Gender 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 Guidelines on Discrimination Because of Sex. For example, the state law includes provisions for bona fide occupational qualifications.

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.

Advertising

All newspapers within the state of Iowa must not use sex–segregated want ads—e.g., “Male Help Wanted,” “Female Help Wanted” or “Men—Jobs of Interest,” “Women—Jobs of Interest.” The Civil Rights Commission will regard any publication of sex preference for a job to be a violation and suggests that all Iowa newspapers refrain from publishing any sex preference which an employer may want printed. Instead of using sex–titled, sex–segregated want ads, use neutral want ads, e.g., “Help Wanted,” “Jobs of Interest,” “Positions Available.”

The Civil Rights 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. The affidavit 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.

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 as described above. The newspaper or publisher, upon receipt of such affidavit, will submit a copy to the Civil Rights Commission.

Employment agencies

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, 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 Civil Rights Commission of each job order. The record must include the name of the employer, the description of the job, and the basis for the employer’s claim of bona fide occupational qualification.

It is the responsibility of employment agencies to keep informed of opinions and decisions of the Civil Rights Commission on sex discrimination.

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

Iowa Admin. Code Chapter 161, Civil Rights Commission

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

29 CFR Part 1604, Guidelines on Discrimination Because of Sex