Iowa’s Job Discrimination Regulations

September 12th, 2006 Posted by Rachel

You should know that there are laws in place to protect you from being harassed and/or discriminated against in the workplace. There are both federal and state laws that employers are expected to follow in their employment practices. Most states have a specific department or agency dedicated to the education, regulation and enforcement of such laws. The Iowa Civil Rights Commission handles such matters in the state of Iowa.

First of all it is helpful to know what constitutes a violation of your rights and would be considered illegal under Iowa (IA) job discrimination law in the workplace. Just because something seems to be or feels unfair does not necessarily mean it is against the law. In Iowa it is against the law to discriminate on the basis of race, color, religion, sex, national origin, age, disability, political affiliation or belief; and against any beneficiary of programs financially assisted under Title I of the Workforce Investment Act of 1998 (WIA), on the basis of the beneficiary’s status as a lawfully admitted immigrant authorized to work in the United States, or his or her participation in any WIA Title I – financially assisted program or activity. Making employment decisions in the administration of, or in connection with, such a program or activity is considered a violation of discrimination laws.

According to Iowa (IA) job discrimination law in the workplace employers and employees alike have rights and responsibilities when it comes to disability in the areas of employment. An employer cannot discriminate against you because of your disability, if you are qualified for the job. To be qualified you have to be able to do the essential functions of the job, with or without reasonable accommodation. An employer must provide you a reasonable accommodation to help you carry out the essential functions of the job.

No Comments >> Posted in Discrimination,Employment Laws,Hostile Environment,Iowa

Iowa (IA) Sexual Discrimination Law in the Workplace

August 25th, 2006 Posted by Hannah

When it comes to the Iowa sexual discrimination law in the workplace, this state has its own civil rights act. The Iowa Civil Rights Act of 1965 makes sexual discrimination by employers and labor organizations illegal.

Under the Iowa Civil Rights Act, an employer is every person employing employees in the state including, but not limited to, according to the Civil Rights Act, “the state of Iowa or any political subdivision, board, commission, department, institution, or school district”. This differs from the federal Title VII because Title VII only refers to employers who have fifteen or more employees instead of EVERY employer as stated in the Iowa law.

Employees under Iowa law are those who are employed by an employer (as defined above).

The Iowa Civil Rights Act covers job discrimination on the basis of gender. This includes refusing to hire, firing, contrasting job terms, conditions and compensation all based on a person’s gender. It also includes pregnancy related issues which, under this code, must be treated as a temporary disability.

Anyone who wants to file a complaint against their employer must do so with the Iowa Civil Rights Commission within 180 days of the alleged discriminatory act by visiting the office or by sending in a complaint. Each complaint must include your contact information, your employer’s contact information and a detailed statement outlining the facts surrounding your complaint.

The Commission will then contact your employer and give him or her a copy of the complaint. You and your employer will then be asked to fill out a questionnaire as well as be given the option to attend mediation.

From there, an investigator will look at your case and then an Administrative Law Judge will make the determination of reasonable cause or no reasonable cause to believe your rights have been violated.

If the judge finds reasonable cause, you will enter a settlement phase with your employer. If this phase fails, the case will go to public hearing.

If you decided, instead, to file your case with the state or federal courts, you’ll need to request a “Right to Sue” letter from either the EEOC or the Iowa Civil Rights Commission first. As a side note, in Iowa state courts, there is no trial by jury for cases falling under the Civil Rights Act.

As an employer, it’s your job to know your responsibilities in the workplace. One of those responsibilities is to help keep your employees informed of Iowa Labor Law. Be sure to always have an updated Iowa Complete Labor Law poster posted in your workplace.

No Comments >> Posted in Employment Laws,Hostile Environment,Iowa,Sexual Harassment

Employer Discrimination Posting Requirements in the State of Iowa (IA)

August 21st, 2006 Posted by Derrick

Iowa employers have a responsibility to treat all of their employees fairly. Employers must follow all federal and state civil rights laws. It is also the responsibility of Iowa employers to display Iowa state discrimination posters in the workplace. These posters must inform employees of their rights under the law, Furthermore, the Iowa state discrimination posters must be displayed where employees are known to gather like a break room or a dining area.

The “Iowa Civil Rights Act of 1965” protects workers from being discriminated against because of their race, religion, sex, age, national origin, physical or mental disability, or pregnancy. A person is also protected from an employer retaliating because a discrimination complaint was filed.

The Iowa Civil Rights Commission is in charge of enforcing all the civil rights laws. The Commission’s job is investigating and resolving claims of discrimination, reconciling complaints by mediators and conciliators, educating the public about discrimination, and helping communities who request help with issues of diversity and discrimination.

A person who is a victim of discrimination in the workplace should file a complaint with the Iowa Civil Rights Commission. The complaint will be officially filed when the Commission receives something in writing from the alleged victim. The complaint must be filed within 180 days from the time of the discriminatory practice.

Employers in Iowa must make sure all their employees are treated equally and fairly and that all employees know what their rights are when it comes to anti-discrimination laws and regulations. It is the law that the Iowa state discrimination posters must be hung in every workplace in a spot where all employees will be able to see them. If the poster is not displayed correctly and/or if it doesn’t contain the necessary information, the employer is in violation of the law.

No Comments >> Posted in Discrimination,Employment Laws,Hostile Environment,Iowa

Iowa’s Discrimination Notice

January 20th, 2006 Posted by Jane

I read that Iowa’s anti-discrimination notice spells out the equal opportunity laws that apply to the workplace. Equal opportunity law guarantees fair treatment to job applicants, as well as workers who want to be considered for opportunities. The Iowa Civil Rights Act prohibits discrimination in employment because of a person’s race, color, creed, sex, national origin, or religion. There are also laws against discrimination based on disability, and protects workers over 40 from age discrimination.

I know that the law applies to private employers, state and local governments, and public and private educational institutions. Employment agencies, labor unions, contractors, sub-contractors, and apprenticeship programs are also affected by this law.

A discriminatory act is defined as a decision or action, usually made by someone in authority, in one of the five areas, which adversely affects someone. These acts include failure to hire, harassing conduct, failure to accommodate, unequal pay, and termination based on discriminatory factors.

If an employee believes they have been discriminated against, they should immediately contact the Iowa Civil Rights Commission (ICRC). A complaint must be filed within 180 days of the discriminatory act. The Iowa anti-discrimination statute covers some smaller employers not covered by federal law. Therefore, if a workplace has between 4 and 14 employees, a worker should file with the state.

My research revealed that the ICRC’s staff  will provide a worker with information on their rights and will assist them in taking the necessary steps to get a complaint legally filed.  The staff will then take appropriate action in handling the complaint. There is no charge to file a complaint.

Employers must post a notice of Iowa’s non-discrimination compliance in a public area of their business.

No Comments >> Posted in Discrimination,Employment Laws,Hostile Environment,Iowa