexes shall have an equal opportunity to any available job that the employee is
			 qualified to perform, unless sex is a bona fide occupational
			 qualification.
(3) No employer
			 shall make any distinction based upon sex in employment opportunities, wages,
			 hours, or other conditions of employment. In the area of employer contributions
			 for insurance, pensions, welfare programs and other similar "fringe benefits"
			 the employer will not violate these guidelines if the employer's contributions
			 are the same for both sexes or if the resulting benefits are equal.
(4) Any distinction between married and
			 unmarried persons of one sex that is not made between married and unmarried
			 persons of the opposite sex will be considered to be a distinction made on the
			 basis of sex. Similarly, an employer must not deny employment to women with
			 young children unless it has the same exclusionary policies for men; nor
			 terminate an employee of one sex in a particular job classification upon
			 reaching a certain age unless the same rule is applicable to members of the
			 opposite sex.
(5) The employer's
			 policies and practices must ensure appropriate physical facilities to both
			 sexes. The employer may not refuse to hire either sex, or deny either sex a
			 particular job because there are no restroom or associated facilities, unless
			 the employer is able to show that the construction of the facilities would be
			 unreasonable for such reasons as excessive expense or lack of space.
(6) An employer must not deny a female
			 employee the right to any job that she is qualified to perform. For example, an
			 employer's rules cannot bar a woman from a job that would require more than a
			 certain number of hours or from working at jobs that require lifting or
			 carrying more than designated weights.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 8 - Discrimination in Employment › Rule 161-8.52 - Separate Lines of Progression and Seniority Systems

Current through Register Vol. 47, No. 3, July 24, 2024
(1) It is an unlawful employment practice to
			 classify a job as "male" or "female" or to maintain separate lines of
			 progression or separate seniority lists based on sex where this would adversely
			 affect any employee unless sex is a bona fide occupational qualification for
			 that job. Accordingly, employment practices are unlawful which arbitrarily
			 classify jobs so that:
a. A female is
			 prohibited from applying for a job labeled "male," or for a job in a "male"
			 line of progression, and vice versa;
b. A male scheduled for layoff is prohibited
			 from displacing a less senior female on a "female" seniority list; and vice
			 versa.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 8 - Discrimination in Employment › Rule 161-8.53 - Discriminatory Wages

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 employer's wage schedules must not be related to or based on the sex of the
			 employees.
(2) The employer may not
			 discriminatorily restrict one sex to certain job classifications. The employer
			 must take steps to make jobs available to all qualified employees in all
			 classifications without regard to sex.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 8 - Discrimination in Employment › Rule 161-8.54 - Terms and Conditions of Employment

Current through Register Vol. 47, No. 3, July 24, 2024
(1) It shall be an unlawful employment
			 practice for an employer to discriminate between either sex with regard to
			 terms and conditions of employment.
(2) Difference in benefits on a sexual basis.
a. Where an employer conditions benefits
			 available to employees and their spouses and families on whether the employee
			 is the "head of the household" or "principal wage earner" in the family unit,
			 the benefits tend to be available only to male employees and their families.
			 Due to the fact that these conditions discriminatorily affect the rights of
			 women employees, and that "head of household" or "principal wage earner" status
			 bears no relationship to job performance, benefits which are so conditioned
			 will be found to be a prima facie violation of the prohibition against sex
			 discrimination contained in the Act.
b. It shall be an unlawful employment
			 practice for an employer to make available benefits for the wives and families
			 of male employees where the same benefits are not made available for the
			 husbands and families of female employees; or to make available benefits for
			 the wives of male employees which are not made available for female employees;
			 or to make available benefits to the husbands of female employees which are not
			 made available for male employees.
c. It shall not be a defense to a charge of
			 sex discrimination in benefits under Iowa Code chapter 216 that the cost of
			 benefits is greater with respect to one sex than the other
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 8 - Discrimination in Employment › Rule 161-8.55 - Employment Policies Relating to Pregnancy and Childbirth

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A written or unwritten employment policy
			 or practice which excludes from employment applicants or employees because of
			 pregnancy is a prima facie violation of Iowa Code chapter 216, and may be
			 justified only upon showing of business necessity.
(2) Disabilities caused or contributed to by
			 pregnancy, miscarriage, childbirth, and recovery therefrom are, for all
			 job-related purposes, temporary disabilities and should be treated as such
			 under any health or temporary disability insurance or sick leave plan available
			 in connection with employment. Written and unwritten employment policies and
			 practices involving matters such as the commencement and duration of leave, the
			 availability of extensions, the accrual of seniority and other benefits and
			 privileges, reinstatement, and payment under any health or temporary disability
			 insurance or sick leave plan, formal or informal, shall be applied to
			 disability due to pregnancy or childbirth on the same terms and conditions as
			 they are applied to other temporary disabilities.
(3) Disabilities caused or contributed to by
			 legal abortion and recovery are, for all job-related purposes, temporary
			 disabilities and should be treated as such under any temporary disability or
			 sick leave plan available in connection with employment. Written and unwritten
			 employment policies and practices involving matters such as the commencement
			 and duration of leave, the availability of extensions, the accrual of seniority
			 and other benefits and privileges, reinstatement, and payment under any
			 temporary disability insurance or sick leave plan, formal or informal, shall be
			 applied to disability due to legal abortion on the same terms and conditions as
			 they are applied to other temporary disabilities. The employer may elect to
			 exclude health insurance coverage for abortion from a plan provided by the
			 employer, 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.
(4) Where the termination
			 of an employee who is temporarily disabled is caused by an employment policy
			 under which insufficient or no leave is available, the termination violates the
			 Act if it has a disparate impact on employees of one sex and is not justified
			 by a business necessity.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 8 - Discrimination in Employment › Rule 161-8.56 - Cease Use of Sex-segregated Want Ads

Current through Register Vol. 47, No. 3, July 24, 2024
(1) All newspapers within the state of Iowa
			 shall cease to use sex-segregated want ads-e.g., "Male Help Wanted," "Female
			 Help Wanted," and "Male and Female Help Wanted" or "Men-Jobs of Interest,"
			 "Women-Jobs of Interest," and "Men and Women."
(2) Any newspapers failing to comply with
			 8.56(1) shall be deemed in violation of the Act, Iowa Code section
			 216.6,
			 and legal proceedings shall henceforth be initiated against them.
(3) The commission will regard any
			 publication of sex preference for a job to be in violation of the Act and,
			 therefore, suggests that all Iowa newspapers refrain from publishing any sex
			 preference which an employer in its job order may want printed.
(4) The commission suggests that Iowa
			 newspapers, instead of using sex-titled, sex-segregated want ads, use neutral
			 want ads, e.g., "Help Wanted," "Jobs of Interest," "Positions
			 Available."
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 8 - Discrimination in Employment › Rule 161-8.57 - Exception to Ban on Sex-segregated Want Ads

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The commission recognizes that sex may,
			 in very limited circumstances, be a bona fide occupational qualification, e.g.,
			 a woman to be a women's fashion model. Therefore, an employer seeking to place
			 a job order or a want ad which shows sex preference, must, by affidavit, claim
			 that the preference is based upon bona fide occupational
			 qualification.
(2) The affidavit
			 referred to in 8.57(1) must set out the complete basis upon which the employer
			 believes that a person of a particular sex is required for the job the employer
			 wishes to fill. The affidavit must also clearly state that the employer truly
			 believes the sex preference is bona fide and that the employer, and not the
			 newspaper or publisher of the ad, is responsible for the content of the
			 ad.
(3) Any newspaper, or other
			 publisher which prints want ads, can publish a want ad with a sex preference
			 if, and only if, that newspaper or publisher has received from the employer the
			 affidavit referred to in 8.57(1) and 8.57(2). The newspaper or publisher, upon
			 receipt of such affidavit, will submit a copy to the commission.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 9 - Discrimination in Housing › Rule 161-9.1 - Construction of Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Limitation of chapter.
All the rules contained herein apply
			 only to:
a. Complaints which allege a
			 violation of the prohibitions contained in Iowa Code section
			 216.8
			 or
			 216.8A;
b. Complaints which allege a violation of
			 Iowa Code section
			 216.11
			 or
			 216.11A
			 arising out of alleged violations of the prohibitions contained in Iowa Code
			 section
			 216.8
			 or
			 216.8A;
			 and the interpretation of the provisions of the Iowa Code which relate to such
			 complaints or to unfair or discriminatory practices in the area of
			 housing.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 9 - Discrimination in Housing › Rule 161-9.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter, the following definitions shall
				apply:
"Party"
means any complainants and respondents
				involved in the complaint of discrimination under investigation.
"Presiding officer for discovery"
means an
				administrative law judge employed by the department of inspections and appeals
				and assigned to render decisions regarding discovery disputes arising in the
				course of civil rights commission investigations.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 9 - Discrimination in Housing › Rule 161-9.4 - Interpretation of Provisions Affecting Court Actions Regarding Alleged Discriminatory Housing or Real Estate Practices Occurring After July 1, 1991

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time
			 limitation of rule.
This rule applies only to alleged discriminatory
			 housing or real estate practices occurring after July 1, 1991.
(2)
Aggrieved person's direct action
			 in district court.
a.
Filing
			 of complaint not necessary. A
complaint which alleges either (1) a
			 violation of the prohibitions contained in Iowa Code section
			 216.8
			 or
			 216.8A,
			 or (2) a violation of Iowa Code section
			 216.11
			 or
			 216.11A
			 arising out of alleged violations of the prohibitions contained in Iowa Code
			 section
			 216.8
			 or
			 216.8A
			 need not be filed with the commission in order for an aggrieved person to seek
			 judicial remedies for that alleged violation. An aggrieved person may file an
			 action alleging such violations directly in district court pursuant to Iowa
			 Code section
			 216.16A(2).
b.
Effect of commission
			 processing.
(1) In general. The
			 status of commission processing of a complaint alleging a discriminatory
			 housing or real estate practice does not affect the rights of an aggrieved
			 party to file a civil action under Iowa Code section
			 216.16A(2)
			  based on that same or any other alleged
			 discriminatory housing or real estate practice.
(2) Exceptions. Commission processing will
			 bar an aggrieved person from filing a civil action under Iowa Code section
			 216.16A(2)
			  based on an alleged discriminatory housing
			 or real estate practice only where either:
1.
			 The commission has obtained a mediation agreement with the consent of that
			 aggrieved person regarding that alleged discriminatory housing or real estate
			 practice, or
2. The commission has
			 begun a contested case hearing on the record regarding that same alleged
			 discriminatory housing or real estate practice.
c.
Notification of
			 commission.
If a person has filed a complaint alleging a
			 discriminatory housing or real estate practice with the commission and that
			 person subsequently commences a civil action under Iowa Code section
			 216.16A(2)
			  based on that same alleged discriminatory
			 housing or real estate practice, the aggrieved person is encouraged to
			 immediately notify the Iowa civil rights commission of the filing of the civil
			 action.
d.
Remedies.
In an action filed directly in district court
			 pursuant to Iowa Code section
			 216.16A(2),
			 the court may, upon a finding of discrimination, order any of the remedies
			 provided for in Iowa Code section
			 216.17A(6).
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 9 - Discrimination in Housing › Rule 161-9.5 - Commission Procedures Regarding Complaints Based on Alleged Unfair or Discriminatory Practices Occurring After July 1, 1991

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time limitation of rule.
This rule applies only to alleged discriminatory housing or real estate
			 practices occurring after July 1, 1991.
(2)
Time limit for administrative
			 complaint. A
complaint which alleges a discriminatory housing or real
			 estate practice is governed by the 300-day time limit provided in 2009 Iowa
			 Code Supplement section
			 216.15(13).
(3)
Processing of complaint.
a.
Service.
Upon the filing
			 of a complaint:
(1) The commission shall, not
			 later than ten days after such filing or the identification of an additional
			 respondent under 9.5(3)"J," serve on the respondent a notice identifying the
			 alleged discriminatory housing practice and advising the respondent of the
			 procedural rights and obligations of respondents under the applicable sections
			 of Iowa Code chapter 216, together with a copy of the original complaint;
			 and
(2) Each respondent may file,
			 not later than ten days after receipt of notice from the commission, an answer
			 to the complaint.
(3) The
			 commission shall, not later than ten days after the filing of a complaint,
			 serve the complainant a notice acknowledging receipt of the complaint and
			 advising the complainant of the time limits and choice of forums provided under
			 Iowa Code chapter 216.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 9 - Discrimination in Housing › Rule 161-9.6 - Discovery Methods in Cases of Alleged Discrimination in Housing

Current through Register Vol. 47, No. 3, July 24, 2024
(1) When investigating a complaint of alleged
			 discriminatory housing or real estate practices, the commission may, in
			 addition to any other method of investigation authorized by law, obtain
			 discovery by one or more of the following methods: depositions upon oral
			 examination or written questions; written interrogatories; production of
			 documents or things or permission to enter upon land or other property, for
			 inspection and other purposes; physical and mental examinations; and requests
			 for admission.
(2) The rules
			 providing for discovery and inspection in this chapter shall be liberally
			 construed and shall be enforced to provide the commission with access to all
			 relevant facts. Discovery shall be conducted in good faith, and responses to
			 discovery requests, however made, shall fairly address and meet the substance
			 of the request.
(3) Notice of
			 person's rights in the discovery process shall be given to the person from whom
			 discovery is sought. This notice is sufficient if it sets out in brief the
			 person's rights under these rules: to object to the discovery method; to seek a
			 protective order; and to legal counsel.
(4) A rule in this chapter requiring a matter
			 to be under oath may be satisfied by an unsworn written statement in
			 substantially the following form: "I certify under penalty of perjury and
			 pursuant to the laws of the state of Iowa that the preceding is true and
			 correct.
_________ ____________________"
Date Signature