Age discrimination - Iowa

Summary of differences between federal and state regulations

Employer defined

“Employer” means the state of Iowa or any political subdivision, board, commission, department, institution, or school district thereof, and every other person employing employees within the state.

The unlawful employment practices do not apply to:

• Any employer who regularly employs less than four individuals. Individuals who are members of the employer’s family are not counted as employees.
• The employment of individuals for work within the home of the employer if the employer or members of the employer’s family reside therein during such employment.
• The employment of individuals to render personal service to the person of the employer or members of the employer’s family.

Unlawful employment practices

The unlawful employment practices and exemptions are similar to those under the federal Age Discrimination in Employment Act. For example, the state law includes provisions for bona fide occupational qualifications and seniority systems.

Any person who has reached 18 years of age may not be excluded from an employment right because of an arbitrary age limitation, regardless of whether the person is excluded by reason of excessive age or insufficient age. This state law not prohibit discrimination on the basis of age if the person subject to the discrimination is under the age of 18 years, unless that person is considered by law to be an adult. Also, a state or federal program designed to benefit a specific age classification which serves a bona fide public purpose is permissible. Nothing prohibits any inquiry as to whether an applicant is over 18 years of age, nor prohibit post-employment inquiries as to age where the inquiries serve legitimate record–keeping purposes.

This state law does not apply to age discrimination in bona fide apprenticeship employment programs if the employee is over 45 years of age.

Iowa also allows the creation of local laws (i.e. municipalities or other political subdivisions) to enforce the provisions of the Iowa Civil Rights Act.

Recordkeeping

When a complaint or notice of investigation has been served, the respondent must preserve all records relevant to the investigation until the complaint or investigation is finally adjudicated.  This includes, but is not limited to:

• personnel, employment or membership records relating to the complainant and to all other employees, applicants, or members holding or seeking positions similar to that held or sought by the complainant;
• application forms or test papers completed by any unsuccessful applicant and by all other applicants or candidates for the same position or membership; and
• any records which are relevant to the scope of the investigation as defined in the notice or complaint.

Any books, papers, documents, or records of any form which are relevant to the scope of any investigation as defined in the notice or complaint must be preserved throughout any proceedings by all parties unless specifically ordered otherwise.

Posting

The Iowa Civil Rights Commission has a poster regarding equal employment opportunities which includes contact information for employees who feel they’ve been discriminated against.

State

Contact

Civil Rights Commission

Regulations

Iowa Code Title VI, Chapter 216, Civil Rights Commission
https://roar-assets-auto.rbl.ms/documents/64706/216.pdf

Iowa Admin. Code Chapter 161, Civil Rights Commission
https://www.legis.iowa.gov/law/administrativeRules

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

29 CFR Part 1625, Age Discrimination in Employment Act

29 CFR 1626, Procedures — Age Discrimination in Employment Act

29 CFR 1627, Records to be Made or Kept Relating to Age: Notices to be Posted: Administrative Exemptions