Federal & State Regulations | Disability discrimination - Iowa

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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 Americans With Disabilities Act. For example, the state law includes provisions for bona fide occupational qualifications and reasonable accommodations.

A physical or mental impairment includes:

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
Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

After a person with a disability is employed, the employer is not required to promote or transfer the person to another job or occupation, unless, prior to the transfer, the person with the disability, by training or experience, is qualified for the job or occupation. Any collective bargaining agreement between an employer and labor organization must contain this section of law (Iowa Code 216.14) as part of the agreement.

When an individual becomes disabled, from whatever cause, during a term of employment, the employer must 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. However, the employer need not erect a training and skills center.

While employers may reengineer the conditions of work for the disabled person, the salary paid to the person must be no lower than the lowest listed on the applicable wage grade schedule. The wage schedule must be unrelated to the existence of physical or mental disabilities.

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.