Iowa Civil Rights Act (1965)

216.1 Citation.

This chapter may be known and may be cited as the "Iowa Civil Rights Act of 1965". . . .

216.6 Unfair employment practices.

1. It shall be an unfair or discriminatory practice for any:

     a. Person to refuse to hire, accept, register, classify, or refer for employment, to discharge any employee, or to otherwise discriminate in employment against any applicant for employment or any employee because of the age, race, creed, color, sex, sexual orientation, national origin, religion, or disability of such applicant or employee, unless based upon the nature of the occupation. If a person with a disability is qualified to perform a particular occupation, by reason of training or experience, the nature of that occupation shall not be the basis for exception to the unfair or discriminatory practices prohibited by this subsection.

     b. Labor organization or the employees, agents, or members thereof to refuse to admit to membership any applicant, to expel any member, or to otherwise discriminate against any applicant for membership or any member in the privileges, rights, or benefits of such membership because of the age, race, creed, color, sex, sexual orientation, national origin, religion, or disability of such applicant or member.

     c. Employer, employment agency, labor organization, or the employees, agents, or members thereof to directly or indirectly advertise or in any other manner indicate or publicize that individuals of any particular age, race, creed, color, sex, sexual orientation, national origin, religion, or disability are unwelcome, objectionable, not acceptable, or not solicited for employment or membership unless based on the nature of the occupation.

          (1) If a person with a disability is qualified to perform a particular occupation by reason of training or experience, the nature of that occupation shall not be the basis for exception to the unfair or discriminatory practices prohibited by this subsection.

          (2) An employer, employment agency, or their employees, servants, or agents may offer employment or advertise for employment to only persons with disabilities, when other applicants have available to them other employment compatible with their ability which would not be available to persons with disabilities because of their disabilities. Any such employment or offer of employment shall not discriminate among persons with disabilities on the basis of race, color, creed, sex, sexual orientation, or national origin.

     d. Person to solicit or require as a condition of employment of any employee or prospective employee a test for the presence of the antibody to the human immunodeficiency virus or to affect the terms, conditions, or privileges of employment or terminate the employment of any employee solely as a result of the employee obtaining a test for the presence of the antibody to the human immunodeficiency virus. An agreement between an employer, employment agency, labor organization, or their employees, agents, or members and an employee or prospective employee concerning employment, pay, or benefits to an employee or prospective employee in return for taking a test for the presence of the antibody to the human immunodeficiency virus, is prohibited. The prohibitions of this paragraph do not apply if the state epidemiologist determines and the director of health and human services declares through the utilization of guidelines established by the center for disease control of the United States department of health and human services, that a person with a condition related to acquired immune deficiency syndrome poses a significant risk of transmission of the human immunodeficiency virus to other persons in a specific occupation.

2. Employment policies relating to pregnancy and childbirth shall be governed by the following:

     a. A written or unwritten employment policy or practice which excludes from employment applicants or employees because of the employee’s pregnancy is a prima facie violation of this chapter.

     b. Disabilities caused or contributed to by the employee’s pregnancy, miscarriage, childbirth, and recovery therefrom are, for all job-related purposes, temporary disabilities and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment. Written and unwritten employment policies and practices involving matters such as the commencement and duration of leave, the availability of extensions, the accrual of seniority, and other benefits and privileges, reinstatement, and payment under any health or temporary disability insurance or sick leave plan, formal or informal, shall be applied to a disability due to the employee’s pregnancy or giving birth, on the same terms and conditions as they are applied to other temporary disabilities. 

     c. Disabilities caused or contributed to by legal abortion and recovery therefrom are, for all job-related purposes, temporary disabilities and shall be treated as such under any temporary disability or sick leave plan available in connection with employment. Written and unwritten employment policies and practices involving matters such as the commencement and duration of leave, the availability of extensions, the accrual of seniority, and other benefits and privileges, reinstatement, and payment under any temporary disability insurance or sick leave plan, formal or informal, shall be applied to a disability due to legal abortion on the same terms and conditions as they are applied to other temporary disabilities. The employer may elect to exclude health insurance coverage for abortion froma plan provided by the employer, except where the life of the mother would be endangered if the fetus were carried to term or where medical complications have arisen from an abortion.

     d. An employer shall not terminate the employment of a person disabled by pregnancy because of the employee’s pregnancy. e. Where a leave is not available or a sufficient leave is not available under any health or temporary disability insurance or sick leave plan available in connection with employment, the employer of the pregnant employee shall not refuse to grant to the employee who is disabled by the pregnancy a leave of absence if the leave of absence is for the period that the employee is disabled because of the employee’s pregnancy, childbirth, or related medical conditions, or for eight weeks, whichever is less. However, the employee must provide timely notice of the period of leave requested and the employer must approve any change in the period requested before the change is effective. Before granting the leave of absence, the employer may require that the employee’s disability resulting from pregnancy be verified by medical certification stating that the employee is not able to reasonably perform the duties of employment.

3. This section shall not prohibit discrimination on the basis of age if the person subject to the discrimination is under the age of eighteen years, unless that person is considered by law to be an adult.

4. Notwithstanding the provisions of this section, a state or federal program designed to benefit a specific age classification which serves a bona fide public purpose shall be permissible.

5. This section shall not apply to age discrimination in bona fide apprenticeship employment programs if the employee is over forty-five years of age.

6. This section shall not apply to:

     a. Any employer who regularly employs less than four individuals. For purposes of this subsection, individuals who are members of the employer’s family shall not be counted as employees.

     b. 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.

     c. The employment of individuals to render personal service to the person of the employer or members of the employer’s family.

     d. Any bona fide religious institution or its educational facility, association, corporation, or society with respect to any qualifications for employment based on religion or sexual orientation 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, shall be presumed to be a bona fide occupational qualification. . . .

216.6A Additional unfair or discriminatory practice—wage discrimination in employment.

1. a. The general assembly finds that the practice of discriminating against any employee because of the age, race, creed, color, sex, sexual orientation, national origin, religion, or disability of such employee by paying wages to such employee at a rate less than the rate paid to other employees does all of the following:

          (1) Unjustly discriminates against the person receiving the lesser rate.

          (2) Leads to low employee morale, high turnover, and frequent labor unrest.

          (3) Discourages employees paid at lesser wage rates from training for higher level jobs.

          (4) Curtails employment opportunities, decreases employees’ mobility, and increases labor costs.

          (5) Impairs purchasing power and threatens the maintenance of an adequate standard of living by such employees and their families.

          (6) Prevents optimum utilization of the state’s available labor resources.

          (7) Threatens the well-being of citizens of this state and adversely affects the general welfare.

     b. The general assembly declares that it is the policy of this state to correct and, as rapidly as possible, to eliminate, discriminatory wage practices based on age, race, creed, color, sex, sexual orientation, national origin, religion, and disability.

2. a. It shall be an unfair or discriminatory practice for any employer or agent of any employer to discriminate against any employee because of the age, race, creed, color, sex, sexual orientation, national origin, religion, or disability of such employee by paying wages to such employee at a rate less than the rate paid to other employees who are employed within the same establishment for equal work on jobs, the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. An employer or agent of an employer who is paying wages to an employee at a rate less than the rate paid to other employees in violation of this section shall not remedy the violation by reducing the wage rate of any employee.educing the wage rate of any employee.

     b. For purposes of this subsection, an unfair or discriminatory practice occurs when a discriminatory pay decision or other practice is adopted, when an individual becomes subject to a discriminatory pay decision or other practice, or when an individual is affected by application of a discriminatory pay decision or other practice, including each time wages, benefits, or other compensation is paid, resulting in whole or in part from such a decision or other practice.

3. It shall be an affirmative defense to a claim arising under this section if any of the following applies:

     a. Payment of wages is made pursuant to a seniority system.

     b. Payment of wages is made pursuant to a merit system.

     c. Payment of wages is made pursuant to a system which measures earnings by quantity or quality of production.

     d. Pay differential is based on any other factor other than the age, race, creed, color, sex, sexual orientation, national origin, religion, or disability of such employee.

4. This section shall not apply to any employer who regularly employs less than four individuals. For purposes of this subsection, individuals who are members of the employer’s family shall not be counted as employees.

216.7 Unfair practices—accommodations or services.

1. It shall be an unfair or discriminatory practice for any owner, lessee, sublessee, proprietor, manager, or superintendent of any public accommodation or any agent or employee thereof:

     a. To refuse or deny to any person because of race, creed, color, sex, sexual orientation, national origin, religion, or disability the accommodations, advantages, facilities, services, or privileges thereof, or otherwise to discriminate against any person because of race, creed, color, sex, sexual orientation, national origin, religion, or disability in the furnishing of such accommodations, advantages, facilities, services, or privileges.

     b. To directly or indirectly advertise or in any other manner indicate or publicize that the patronage of persons of any particular race, creed, color, sex, sexual orientation, national origin, religion, or disability is unwelcome, objectionable, not acceptable, or not solicited.

2. This section shall not apply to:

     a. Any bona fide religious institution with respect to any qualifications the institution mayimpose based on religion or sexual orientation when such qualifications are related to a bona fide religious purpose.

     b. The rental or leasing to transient individuals of less than six rooms within a single housing accommodation by the occupant or owner of such housing accommodation if the occupant or owner or members of that person’s family reside therein.

3. This section shall not require any state or local government unit or tax-supported district to provide for sex reassignment surgery or any other cosmetic, reconstructive, or plastic surgery procedure related to transsexualism, hermaphroditism, gender identity disorder, or body dysmorphic disorder.

216.8 Unfair or discriminatory practices—housing.

1. It shall be an unfair or discriminatory practice for any person, owner, or person acting for an owner, of rights to housing or real property, with or without compensation, including but not limited to persons licensed as real estate brokers or salespersons, attorneys, auctioneers, agents or representatives by power of attorney or appointment, or any person acting under court order, deed of trust, or will:

     a. To refuse to sell, rent, lease, assign, sublease, refuse to negotiate, or to otherwise make unavailable, or deny any real property or housing accommodation or part, portion, or interest therein, to any person because of the race, color, creed, sex, sexual orientation, religion, national origin, disability, or familial status of such person.

     b. To discriminate against any person because of the person’s race, color, creed, sex, sexual orientation, religion, national origin, disability, or familial status, in the terms, conditions, or privileges of the sale, rental, lease assignment, or sublease of any real property or housing accommodation or any part, portion, or interest in the real property or housing accommodation or in the provision of services or facilities in connection with the real property or housing accommodation.

     c. To directly or indirectly advertise, or in any other manner indicate or publicize that the purchase, rental, lease, assignment, or sublease of any real property or housing accommodation or any part, portion, or interest therein, by persons of any particular race, color, creed, sex, sexual orientation, religion, national origin, disability, or familial status is unwelcome, objectionable, not acceptable, or not solicited.

     d. To discriminate against the lessee or purchaser of any real property or housing accommodation or part, portion, or interest of the real property or housing accommodation, or against any prospective lessee or purchaser of the property or accommodation, because of the race, color, creed, religion, sex, sexual orientation, disability, age, or national origin of persons who may from time to time be present in or on the lessee’s or owner’s premises for lawful purposes at the invitation of the lessee or owner as friends, guests, visitors, relatives, or in any similar capacity. . . .

216.8A Additional unfair or discriminatory practices—housing.

1. A person shall not induce or attempt to induce another person to sell or rent a dwelling by representations regarding the entry or prospective entry into a neighborhood of a person of a particular race, color, creed, sex, sexual orientation, religion, national origin, disability, or familial status.

2. A person shall not represent to a person of a particular race, color, creed, sex, sexual orientation, religion, national origin, disability, or familial status that a dwelling is not available for inspection, sale, or rental when the dwelling is available for inspection, sale, or rental.

3. a. A person shall not discriminate in the sale or rental or otherwise make unavailable or deny a dwelling to a buyer or renter because of a disability of any of the following persons:

          (1) That buyer or renter.

          (2) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available.

          (3) A person associated with that buyer or renter.

     b. A person shall not discriminate against another person in the terms, conditions, or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection with the dwelling because of a disability of any of the following persons:

          (1) That person.

          (2) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available.

          (3) A person associated with that person.

     c. For the purposes of this subsection only, discrimination includes any of the following circumstances:

          (1) A refusal to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications are necessary to afford the person full enjoyment of the premises. However, it is not discrimination for a landlord, in the case of a rental and where reasonable to do so, to condition permission for a modification on the renter’s agreement to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.

          (2) A refusal to make reasonable accommodations in rules, policies, practices, or services, when the accommodations are necessary to afford the person equal opportunity to use and enjoy a dwelling.

          (3) In connection with the design and construction of covered multifamily dwellings for first occupancy after January 1, 1992, a failure to design and construct those dwellings in a manner that meets the following requirements:

               (a) The public use and common use portions of the dwellings are readily accessible to and usable by persons with disabilities.

               (b) All doors designed to allow passage into and within all premises within the dwellings are sufficiently wide to allow passage by persons with disabilities in wheelchairs.

               (c) All premises within the dwellings contain the following features of adaptive design:

                    (i) An accessible route into and through the dwelling.

                    (ii) Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations.

                    (iii) Reinforcements in bathroom walls to allow later installation of grab bars.

                    (iv) Usable kitchens and bathrooms so that a person in a wheelchair can maneuver about the space.

     d. Compliance with the appropriate requirements of the American national standard for buildings and facilities providing accessibility and usability for persons with disabilities, commonly cited as “ANSI A 117.1”, satisfies the requirements of paragraph “c”, subparagraph (3), subparagraph division (c).

     e. Nothing in this subsection requires that a dwelling be made available to a person whose tenancy would constitute a direct threat to the health or safety of other persons or whose tenancy would result in substantial physical damage to the property of others.

4. a. A person whose business includes engaging in residential real estate related transactions shall not discriminate against a person in making a residential real estate related transaction available or in terms or conditions of a residential real estate related transaction because of race, color, creed, sex, sexual orientation, religion, national origin, disability, or familial status.

     b. For the purpose of this subsection, “residential real estate related transaction” means any of the following:

          (1) To make or purchase loans or provide other financial assistance to purchase, construct, improve, repair, or maintain a dwelling, or to secure residential real estate.

          (2) To sell, broker, or appraise residential real estate.

5. A person shall not deny another person access to, or membership or participation in, a multiple-listing service, real estate brokers’ organization or other service, organization, or facility relating to the business of selling or renting dwellings, or discriminate against a person in terms or conditions of access, membership, or participation in such organization because of race, color, creed, sex, sexual orientation, religion, national origin, disability, or familial status. . . .

216.8B Assistance animals and service animals in housing.

1. For purposes of this section, unless the context otherwise requires:

     a. “Assistance animal” means an animal that qualifies as a reasonable accommodation under the federal Fair Housing Act, 42 U.S.C. §3601 et seq., as amended, or section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. §794, as amended.

     b. “Service animal” means a dog or miniature horse as set forth in the implementing regulations of Tit. II and Tit. III of the federal Americans with Disabilities Act of 1990, 42 U.S.C. §12101 et seq.

2. A person with a disability and a disability-related need for an assistance animal or service animal may request from a landlord to keep an assistance animal or service animal as a reasonable accommodation in housing. Following a request for accommodation, the landlord shall evaluate and respond to the request within a reasonable amount of time.

3. If a person’s disability or disability-related need for an assistance animal is not readily apparent, the landlord may request supporting information that reasonably supports the person’s need for the particular assistance animal being requested. Supporting information may include documentation identified in section 216.8C, subsection 1.

4. An assistance animal or service animal registration of any kind, including but not limited to an identification card, patch, certificate, or similar registration obtained electronically or in person, is not sufficient information to reliably establish that the person has a disability or disability-related need for an assistance animal or service animal.

5. If a person requests to keep more than one assistance animal, the landlord may request information for each assistance animal pursuant to section 216.8C, subsection 1.

6. Unless otherwise prohibited by state or federal law, rule, or regulation, a landlord:

     a. Shall not request information under this section that discloses a diagnosis or severity of a person’s disability or any medical records relating to the disability, but a person with a disability or legal guardian may voluntarily disclose such information or medical records to the landlord at the discretion of the person with the disability or such person’s legal guardian.

     b. Shall make reasonable accommodations in the landlord’s rules, policies, practices, and services normally required for pets, for the assistance animal or service animal of a person with a disability when the accommodations are necessary to afford the person equal opportunity to use and enjoy a dwelling.

     c. May deny a request for an accommodation for an assistance animal or service animal if any of the following are true:

          (1) Providing the accommodation would impose an undue financial and administrative hardship on the landlord.

          (2) Providing the accommodation would fundamentally alter the nature of the landlord’s operations.

          (3) The assistance animal or service animal would do any of the following:

               (a) Pose a direct threat to the safety or health of others that cannot be reduced or eliminated by a reasonable accommodation.

               (b) Cause substantial physical damage to the property of others that cannot be reduced or eliminated by a reasonable accommodation.

          (4) Providing the accommodation is not otherwise reasonable.

d. May require proof of compliance with state and local licensure and vaccination requirements for each assistance animal or service animal.

e. Shall provide a written determination regarding the person’s request for an assistance animal.

7. A tenant with a disability and a disability-related need for an assistance animal shall, upon receipt of a request for documentation for an accommodation for an assistance animal consistent with this section, provide that landlord with the documentation requested for a determination on the accommodation request.

8. A tenant with a disability and a disability-related need for an assistance animal or service animal shall be liable for any damage done by the tenant’s assistance animal or service animal to the leased premises, the landlord’s property, or any other person’s property, or to another person on the leased premises, the landlord’s property, or any other person’s property, as well as any applicable remedies available pursuant to chapter 562A or chapter 562B.

9. This section does not limit the means by which a person with a disability may demonstrate, pursuant to state or federal law, that the person has a disability or that the person has a disability-related need for an assistance animal or service animal.

10. This section shall not be construed to restrict existing federal law related to a person’s right to a reasonable accommodation and equal access to housing, including but not limited to the federal Fair Housing Act. . . .

216.8C Finding of disability and need for an assistance animal in housing.

1. Upon a request for documentation pursuant to section 216.8B, subsection 3, a licensee under chapter 148, 148C, 152, 154B, 154C, or 154D, or a licensee of another state who is licensed under a similar law and who is in good standing with that state, shall make a written finding that includes all of the following:

     a. Whether the patient or client has a disability.

     b. Whether the patient has a disability-related need for an assistance animal.

     c. The particular assistance provided by the assistance animal, if any.

     d. Certification whether the provider-patient relationship has existed, in person or via telehealth, for at least thirty days between the licensee and the patient or client.

     e. Certification whether the licensee is familiar with the person and the disability prior to providing the written finding.

     f. The date the finding was issued by the licensee and the date the finding will expire.

     g. The license number and type of license held by the licensee.

     h. Whether the licensee received a separate or additional fee or other form of compensation solely in exchange for making the written finding required under this section.

2. The written finding must be made within twelve months of the start of a rental agreement and is valid for a period of twelve months or the term of the rental agreement, whichever is greater. . . 

6. This section does not limit the means by which a person with a disability may demonstrate, pursuant to state or federal law, that the person has a disability or that the person has a disability-related need for an assistance animal. . . .

216.9 Unfair or discriminatory practices—education.

1. It is an unfair or discriminatory practice for any educational institution to discriminate on the basis of race, creed, color, sex, sexual orientation, national origin, religion, or disability in any program or activity. Such discriminatory practices shall include but not be limited to the following practices:

     a. Exclusion of a person or persons from participation in, denial of the benefits of, or subjection to discrimination in any academic, extracurricular, research, occupational training, or other program or activity except athletic programs;

     b. Denial of comparable opportunity in intramural and interscholastic athletic programs;

     c. Discrimination among persons in employment and the conditions of employment;

     d. On the basis of sex, the application of any rule concerning the actual or potential parental, family or marital status of a person, or the exclusion of any person from any program or activity or employment because of pregnancy or related conditions dependent upon the physician’s diagnosis and certification.

2. For the purpose of this section, “educational institution” includes any preschool, elementary or secondary school, community college, area education agency, or postsecondary college or university and their governing boards. This section does not prohibit an educational institution from maintaining separate toilet facilities, locker rooms, or living facilities for the different sexes so long as comparable facilities are provided. Nothing in this section shall be construed as prohibiting any bona fide religious institution from imposing qualifications based on religion or sexual orientation when such qualifications are related to a bona fide religious purpose or any institution from admitting students of only one sex.

216.9A Single and multiple occupancy restrooms or changing areas in schools—use by persons of same biological sex.

It shall not be an unfair or discriminatory practice for a school to require a single or multiple occupancy restroom or changing area to be designated only for and used by persons of the same biological sex as provided in section 280.33. It shall not be an unfair or discriminatory practice to prohibit a person from using a single or multiple occupancy restroom or changing area that does not correspond with the person’s biological sex as provided in section 280.33. . . .

216.12 Exceptions.

1. The provisions of sections 216.8 and 216.8A shall not apply to:

     a. Any bona fide religious institution with respect to any qualifications it may impose based on religion or sexual orientation when the qualifications are related to a bona fide religious purpose, unless the religious institution owns or operates property for a commercial purpose or membership in the religion is restricted on account of race, color, or national origin.

     b. The rental or leasing of a dwelling in a building which contains housing accommodations for not more than two families living independently of each other, if the owner resides in one of the housing accommodations.

     c. The rental or leasing of less than four rooms within a single dwelling by the occupant or owner of the dwelling, if the occupant or owner resides in the dwelling.

     d. Discrimination on the basis of familial status involving dwellings provided under any state or federal program specifically designed and operated to assist elderly persons, as defined in the state or federal program that the agency determines to be consistent with determinations made by the United States secretary of housing and urban development, and housing for older persons. As used in this paragraph, “housing for older persons” means housing communities consisting of dwellings intended for either of the following:

          (1) For eighty percent occupancy by at least one person fifty-five years of age or older per unit, and providing significant facilities and services specifically designed to meet the physical or social needs of the persons and the housing facility must publish and adhere to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons fifty-five years of age or older.

          (2) For and occupied solely by persons sixty-two years of age or older.

     e. The rental or leasing of a housing accommodation in a building which contains housing accommodations for not more than four families living independently of each other, if the owner resides in one of the housing accommodations for which the owner qualifies for the homestead tax credit under section 425.1.

     f. Discrimination on the basis of sex involving the rental, leasing, or subleasing of a dwelling within which residents of both sexes would be forced to share a living area.

2. The exceptions to the requirements of sections 216.8 and 216.8A provided for dwellings specified in subsection 1, paragraphs “b”, “c”, and “e”, do not apply to advertising related to those dwellings. . . .

216.12A Additional housing exception.

Sections 216.8 and 216.8A do not prohibit a person engaged in the business of furnishing appraisals of real estate from taking into consideration factors other than race, color, creed, sex, sexual orientation, religion, national origin, disability, or familial status in appraising real estate.

216.13 Exceptions for retirement plans, abortion coverage, life, disability, and health benefits.

The provisions of this chapter relating to discrimination because of age do not apply to a retirement plan or benefit system of an employer unless the plan or system is a mere subterfuge adopted for the purpose of evading this chapter.

1. However, a retirement plan or benefit system shall not require the involuntary retirement of a person under the age of seventy because of that person’s age. This subsection does not prohibit the involuntary retirement of a person who has attained the age of sixty-five and has for the two prior years been employed in a bona fide executive or high policymaking position and who is entitled to an immediate, nonforfeitable annual retirement benefit from a pension, profit-sharing, savings, or deferred compensation plan of the employer which equals twenty-seven thousand dollars. This retirement benefit test may be adjusted according to the regulations prescribed by the United States secretary of labor pursuant to Pub. L. No. 95-256, section 3.

2. A health insurance program provided by an employer may exclude coverage of abortion, except where the life of the mother would be endangered if the fetus were carried to term or where medical complications have arisen from an abortion.

3. An employee welfare plan may provide life, disability or health insurance benefits which vary by age based on actuarial differences if the employer contributes equally for all the participating employees or may provide for employer contributions differing by age if the benefits for all the participating employees do not vary by age. . . .

216.14 Promotion or transfer.

After a person with a disability is employed, the employer shall not be required under this chapter to promote or transfer the person to another job or occupation, unless, prior to the transfer, the person with the disability, by training or experience, is qualified for the job or occupation. Any collective bargaining agreement between an employer and labor organization shall contain this section as part of the agreement. . . .

216.15 Complaint—hearing.

1. Any person claiming to be aggrieved by a discriminatory or unfair practice may, in person or by an attorney, make, sign, and file with the agency a verified, written complaint, which shall state the name and address of the person, employer, employment agency, or labor organization alleged to have committed the discriminatory or unfair practice of which complained, shall set forth the particulars thereof, and shall contain such other information as may be required by the agency. Agency staff, a commissioner, or the attorney general may in like manner make, sign, and file such complaint.

2. Any place of public accommodation, employer, labor organization, or other person who has any employees or members who refuse or threaten to refuse to comply with the provisions of this chapter may file with the agency a verified written complaint in triplicate asking the agency for assistance to obtain their compliance by conciliation or other remedial action.

3. a. After the filing of a verified complaint, a true copy shall be served within twenty days on the person against whom the complaint is filed, except as provided in subsection 4. Agency staff shall make a prompt investigation and shall issue a recommendation to an administrative law judge employed by the division of administrative hearings created by section 10A.801, who shall then issue a determination of probable cause or no probable cause.

     b. For purposes of this chapter, an administrative law judge issuing a determination of probable cause or no probable cause under this section is exempt from section 17A.17.

     c. If the administrative law judge concurs with the investigating official that probable cause exists regarding the allegations of the complaint, the staff of the agency shall promptly endeavor to eliminate the discriminatory or unfair practice by conference, conciliation, and persuasion. If the administrative law judge finds that no probable cause exists, the administrative law judge shall issue a final order dismissing the complaint and shall promptly mail a copy to the complainant and to the respondent. A finding of probable cause shall not be introduced into evidence in an action brought under section 216.16.

     d. The agency staff must endeavor to eliminate the discriminatory or unfair practice by conference, conciliation, and persuasion for a period of thirty days following the initial conciliation meeting between the respondent and the agency staff after a finding of probable cause. After the expiration of thirty days, the director may order the conciliation conference and persuasion procedure provided in this section to be bypassed when the director determines the procedure is unworkable by reason of past patterns and practices of the respondent, or a statement by the respondent that the respondent is unwilling to continue with the conciliation. Upon the bypassing of conciliation, the director shall state in writing the reasons for bypassing.

4. a. The agency may permit service of a complaint on a respondent by regular or electronic mail. If the respondent does not respond to the service by regular or electronic mail after ninety days, the agency shall serve the complaint on the respondent by certified mail within twenty days after the expiration of the ninety-day response period to service by regular or electronic mail.

     b. The agency may also permit a party to file a response to a complaint, a document, information, or other material, by electronic mail.

     c. The agency may issue a notice, determination, order, subpoena, request, correspondence, or any other document issued by the agency, by electronic mail.

5. The members of the commission and agency staff shall not disclose the filing of a complaint, the information gathered during the investigation, or the endeavors to eliminate such discriminatory or unfair practice by mediation, conference, conciliation, and persuasion, unless such disclosure is made in connection with the conduct of such investigation.

6. When the director is satisfied that further endeavor to settle a complaint by conference, conciliation, and persuasion is unworkable and should be bypassed, and the thirty-day period provided for in subsection 3 has expired without agreement, the director shall issue and cause to be served a written notice specifying the charges in the complaint as they may have been amended and the reasons for bypassing conciliation, if the conciliation is bypassed, and requiring the respondent to answer the charges of the complaint at a hearing before the agency, a commissioner, or a person designated by the agency to conduct the hearing, hereafter referred to as the administrative law judge, and at a time and place to be specified in the notice.

7. The case in support of such complaint shall be presented at the hearing by one of the agency’s attorneys or agents. The investigating official shall not participate in the hearing except as a witness nor participate in the deliberations of the agency in such case.

8. The hearing shall be conducted in accordance with the provisions of chapter 17A for contested cases. The burden of proof in such a hearing shall be on the agency.

9. If upon taking into consideration all of the evidence at a hearing the agency determines that the respondent has engaged in a discriminatory or unfair practice, the agency shall state its findings of fact and conclusions of law and shall issue an order requiring the respondent to cease and desist from the discriminatory or unfair practice and to take the necessary remedial action as in the judgment of the agency will carry out the purposes of this chapter. A copy of the order shall be delivered to the respondent, the complainant, and to any other public officers and persons as the agency deems proper.

     a. For the purposes of this subsection and pursuant to the provisions of this chapter “remedial action” includes but is not limited to the following: (1) Hiring, reinstatement or upgrading of employees with or without pay. Interim earned income and unemployment compensation shall operate to reduce the pay otherwise allowable.

          (2) Admission or restoration of individuals to a labor organization, admission to or participation in a guidance program, apprenticeship training program, on-the-job training program or other occupational training or retraining program, with the utilization of objective criteria in the admission of individuals to such programs.

          (3) Admission of individuals to a public accommodation or an educational institution.

          (4) Sale, exchange, lease, rental, assignment or sublease of real property to an individual.

          (5) Extension to all individuals of the full and equal enjoyment of the advantages, facilities, privileges, and services of the respondent denied to the complainant because of the discriminatory or unfair practice. (6) Reporting as to the manner of compliance.

          (7) Posting notices in conspicuous places in the respondent’s place of business in form prescribed by the agency and inclusion of notices in advertising material.

          (8) Payment to the complainant of damages for an injury caused by the discriminatory or unfair practice, which damages shall include but are not limited to actual damages, court costs, and reasonable attorney fees.

          (9) For an unfair or discriminatory practice relating to wage discrimination pursuant to section 216.6A, payment to the complainant of damages for an injury caused by the discriminatory or unfair practice, which damages shall include but are not limited to court costs, reasonable attorney fees, and either of the following:

               (a) An amount equal to two times the wage differential paid to another employee compared to the complainant for the period of time for which the complainant has been discriminated against.

               (b) In instances of willful violation, an amount equal to three times the wage differential paid to another employee as compared to the complainant for the period of time for which the complainant has been discriminated against.

     b. In addition to the remedies provided in the preceding provisions of this subsection, the agency may issue an order requiring the respondent to cease and desist from the discriminatory or unfair practice and to take such affirmative action as in the judgment of the agency will carry out the purposes of this chapter as follows:

          (1) In the case of a respondent operating by virtue of a license issued by the state or a political subdivision or agency, if the agency, upon notice to the respondent with an opportunity to be heard, determines that the respondent has engaged in a discriminatory or unfair practice and that the practice was authorized, requested, commanded, performed or knowingly or recklessly tolerated by the board of directors of the respondent or by an officer or executive agent acting within the scope of the officer’s or agent’s employment, the agency shall so certify to the licensing agency. Unless the agency finding of a discriminatory or unfair practice is reversed in the course of judicial review, the finding of discrimination is binding on the licensing agency. If a certification is made pursuant to this subsection, the licensing agency may initiate licensee disciplinary procedures.

          (2) In the case of a respondent who is found by the agency to have engaged in a discriminatory or unfair practice in the course of performing under a contract or subcontract with the state or political subdivision or agency, if the practice was authorized, requested, commanded, performed, or knowingly or recklessly tolerated by the board of directors of the respondent or by an officer or executive agent acting within the scope of the officer’s or agent’s employment, the agency shall so certify to the contracting agency. Unless the agency’s finding of a discriminatory or unfair practice is reversed in the course of judicial review, the finding of discrimination is binding on the contracting agency.

          (3) Upon receiving a certification made under this subsection, a contracting agency may take appropriate action to terminate a contract or portion thereof previously entered into with the respondent, either absolutely or on condition that the respondent carry out a program of compliance with the provisions of this chapter; and assist the state and all political subdivisions and agencies thereof to refrain from entering into further contracts. c. The election of an affirmative order under paragraph “b” of this subsection shall not bar the election of affirmative remedies provided in paragraph “a” of this subsection.

10. a. The terms of a conciliation or mediation agreement reached with the respondent may require the respondent to refrain in the future from committing discriminatory or unfair practices of the type stated in the agreement, to take remedial action as in the judgment of the agency will carry out the purposes of this chapter, and to consent to the entry in an appropriate district court of a consent decree embodying the terms of the conciliation or mediation agreement. Violation of such a consent decree may be punished as contempt by the court in which it is filed, upon a showing by the agency of the violation at any time within six months of its occurrence. At any time in its discretion, the agency may investigate whether the terms of the agreement are being complied with by the respondent.

     b. Upon a finding that the terms of the conciliation or mediation agreement are not being complied with by the respondent, the agency shall take appropriate action to assure compliance.

11. If, upon taking into consideration all of the evidence at a hearing, the agency finds that a respondent has not engaged in any such discriminatory or unfair practice, the agency shall issue an order denying relief and stating the findings of fact and conclusions of the agency, and shall cause a copy of the order dismissing the complaint to be served on the complainant and the respondent.

12. The agency shall establish rules to govern, expedite, and effectuate the procedures established by this chapter and its own actions thereunder.

13. Except as provided in section 614.8, a claim under this chapter shall not be maintained unless a complaint is filed with the agency within three hundred days after the alleged discriminatory or unfair practice occurred.

14. The agency or a party to a complaint may request mediation of the complaint at any time during the agency’s processing of the complaint. If the complainant and respondent participate in mediation, any mediation agreement may be enforced pursuant to this section. Mediation may be discontinued at the request of any party or the agency. . . .

216.19 Local laws implementing chapter.

1. All cities shall, to the extent possible, protect the rights of the citizens of this state secured by the Iowa civil rights Act. Nothing in this chapter shall be construed as indicating any of the following:

     a. An intent on the part of the general assembly to occupy the field in which this chapter operates to the exclusion of local laws not inconsistent with this chapter that deal with the same subject matter.

     b. An intent to prohibit an agency or commission of local government having as its purpose the investigation and resolution of violations of this chapter from developing procedures and remedies necessary to insure the protection of rights secured by this chapter.

     c. Limiting a city or local government from enacting any ordinance or other law which prohibits broader or different categories of unfair or discriminatory practices.

2. A city with a population of twenty-nine thousand, or greater, shall maintain an independent local civil rights agency or commission consistent with agency rules adopted pursuant to chapter 17A. An agency or commission for which a staff is provided shall have control over such staff. A city required to maintain a local civil rights agency or commission shall structure and adequately fund the agency or commission in order to effect cooperative undertakings with the Iowa office of civil rights and to aid in effectuating the purposes of this chapter.

3. An agency or commission of local government and the Iowa office of civil rights shall cooperate in the sharing of data and research, and coordinating investigations and conciliations in order to expedite claims of unlawful discrimination and eliminate needless duplication. The Iowa office of civil rights may enter into cooperative agreements with any local agency or commission to effectuate the purposes of this chapter. Such agreements may include technical and clerical assistance and reimbursement of expenses incurred by the local agency or commission in the performance of the agency’s or commission’s duties if funds for this purpose are appropriated by the general assembly.

4. The director may designate an unfunded local agency or commission as a referral agency. A local agency or commission shall not be designated a referral agency unless the ordinance creating it provides the same rights and remedies as are provided in this chapter. The director shall establish by rules the procedures for designating a referral agency and the qualifications to be met by a referral agency.

5. The director may adopt rules establishing the procedures for referral of complaints. A referral agency may refuse to accept a case referred to it by the Iowa office of civil rights if the referral agency is unable to effect proper administration of the complaint. It shall be the burden of the referral agency to demonstrate that it is unable to properly administer that complaint.

6. A complainant who files a complaint with a referral agency having jurisdiction shall be prohibited from filing a complaint with the agency alleging violations based upon the same acts or practices cited in the original complaint; and a complainant who files a complaint with the agency shall be prohibited from filing a complaint with the referral agency alleging violations based upon the same acts or practices cited in the original complaint. However, the agency in its discretion may refer a complaint filed with the agency to a referral agency having jurisdiction over the parties for investigation and resolution; and a referral agency in its discretion may refer a complaint filed with that agency to the office for investigation and resolution.

7. A final decision by a referral agency shall be subject to judicial review as provided in section 216.17 in the same manner and to the same extent as a final decision of the agency.

8. The referral of a complaint by the Iowa office of civil rights to a referral agency or by a referral agency to the Iowa office of civil rights shall not affect the right of a complainant to commence an action in the district court under section 216.16. . . .