['Discrimination']
['Pregnancy Discrimination']
06/10/2024
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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 Pregnancy Discrimination Act. For example, disabilities caused or contributed to by pregnancy or related conditions must be treated the same as any other disability for purposes of leave and so on.
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 Iowa Civil Rights Act if it has a disparate impact on employees of one sex and is not justified by a business necessity.
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
Regulations
Iowa Code Title VI, Chapter 216, Civil Rights Commission
Iowa Administrative Code Chapter 161, Civil Rights Commission
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
29 CFR Parts 1604.10, Employment policies relating to pregnancy and childbirth.
Appendix A to Part 1604, Questions and Answers on the Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
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