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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 Guidelines on Discrimination Because of Sex. The state law only mentions sexual harassment with regard to the discovery process and admissibility of previous sexual history. However, the Iowa Civil Rights Commission considers sexual harassment to be a form of discrimination, and uses the sexual harassment regulations of the Equal Employment Opportunity Commission.
Individuals may be named in a complaint and held liable for their conduct. Businesses may be liable for the acts of their employees which fall outside the Iowa Civil Rights Act under certain circumstances.
The Iowa Civil Rights Commission recommends that employers:
- Have an anti-discrimination/harassment policy which includes a reasonable method of lodging complaints;
- Make sure that all employees are acquainted with the policy and procedure for lodging complaints;
- Take any complaints which are lodged within the company seriously;
- Appropriately enforce the policy; and
- Provide training for all employees about harassing conduct and discrimination.
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 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