216.9 - UNFAIR OR DISCRIMINATORY PRACTICES -- EDUCATION.
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, gender identity, 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, sexual
orientation, or gender identity when such qualifications are related
to a bona fide religious purpose or any institution from admitting
students of only one sex. Section History: Early Form
[C79, 81, § 601A.9] Section History: Recent Form
85 Acts, ch 214, §1; 86 Acts, ch 1245, § 1496; 90 Acts, ch 1253,
§121
C93, § 216.9
2007 Acts, ch 191, §11, 12; 2008 Acts, ch 1032, §36
Referred to in § 216.2, 260C.5