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General Questions

Employment Questions
Q: What is discrimination under the Iowa Civil Rights Act?
A: Discrimination is the unfair treatment of an individual because of a personal characteristic as described in the Act.

Q: What areas are covered under the Iowa Civil Rights Act for discrimination?
A: The Act covers discrimination in Employment, Housing, Public Accommodations, Credit, and Education.

Q: What personal traits or characteristics are protected from discrimination?
A: The following personal characteristics are protected in all five areas: race, color, creed, sex, sexual orientation, gender identity, religion, national origin, physical disability, and mental disability. Age is protected in employment, and credit. Familial status is protected in housing and credit. Marital status is protected only in credit. There is an additional characteristic, retaliation, which is protected in all five areas. Pregnancy is covered in all five areas.

Q: Is there any time limit to file a complaint?
A: Yes. You have 300 days from the date that you first found out about the discriminatory incident to file with the Iowa Civil Rights Commission. Your case will also be filed with EEOC or HUD, if these federal laws apply to your case. EEOC has a time limit of 300 days from the date of the discriminatory incident; HUD has a one-year time limit from the date of the discriminatory incident. In housing only, you can directly file in court with an attorney; the time limit to file directly in court is two years from the date that you first found out about the discriminatory incident.

Q: I already have an attorney. Do I need to file with the Iowa Civil Rights Commission in order to bring suit in District Court?
A: Yes. For all areas, except Housing, you must first file with the Iowa Civil Rights Commission. After leaving your complaint on file for 60 days, you may request a "right-to-sue letter" and take your case directly to court.

Q: Is there ever a time when I would not be eligible to receive a "right-to-sue" letter in a case which I have filed?
A: Yes. The Administrative Rules provide that a right-to-sue will not be issued in any of the following situations:
  • After a finding of "no probable cause" has been made by the Administrative Law Judge.
  • After a conciliation agreement has been reached between the parties.
  • After a notice of public hearing has been served by the Commission.
  • More than two years have passed since a case has been closed administratively.
  • A finding of "not timely filed" or "no jurisdiction" has been made by the Administrative Law Judge.

Employment Questions

Q: I have a small company. Is it subject to the Iowa Civil Rights Act of 1965?
A: In the area of Employment, if you have 4 or more employees, your business comes under the Iowa Civil Rights Act.

Q: What disabilities are covered by the Iowa Civil Rights Act?
A: A disability is covered if it meets all three of the following:

1. an impairment

2. which substantially limits, or is perceived as substantially limiting

3. a major life activity (such as walking, talking, learning, etc.)


Q: I feel I need an accommodation to continue my employment. What should I do?
A: If you need an accommodation, you may make that request of your employer to provide it. It is best to put your request in writing.

Q: Are there some cases where an employer would not have to provide an accommodation?
A: Yes. If the accommodation would be an "undue hardship" on the company. There are many factors which may contribute to the determination of whether an accommodation presents an "undue hardship" on a company.

Q: Is pregnancy covered under the Iowa Civil Rights Act?
A: Yes. Pregnancy is considered a temporary disability. Pregnant employees are entitled to the same benefits as other temporarily disabled employees. The Iowa Civil Rights Act requires that employers provide up to eight weeks of leave for their employees who are disabled by their pregnancy. See Iowa Code 216.6(2).

Q: What is harassment?
A: Harassing conduct is a form of discrimination. Harassment is behavior which has the effect of humiliating, intimidating, or coercing someone through personal attack. It is behavior that will make someone uncomfortable or embarrassed, and cause emotional distress. It frequently occurs when one person wants to exert power or control over another person.

Q: What is the definition of harassing conduct?
A: There are two types of harassing conduct. The first type is "environmental" or "hostile environment". The general definition of hostile environment is as follows: unwelcome conduct based on a protected characteristic which creates a hostile or abusive work environment.

The second type of harassing conduct is based on sex. It is called "quid pro quo" which means "this for that". The definition for quid pro quo harassment is as follows: unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct where

  • submission to such conduct is made an implicit or explicit condition of an individual's employment, housing, public accommodations, etc., or
  • submission or rejection of such conduct affects the employment/housing/public accommodations opportunities.


Q: May individuals be liable as well as companies for harassing conduct?
A: Individuals may be named in a complaint and held liable for their conduct which falls outside the bounds of the Iowa Civil Rights Act. Businesses may be liable for the acts of their employees which fall outside the Iowa Civil Rights Act under certain circumstances.

Q: How can my business avoid liability for discrimination and/or harassing conduct?
A: (1) Have an anti-discrimination/harassment policy which includes a reasonable method of lodging complaints. (2) Make sure that all your employees are acquainted with the policy and procedure for lodging complaints. (3) Take any complaints which are lodged within the company seriously. (4) Appropriately enforce the policy. (5) Provide training for all employees about harassing conduct and discrimination.

Q: What is constructive discharge?
A: Constructive discharge occurs when someone quits their job because the work situation got so bad (intolerable) that he/she had to leave.

Q: People quit their jobs all the time because they don't like them. Does that mean that companies are breaking the law?
A: In order for a constructive discharge to be unlawful under civil rights law, the work environment must be intolerable because of unlawful basis discrimination. Many people hate their jobs because they have a bad boss, but those people are not justified in quitting unless:

  1. they are a victim of unlawful basis discrimination,
  2. they are a victim of unlawful harassment, or,
  3. the work environment is "poisoned" by other discrimination where the person wanting to quit is not the direct victim.

Constructive discharge claims are often linked with a harassment claim. Constructive discharge always will have a preceding claim of some sort of discrimination.

Q: What is unlawful retaliation under the Iowa Civil Rights Act?
A: Retaliation occurs when an employee

  1. participates in a civil rights investigation, either by filing a complaint or by giving information as a witness,
  2. opposes an unlawful discriminatory act, or,
  3. obeys the Iowa Civil Rights Act,

and the employer then adversely affects the employee's work relationship (such as, termination, demotion, or other conduct negatively impacting the employee's work relationship.)


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