216.6 - UNFAIR EMPLOYMENT PRACTICES.
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, gender identity, 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 discriminating 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, gender identity, 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, gender identity, 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 discriminating 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, gender identity, 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 public health 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 from a 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, sexual orientation,
or gender identity 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. Section History: Early Form
[C66, 71, § 105A.7; C73, § 601A.7; C75, 77, 79, 81, § 601A.6] Section History: Recent Form
87 Acts, ch 201, §1; 88 Acts, ch 1236, §2
C93, § 216.6
96 Acts, ch 1129, § 27, 113; 2007 Acts, ch 191, §3, 4; 2009 Acts,
ch 41, §220
Referred to in § 216.2, 400.8
See also §139A.13A, 915.23