216.2 - DEFINITIONS.
216.2 DEFINITIONS.
When used in this chapter, unless the context otherwise requires:
1. "Commission" means the Iowa state civil rights commission
created by this chapter.
2. "Commissioner" means a member of the commission.
3. "Court" means the district court in and for any judicial
district of the state of Iowa or any judge of the court if the court
is not in session at that time.
4. "Covered multifamily dwelling" means any of the following:
a. A building consisting of four or more dwelling units if
the building has one or more elevators.
b. The ground floor units of a building consisting of four or
more dwelling units.
5. "Disability" means the physical or mental condition of a
person which constitutes a substantial disability, and the condition
of a person with a positive human immunodeficiency virus test result,
a diagnosis of acquired immune deficiency syndrome, a diagnosis of
acquired immune deficiency syndrome-related complex, or any other
condition related to acquired immune deficiency syndrome. The
inclusion of a condition related to a positive human immunodeficiency
virus test result in the meaning of "disability" under the
provisions of this chapter does not preclude the application of the
provisions of this chapter to conditions resulting from other
contagious or infectious diseases.
6. "Employee" means any person employed by an employer.
7. "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.
8. "Employment agency" means any person undertaking to
procure employees or opportunities to work for any other person or
any person holding itself to be equipped to do so.
9. a. "Familial status" means one or more individuals under
the age of eighteen domiciled with one of the following:
(1) A parent or another person having legal custody of the
individual or individuals.
(2) The designee of the parent or the other person having custody
of the individual or individuals, with the written permission of the
parent or other person.
(3) A person who is pregnant or is in the process of securing
legal custody of the individual or individuals.
b. "Familial status" also means a person who is pregnant or
who is in the process of securing legal custody of an individual who
has not attained the age of eighteen years.
10. "Gender identity" means a gender-related identity of a
person, regardless of the person's assigned sex at birth.
11. "Labor organization" means any organization which exists
for the purpose in whole or in part of collective bargaining, of
dealing with employers concerning grievances, terms, or conditions of
employment, or of other mutual aid or protection in connection with
employment.
12. "Person" means one or more individuals, partnerships,
associations, corporations, legal representatives, trustees,
receivers, and the state of Iowa and all political subdivisions and
agencies thereof.
13. a. "Public accommodation" means each and every place,
establishment, or facility of whatever kind, nature, or class that
caters or offers services, facilities, or goods for a fee or charge
to nonmembers of any organization or association utilizing the place,
establishment, or facility, provided that any place, establishment,
or facility that caters or offers services, facilities, or goods to
the nonmembers gratuitously shall be deemed a public accommodation if
the accommodation receives governmental support or subsidy. Public
accommodation shall not mean any bona fide private club or other
place, establishment, or facility which is by its nature distinctly
private, except when such distinctly private place, establishment, or
facility caters or offers services, facilities, or goods to the
nonmembers for fee or charge or gratuitously, it shall be deemed a
public accommodation during such period.
b. "Public accommodation" includes each state and local
government unit or tax-supported district of whatever kind, nature,
or class that offers services, facilities, benefits, grants or goods
to the public, gratuitously or otherwise. This paragraph shall not
be construed by negative implication or otherwise to restrict any
part or portion of the preexisting definition of the term "public
accommodation".
14. "Sexual orientation" means actual or perceived
heterosexuality, homosexuality, or bisexuality.
15. "Unfair practice" or "discriminatory practice" means
those practices specified as unfair or discriminatory in sections
216.6, 216.6A, 216.7, 216.8, 216.8A, 216.9, 216.10, 216.11, and
216.11A. Section History: Early Form
[C66, 71, § 105A.2; C73, 75, 77, 79, 81, § 601A.2] Section History: Recent Form
84 Acts, ch 1096, § 1; 88 Acts, ch 1236, §1; 89 Acts, ch 205, §1;
91 Acts, ch 184, §1; 92 Acts, ch 1129, §1--3
C93, § 216.2
94 Acts, ch 1023, §42; 95 Acts, ch 129, §2; 96 Acts, ch 1129, §
113; 2007 Acts, ch 191, §1; 2009 Acts, ch 96, §1