Religious 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.
• Any bona fide religious institution or its educational facility, association, corporation, or society with respect to any qualifications for employment based on religion when such qualifications are related to a bona fide religious purpose. A religious qualification for instructional personnel or an administrative officer, serving in a supervisory capacity of a bona fide religious educational facility or religious institution, is presumed to be a bona fide occupational qualification.

Unlawful employment practices

The unlawful employment practices and exemptions are similar to those under the federal Guidelines on Discrimination Because of Religion. For example, the state law includes provisions for reasonable accommodations unless those accommodations would cause undue hardship.

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

Iowa Civil Rights Commission

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

29 CFR Part 1605, Guidelines on Discrimination Because of Religion