Discrimination - Other - Iowa

Summary of differences between federal and state regulations

The federally protected classes in employment discrimination include race, color, religion, national origin, age (40 and over), sex (including pregnancy, sexual orientation, and gender identity), disability, and genetic information.

The main Iowa employment discrimination law is the Iowa Civil Rights Act of 1965 which applies to employers with four or more employees. The law identifies the following protected classes for purposes of unlawful employment discrimination:

• Age (18 and over);
• Race;
• Creed;
• Color;
• Sex;
• Sexual orientation;
• Gender identity;
• National origin;
• Religion;
• Disability, if the disabled person is qualified to perform the occupation; and
• Retaliation.

Iowa also regulates discrimination on the basis of genetic information. In addition, employers are prohibited from testing for the human immunodeficiency virus (HIV).

The main Iowa employment discrimination law is the Iowa Civil Rights Act of 1965 which applies to employers with four or more employees.

Terms defined

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

"Sexual orientation" includes actual or perceived heterosexuality, homosexuality, or bisexuality.

"Gender identity" means the gender-related identity of the person, regardless of the person’s assigned sex at birth.

"Disability" includes a physical or mental condition which constitutes a substantial disability, a positive HIV test, or a diagnosis of acquired immune deficiency syndrome (AIDS).

Genetic information discrimination

An employer, employment agency, labor organization, licensing agency, or its employees, agents, or members must not:

• Solicit, require, or administer a genetic test as a condition of employment, pre-employment application, labor organization membership, or licensure; or
• Affect the terms, conditions, or privileges of employment, pre-employment application, labor organization membership, or licensure, or terminate the employment, labor organization membership, or licensure of any person who obtains a genetic test.

A person shall not obtain genetic information or samples for genetic testing from an individual without first obtaining informed and written consent from the individual or the individual's authorized representative. A person shall not perform genetic testing of an individual or collect, retain, transmit, or use genetic information without the informed and written consent of the individual or the individual's authorized representative. The law provides exceptions as allowed by federal law, and for limited cases such as use in criminal investigations, to establish parental identity, and for medical research.

With respect to health insurance, a third-party administrator or health insurer shall not release genetic information pertaining to an individual without prior written authorization of the individual. Written authorization shall be required for each disclosure and shall include the person to whom the disclosure is being made. The law provides exceptions for things such as research, criminal investigations, and paternity testing.

With respect to health insurance, a health insurer shall not discriminate against an individual or a member of the individual's family on the basis of genetic information or genetic testing. This law does not require a health insurer to provide particular benefits other than those provided under the terms of the health insurer's plan or coverage. With respect to health insurance, a health insurer shall not consider a genetic propensity, susceptibility, or carrier status as a preexisting condition for the purpose of limiting or excluding benefits, establishing rates, or providing coverage. A health insurer shall not use genetic information or genetic testing for underwriting health insurance in the individual and group markets.

An agreement offering a person employment, labor organization membership, licensure, or any pay or benefit in return for taking a genetic test is prohibited. This does not prohibit the genetic testing of an employee who requests a genetic test and who provides written and informed consent to taking a genetic test for any of the following purposes:

• Investigating a workers’ compensation claim; or
• Determining the employee’s susceptibility or level of exposure to potentially toxic chemicals or potentially toxic substances in the workplace, if the employer does not terminate the employee, or take any other action that adversely affects any term, condition, or privilege of the employee’s employment as a result of the genetic test.

HIV discrimination

• It is discriminatory for any person to solicit or require, as a condition of employment:
• A test for the presence of the antibody to HIV; or

Affect the terms, conditions, or privileges of employment or terminate employment solely as a result of the employee obtaining a test for the presence of the antibody to HIV.

An agreement concerning employment, pay, or benefits in return for taking a test for the presence of the HIV antibody is prohibited.

These prohibitions do not apply if the state epidemiologist determines (and the director of public health declares) that a person with a condition related to acquired immune deficiency syndrome poses a significant risk of transmission of HIV to other persons in a specific occupation.

Retaliation

Under Iowa law, employers must not, because of an employee’s service as a witness in a criminal proceeding:

• Discharge an employee,
• Take or fail to take action regarding an employee's promotion or proposed promotion, or
• Take action to reduce an employee's wages or benefits for actual time worked.

In addition, employers may not take such action against an employee who serves as a plaintiff, defendant, or witness in a civil proceeding under Chapter 236 (the Domestic Abuse Act).

Employees whose employer violates this rule are entitled to recover damages from the employer. Damages recoverable include, but are not limited to, actual damages, court costs, and reasonable attorney fees. The employee may also petition the court for imposition of a cease and desist order against the person's employer and for reinstatement to the person's previous position of employment.

State

Related information

Protected classes ezExplanation

Contacts

Civil Rights Commission

Criminal proceedings
Iowa Attorney General

Regulations

Iowa Code Title XVI, Chapter 729, Section 729.6, Genetic Testing

Iowa Code Chapter 216, Section 216.6, Unfair employment practices

Iowa Code Chapter 216, Section 216.2, Definitions

Iowa Code Chapter 915, Section 915.23, Employment discrimination against witnesses prohibited

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

See applicable discrimination topic.