7 14 25 City Council Proceedings Official SpecialCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:00 p.m. on July 14, 2025, in the
second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Cavanagh; Council Members Farber (attending virtually), Jones, Res-
nick, Roussell, Sprank, Wethal; City Manager Van Milligen; Assistant City Attorney Leh-
man.
Mayor Cavanagh read the call and stated this is a special session of the City Council
called for the purpose of conducting such business that may properly come before the
City Council.
PUBLIC INPUT
DeLano, Cain-Watson, 994 Patricia Ann Dr. - Highlighted the harm caused by the re-
moval of gender identity protections and the weight of responsibility he believes the coun-
cil holds, in protecting all Dubuque residents. He emphasized the emotional toll and
breach of public trust.
Alexander Viner, 12972 Swiss Valley Rd. - Recounted bullying and discrimination.
Highlighting the trauma of discrimination and its intergenerational effects. Urged the coun-
cil to reinstate protections and ensure such removals never happen again, emphasizing
how legal language directly impacts personal safety and dignity.
Jake, Kurczek, 1110 Victoria St. - Acknowledged the rarity and bravery in elected offi-
cials admitting fault. Commended those who did and encouraged procedural reforms:
redlining ordinances, slowing down significant changes, and mandating Human Rights
Commission input to prevent future oversights.
David Heiar, 805 Carriage Hill Dr. - Acknowledged the emotional impact and stood with
previous speakers.
Haley Lammer-Heindel, 1145 Mt. Pleasant St. - Shared personal experience growing
up in Dubuque during a time with no LGBTQ protections, sharing concern for her students
and for youth who might now feel unsafe , and emphasized the need for careful legal
review and public engagement, including outreach to vulnerable communities , before
changes are proposed.
Patricia Mackey, 1353 Atlantic St. - Spoke to Dubuque’s reputation as a welcoming
community, warning that removing protections sends a harmful message to current and
future residents and called for maintaining inclusive protections not just ethically, but to
support community growth and professional retention.
Indigo Perry, 2920 Central Ave. - Shared that at a time when Immigrant, Disabled,
BIPoC, and LGBTQ+ residents; especially trans and nonbinary people are facing esca-
lating bullying, harassment, and public attacks, expressing that this action has caused
further harm and made our community even more vulnerable.
ACTION ITEMS
1. Equity and Human Rights Ordinance Amendment : The City Council will consider
rescinding Ordinance No. 29-25 Amending City Of Dubuque Code Of Ordinances Title 8
Equity And Human Rights By Repealing Title 8 Equity And Human Rights And Adopting
In Lieu Thereof A New Title 8 Human Rights, and in its place , adopting a Human Rights
Ordinance that will continue to include gender identity, and the commission’s composition
will continue to represent the City’s various racial, religious, cultural, and social commu-
nities.
Motion by Jones to receive and file the documents and rescind Ordinance No. 29 -25.
Seconded by Wethal.
City Manager Mike Van Milligen offered a direct and heartfelt apology for the gravity of
the oversight understanding that harm had been done to the community, especially to
those who had trusted the city’s processes. The City Manager recommended reinstating
gender identity protections and committed to redlining future ordinances and involving
commissions before council votes.
Mayor Cavanagh offered a personal, emotional apology. Expressed frustration and
embarrassment for the oversight. Admitting complete disbelief when learning of the error.
Mayor Cavanagh spoke of sleepless nights and the emotional toll of unintentionally voting
away someone’s rights, calling for a restructured process including redlined documents,
thorough staff and commission review, and public input before votes .
Council Member Resnick gained confirmation from Assistant City Attorney Lehman
that the omissions in the previously voted on ordinance have been reinstated and gender
identity is now in the upcoming ordinance the council will be voting on. Mr. Resnick would
like to see the city consider having both a Human Rights Commission and a Civil Rights
Commission.
Council Member Jones publicly apologized and expressed regret for not catching the
removal of protections. Mr. Jones emphasized that protecting the community is core to
his role on the council, sharing that this vote contradicted the very values that brought
him into public service, and he expressed a heartfelt desire to make things right.
Council Member Roussell was moved by the community stories shared during Public
Input and acknowledged her failure to recognize the omission in the ordinance earlier.
She believes this is not just about fixing a legal document - it is about healing harm done.
Council Member Wethal shared statistics about violence against transgender people
linking data and humanity to underscore the urgency of protections of marginalized com-
munities. She expressed regret not just over the vote, but over how the mistake forced
vulnerable people to come forward in public to defend their right s.
Council Member Sprank was candid about his mistake, admitting he had read only the
first few pages of the ordinance - and expressed how devastating it felt to let the commu-
nity down and acknowledged the broken trust with the public by his lack of due diligence.
Council Member Farber shared her experiences as a religious minority to express sol-
idarity with marginalized communities and acknowledged her part in not recognizing the
omission in the ordinance earlier.
All Councilmembers emphasized the need for public discussion, Human Rights Com-
mission involvement, and pre-vote visibility of all document impacts. Motion carried 7-0.
Motion by Jones to receive and file the documents and that the requirement that a
proposed ordinance be considered and voted on for passage at two Council meetings
prior to the meeting at which it is to be passed be suspended. Seconded by Sprank.
Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 30-25 Amending
City of Dubuque Code of Ordinances Title 8 Equity and Human Rights by Repealing Title
8 Equity and Human Rights and Adopting in Lieu Thereof a New Title 8 Human Rights.
Seconded by Sprank. Motion carried 7-0.
ORDINANCE NO. 30 - 25
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 8 EQUITY AND HU-
MAN RIGHTS BY REPEALING TITLE 8 EQUITY AND HUMAN RIGHTS AND ADOPT-
ING IN LIEU THEREOF A NEW TITLE 8 HUMAN RIGHTS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 8 of the City of Dubuque Code of Ordinances is hereby repealed and
the following is adopted in lieu thereof:
TITLE 8: HUMAN RIGHTS
CHAPTER 1: DEFINITIONS; GENERAL PROVISIONS
8-1-1: DEFINITIONS:
When used in this title, the following terms shall have the meanings ascribed herein
unless the context otherwise requires:
AUXILIARY AIDS AND SERVICES: A. Qualified interpreters or other effective meth-
ods of making aurally delivered materials available to individuals with hearing impair-
ments.
B. Qualified readers, taped texts, or other effective methods of making visually de-
livered materials available to individuals with visual impairments.
C. Acquisition or modification of equipment or devices.
D. Other similar services and actions.
COMMISSION: The Dubuque human rights commission created by chapter 2 of this
title.
COURT: The Iowa district court in and for Dubuque County.
COVERED ENTITY: An employer, employment agency, labor organization, or joint la-
bor management committee.
DIRECT THREAT: A significant risk to the health or safety of others that cannot be
eliminated by reasonable accommodation.
DISABILITY: With respect to an individual:
A. A physical or mental impairment that substantially limits one or more major life
activities of such individual 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 com-
plex, or any other condition related to acquired immune deficiency syndrome. The
inclusion of a condition related to a positive human immunodeficiency virus test
results, in the meaning of "disability" under the provisions of this title, does not
preclude the application of the provisions of this title to conditions resulting from
other contagious or infectious diseases.
As described, major life activities:
1. Include, but are not limited to, caring for oneself, performing manual tasks, see-
ing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking,
breathing, learning, reading, concentrating, thinking, communicating, and work-
ing.
2. Also include the operation of a major bodily function, including, but not limited
to, functions of the immune system, normal cell growth, digestive, bowel, blad-
der, neurological, brain, respiratory, circulatory, endocrine, and reproductive
functions.
B. A record of such an impairment.
C. Being regarded as having such an impairment, as described:
1. An individual meets the requirement of being regarded as having such an im-
pairment if the individual establishes that he or she has been subjected to an
action prohibited under this title because of an actual or perceived physical or
mental impairment whether or not the impairment limits or is perceived to limit
a major life activity.
2. This provision shall not apply to impairments that are transitory and minor. A
"transitory impairment" is an impairment with an actual or expected duration of
six (6) months or less.
D. The definition of "disability" shall be construed in accordance with the following:
1. In favor of broad coverage of individuals under this title, to the maximum extent
permitted by the terms of this title.
2. "Substantially limits" shall be interpreted consistently with the findings and pur-
poses of the ADA amendments act of 2008.
3. An impairment that substantially limits one major life activity need not limit other
major life activities in order to be considered a disability.
4. An impairment that is episodic or in remission is a disability if it would substan-
tially limit a major life activity when active.
5. a. The determination of whether an impairment substantially limits a major life
activity shall be made without regard to the ameliorative effects of mitigating
measures such as:
(1) Medication, medical supplies, equipment, appliances, low vision devices
(which do not include ordinary eyeglasses or contact lenses), prosthetics in-
cluding limbs and devices, hearing aids and cochlear implants or other im-
plantable hearing devices, mobility devices, or oxygen therapy equipment and
supplies.
(2) Use of assistive technology.
(3) Reasonable accommodations or auxiliary aids or services.
(4) Learned behavioral or adaptive neurological modifications.
b. The ameliorative effects of the mitigating measures of ordinary eyeglasses or
contact lenses shall be considered in determining whether an impairment sub-
stantially limits a major life activity.
c. As used in this section:
(1) "Ordinary eyeglasses" or "contact lenses" means lenses that are intended to
fully correct visual acuity or eliminate refractive error.
(2) "Low vision devices" means devices that magnify, enhance, or otherwise aug-
ment a visual image.
DRUG: A controlled substance, as defined in the code of Iowa.
EMPLOYEE: An individual employed by an employer.
EMPLOYER: The state or any political subdivision, board, commission, department, in-
stitution, or school district thereof, and every other person employing employees
within the state.
EMPLOYMENT AGENCY: Any person undertaking to procure employees or opportuni-
ties to work for any other person or any person holding such person or itself to be
equipped to do so.
FAMILIAL STATUS: A. One or more individuals who have not attained the age of eight-
een (18) years being domiciled with:
1. A parent or other person having legal custody of such individual or individuals.
2. The designee of such parent or other person having such custody, with the writ-
ten permission of such parent or other person.
B. The protections afforded against discrimination on the basis of familial status shall
apply to any person who is pregnant or is in the process of securing legal custody
of any individual who has not attained the age of eighteen (18) years.
GENDER IDENTITY: A gender related identity of a person, regardless of the person's
assigned sex at birth.
LABOR ORGANIZATION: Any organization which exists for the purpose, in whole or in
part, of collective bargaining, dealing with employees concerning grievances, terms,
or conditions of employment, or other mutual aid or protection in connection with em-
ployment.
PERSON: An individual, partnership, association, corporation, legal representative,
trustee, receiver, any other legal entity, and the state and all political subdivisions and
agencies thereof.
PUBLIC ACCOMMODATION: A. 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 ca-
ters or offers services, facilities, or goods to the nonmembers gratuitously shall be
deemed a "public accommodation", if the accommodation receives any governmental
support or subsidy.
B. "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, facili-
ties, or goods to the nonmembers for a fee or charge or gratuitously, it shall be
deemed a "public accommodation" during such period.
C. "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 definition
shall not be construed by negative implication or otherwise to restrict any part or
portion of the preexisting definition.
QUALIFIED INDIVIDUAL WITH A DISABILITY: With respect to chapter 3, article A of
this title, an individual with a disability who, with or without reasonable accommoda-
tion, can perform the essential functions of the employment position that such indi-
vidual holds or desires. For the purposes of this title, consideration shall be given to
the employer's judgment as to what functions of a job are essential and if an employer
has prepared a written description before advertising or interviewing applicants for
the job, this description shall be considered evidence of the essential functions of the
job.
READILY ACHIEVABLE: Easily accomplishable and able to be carried out without much
difficulty or expense. In determining whether an action is readily achievable, factors
to be considered include:
A. The nature and cost of the action needed under this title.
B. The overall financial resources of the facility or facilities involved in the action,
the number of persons employed at such facility, and the effect on expenses and
resources, or the impact otherwise of such accommodation upon the operation
of the facility.
C. The overall financial resources of the covered entity; the overall size of the busi-
ness of a covered entity with respect to the number of its employees, and the
number, type and location of its facilities.
D. The type of operation or operations of the covered entity, including the composi-
tion, structure, and functions of the work force of such entity and the geographic
separateness, administrative, or fiscal relationship of the facility or facilities in
question to the covered entity.
REASONABLE ACCOMMODATION: A. Making existing facilities used by employees
readily accessible to and usable by individuals with disabilities.
B. Job restructuring, part time or modified work schedules, reassignment to a vacant
position, acquisition or modification of equipment or devices, appropriate adjust-
ment or modifications of examinations, training materials or policies, the provision
of qualified readers or interpreters, and other similar accommodations for individ-
uals with disabilities.
SEXUAL ORIENTATION: A person's actual, history of, or perceived heterosexuality,
homosexuality, or bisexuality but not including participation in conduct that is prohib-
ited by law.
STATE: Each of the several states, the District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the Virgin Islands of the United States, the
Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana
Islands.
UNDUE HARDSHIP: An action requiring significant difficulty or expense. In determining
whether an accommodation would impose an undue hardship on a covered entity,
factors to be considered include:
A. The nature and cost of the accommodation needed under this title.
B. The overall financial resources of the facility or facilities involved in the provision
of the reasonable accommodation, the number of persons employed at such fa-
cility, the effect on expenses and resources, or the impact otherwise of such ac-
commodation upon the operation of the facility.
C. The overall financial resources of the covered entity, the overall size of the busi-
ness of a covered entity with respect to the number of its employees, and the
number, type, and location of its facilities.
D. The type of operation or operations of the covered entity including the composi-
tion, structure, and functions of the work force of such entity and the geographic
separateness, administrative, or fiscal relationship of the facility or facilities in
question to the covered entity.
UNFAIR PRACTICE OR DISCRIMINATORY PRACTICE: Those practices specified as
unfair or discriminatory in chapters 3 and 5 of this title.
CHAPTER 2: HUMAN RIGHTS COMMISSION
8-2-1: COMMISSION CREATED:
There is hereby created the human rights commission.
8-2-2: PURPOSE:
The purpose of the commission is to establish a human rights commission in conformance
with the Iowa Civil Rights Act, to declare the public policy of nondiscrimination in the
city; to provide for educational programs to prevent and eliminate discriminatio n in the
city; and to cooperate with the Iowa Civil Rights Commission in the fulfillment of con-
tractual obligations and the enforcement process.
8-2-3: INTERNAL ORGANIZATION AND RULES:
The commission may adopt rules and regulations to govern its organizational procedures
as may be necessary and which are not in conflict with this code or the Iowa Code.
The Commission has adopted Administrative Rules which shall govern the work of the
body and the enforcement process.
8-2-4: PROCEDURES FOR OPERATION:
All administrative, personnel, accounting, budgetary, and procurement policies of the city
govern the commission in all its operations.
8-2-5: MEMBERSHIP:
The commission comprises nine (9) residents of the city, appointed by the city council
from various racial, religious, cultural, and social groups within the city.
8-2-6: OATH:
Each person, upon appointment to the commission, must execute an oath of office at the
first meeting of the commission following the appointment or at the city clerk's office
any time prior to the first meeting of the commission.
8-2-7: TERMS:
The term of office for commissioners is three (3) years or until such commissioner's suc-
cessor is appointed and qualified.
8-2-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments.
8-2-9: OFFICERS; ORGANIZATION:
A. Chair and Vice Chair. The commissioners must choose annually a chairperson
and vice chairperson, each to serve a term of one year.
B. Vacancies in Chair and Vice Chair. The commissioners must fill a vacancy among
its officers for the remainder of the officer's unexpired term.
C. Secretary. A city staff member shall serve as secretary.
8-2-10: MEETINGS:
A. Regular Meetings: The commission will be scheduled to meet monthly and must
meet at least once per quarter.
B. Special Meetings: Special meetings may be called by the chairperson or at the
written request of a majority of the commissioners.
C. Open Meetings: All meetings must be called and held in conformance with the
Iowa open meetings law.
D. Attendance:
1. In the event a commissioner has been absent for three (3) or more meetings of
the commission, without being excused by the chairperson, such absence will
be grounds for the commission to recommend to the city council that the position
be declared vacant and a replacement appointed.
2. Attendance must be entered upon the minutes of all meetings.
3. Remote attendance is allowed; arrangements should be made with city staff in
advance of the meeting.
E. Minutes: A copy of the minutes of all regular and special meetings of the com-
mission must be filed with the city council within ten (10) working days after ap-
proval by the commission, or by the next regularly scheduled city council meeting,
whichever is later.
F. Quorum: Five (5) commissioners constitute a quorum for the transaction of busi-
ness. The affirmative vote of a majority of the commissioners present and voting
is necessary for the adoption of any motion or resolution.
8-2-11: COMPENSATION:
Commissioners serve without compensation, provided that they may receive reimburse-
ment for necessary travel and other expenses while on official commission business
within the limits established in the city administrative policies and budget.
8-2-12: REMOVAL:
The city council may remove any commissioner for cause upon written charges and after
public hearing.
8-2-13: POWERS, DUTIES, AND RESPONSIBILITIES:
The commission serves in an advisory capacity to the City Council and has the following
powers, duties, and responsibilities:
A. To study the existence, character, causes, and extent of discrimination in public
accommodations, credit transactions, employment, apprenticeship programs, on
the job training programs, vocational schools, other educational institutions, and
housing in the city and to attempt the elimination of such discrimination through
education, conciliation, and recommended changes to policy and practice.
B. To form subcommittees to address specifically identified goals or needs in the
community related to the elimination of discrimination.
C. To attend events and training opportunities both within the community and be-
yond.
D. To actively promote human rights to various groups in the community including
governmental bodies, clubs, schools, and media.
E. To assist the City Manager, upon request, in the recruitment and selection of
staff.
F. To work with the staff appointed by the City Manager to:
1. Review and provide feedback to city staff on the annual report prepared for
transmission to the Mayor and City Council describing the work performed by
the staff and the commission;
2. Discuss, develop, and submit budget requests in furtherance of the objectives
and goals of the Commission and Department;
3. Review at the regular meetings intake and complaint data.
4. As needed, prepare for public hearings by attending training on the procedures
outlined in the Administrative Rules for conducting a hearing.
G. To make recommendations to the City Council concerning the promotion and
advancement of respect and belonging in the community and addressing discrim-
ination in order to improve quality of life and livability for all residents, including
the adjustment or adoption of regulations consistent with and necessary for the
civil rights enforcement provisions of this Title.
H. To cooperate, within the limits of any appropriations made for its operation, with
other agencies or organizations, both public and private, whose purposes are
consistent with those of this chapter, in the planning and conducting of programs
designed to advance respect and belonging and eliminate discrimination and
community tensions.
I. To receive, administer, dispense, and account for any restricted funds that may
be donated to the commission and any grants that may be awarded the commis-
sion for furthering the purposes of this title. No disbursements will be made of
any restricted funds without authority from the City Council.
J. On occasion, and pursuant to this Title, the adopted Administrative Rules, the City
contract with the Iowa Civil Rights Commission, and the Iowa Code, hold hear-
ings upon a complaint made against a covered person or entity alleging a viola-
tion of the protections afforded by this Title for which conciliation efforts have
failed to resolve the complaint.
8-2-14: RECORDS TO BE PUBLIC; EXCEPTIONS:
All records of the commission are public except charges, complaints, reports of investi-
gations, statements, and other documents or records obtained in investigation of any
charges.
8-2-15: CONFIDENTIALITY OF COMPLAINTS AND INVESTIGATORY MATERIALS:
No member of the commission will disclose the filing of a charge, the information gathered
during the investigation, or the endeavors to eliminate such discriminatory or unfair
practice by conference, conciliation, or persuasion unless such disclosure is m ade in
connection with the conduct of such investigation or after the commission has held a
public hearing upon a complaint filed in connection with such charge. This section does
not prevent any complainant, witness, or other person from publicizing the f iling of a
charge or complaint or the matter therein complained of.
8-2-16: SUBPOENAS:
The staff assigned to the commission may issue subpoenas and order discovery in aid of
investigations under this title pursuant to the Administrative Rules. Such subpoenas
and discovery may be ordered to the same extent and subject to the same limitations
as would apply for county attorney subpoenas.
CHAPTER 3: UNFAIR AND DISCRIMINATORY PRACTICES
8-3-1: GENERALLY:
A. Aiding Or Abetting: It shall be an unfair or discriminatory practice for:
1. Any person to intentionally aid, abet, compel, or coerce another person to en-
gage in any of the practices declared unfair or discriminatory by this title.
2. Any person to discriminate against another person in any of the rights protected
against discrimination on the basis of race, creed, color, sex, national origin,
familial status, religion, age, disability, marital status, sexual orientation, or gen-
der identity by this chapter because such person has lawfully opposed any prac-
tice forbidden under this chapter, obeys the provisions of this chapter, or has
filed a complaint, testified, or assisted in any proceeding under this title.
3. Any person to discriminate against another person because of the person's re-
lationship or association with a person protected under this title.
B. Sex And Age Discrimination Provisions Not Applicable To Retirement Plans; Ex-
ception: The provisions of this title relating to discrimination because of sex or
age shall not be construed to apply to any retirement plan or benefit system of
any employer unless such plan or system is a mere subterfuge adopted for the
purposes of evading the provisions of this title.
1. However, a retirement plan or benefit system shall not require the involuntary
retirement of a person because of that person's age.
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 abor-
tion.
3. An employee welfare plan may provide life, disability, or health insurance ben-
efits which vary by age based on actuarial differences if the employer contrib-
utes 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.
C. Sexual Harassment Victim Protection: Evidence concerning the past sexual be-
havior of an alleged victim of sexual harassment shall not be admissible in any
proceeding before the human rights commission.
8-3-2: ACCOMMODATIONS OR SERVICES:
A. Prohibited Practices: It shall be an unfair or discriminatory practice for any owner,
lessee, sublessee, proprietor, manager, or superintendent of any public accom-
modation or any agent or employee thereof:
1. To refuse or deny to any person because of race, creed, color, sex, age, national
origin, religion, sexual orientation, or gender identity the accommodations, ad-
vantages, facilities, services, or privileges thereof, or otherwise to discriminate
against any person because of race, creed, color, sex, age, national origin, re-
ligion, sexual orientation, or gender identity in the furnishing of such accommo-
dations, advantages/facilities, services, or privileges.
2. 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, age, na-
tional origin, religion, sexual orientation, or gender identity is unwelcome, objec-
tionable, not acceptable, or not solicited.
B. Exemptions: This section shall not apply to:
1. Any bona fide religious institution with respect to any qualifications the institution
may impose based on religion when such qualifications are related to a bona
fide religious purpose.
2. The rental or leasing to transient individuals of less than four (4) rooms within a
single housing accommodation if the occupant or owner or members of the own-
er's or occupant's family reside therein.
3. Discounts for services or accommodations based upon age.
8-3-3: EMPLOYMENT PRACTICES:
A. Prohibited Practices: It shall be an unfair or discriminatory practice for any:
1. 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 race, creed,
color, sex, age, national origin, religion, sexual orientation, or gender identity of
such applicant or employee, unless based upon the nature of the occupation.
2. Labor organizations or the employees, agents, or members thereof to refuse to
admit to membership any applicant, to expel any member, or to otherwise dis-
criminate against any applicant for membership or any member in the privileges,
rights, or benefits of such membership because of the race, creed, color, sex,
age, national origin, religion, sexual orientation, or gender identity of such appli-
cant or member.
3. 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 race, creed, color, sex,
age, national origin, religion, sexual orientation, or gender identity are unwel-
come, objectionable, not acceptable, or not solicited for employment or mem-
bership, unless based upon the nature of the occupation.
B. Exemptions:
1. The prohibition by this section of discrimination based on sexual orientation shall
not apply to any bona fide religious institution with respect to any qualifications
for employment by such institution.
2. This section shall not apply to:
a. Any employer who regularly employs less than four (4) individuals. For pur-
poses of this subsection, the owners, owners' spouses, and children 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 em-
ployment.
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 association, corporation,
or society with respect to any qualifications for employment based on religion
when such qualifications are related to a bona fide religious purpose. A reli-
gious qualification for instructional, personnel, or 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.
e. Discrimination on the basis of age if the person subject to the discrimination is
under the age of eighteen (18) years, unless that person is considered by law
to be an adult.
f. A State or Federal program designed to benefit a specific age classification
which serves a bona fide public purpose.
8-3-4: CREDIT:
It shall be an unfair or discriminatory practice for any:
A. Creditor to refuse to enter into a consumer credit transaction or impose finance
charges or other terms or conditions more onerous than those regularly extended
by that creditor to consumers of similar economic backgrounds and current situ-
ations because of age, color, creed, national origin, race, religion, marital status,
sex, physical disability, sexual orientation, familial status, or gender identity.
B. Person authorized or licensed to do business in this State pursuant to chapters
524, 533, 534, 536, or 536A of the Code of Iowa to refuse to loan or extend to
persons of similar economic backgrounds because of age, color, creed, national
origin, race, religion, marital status, sex, physical disability, sexual orientation,
familial status, or gender identity.
C. Creditor to refuse to offer credit life or health and accident insurance because of
color, creed, national origin, race, religion, marital status, age, physical disability,
sex, sexual orientation, familial status, or gender identity. Refusal by a creditor to
offer credit life or health and accident insurance based upon the age or physical
disability of the consumer shall not be an unfair or discriminatory practice if such
denial is based solely upon bona fide underwriting considerations not prohibited
by the Code of Iowa or United States Code.
D. The provisions in this section shall not be construed by negative implications or
otherwise to narrow or restrict any other provisions of this title.
8-3-5: EDUCATION:
A. Prohibited Practices; Exceptions:
1. It is an unfair or discriminatory practice for any educational institution to discrim-
inate on the basis of race, creed, color, sex, national origin, religion, disability,
sexual orientation, or gender identity in any program or activity. Such discrimi-
natory 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 subject to discrimination in any academic, research, occupational training,
or other program or activity except athletic programs.
b. Denial of comparable opportunity in intramural and interscholastic athletic pro-
grams.
c. Discrimination among persons in employment and the conditions of employ-
ment.
d. On the basis of sex, the application of any rule concerning the actual or poten-
tial 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 purposes of this section, "educational institution" includes any preschool,
elementary, secondary, or community college, area education agency, postsec-
ondary 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 subsection shall be construed as prohibit-
ing any bona fide religious institution from imposing qualifications based on re-
ligion when such qualifications are related to a bona fide religious purpose or
any institution from admitting students of only one sex.
B. Examinations And Courses: Any person that offers examinations or courses re-
lated to applications, licensing, certification, or credentialing for secondary or
postsecondary education, professional, or trade purposes shall offer such exam-
inations or courses in a place and manner accessible to persons with disabilities
or offer alternative accessible arrangements for such individuals.
ARTICLE A. DISABILITY DISCRIMINATION
8-3A-1: EMPLOYMENT PROHIBITED PRACTICES:
A. General Rule: No person shall discriminate against a qualified individual on the
basis of disability in regard to job application procedures, the hiring, advance-
ment, or discharge of employees, employee compensation, job training, and
other terms, conditions, and privileges of employment.
B. Construction: As used in subsection A of this section, the term "discriminate
against an individual on the basis of disability" includes:
1. Limiting, segregating, or classifying a job applicant or employee in a way that
adversely affects the opportunities or status of such applicant or employee be-
cause of the disability of such applicant or employee.
2. Participating in a contractual or other arrangement or relationship that has the
effect of subjecting a covered entity's qualified applicant or employee with a
disability to the discrimination prohibited by this title. Such relationship includes
a relationship with an employment or referral agency, labor union, an organiza-
tion providing fringe benefits to an employee of the covered entity, or an organ-
ization providing training and apprenticeship programs.
3. Utilizing standards, criteria, or methods of administration:
a. That have the effect of discrimination on the basis of disability.
b. That perpetuate the discrimination of others who are subject to common ad-
ministrative control.
4. Excluding or otherwise denying equal jobs or benefits to a qualified individual
because of the known disability of an individual with whom the qualified individ-
ual is known to have a relationship or association.
5. Not making reasonable accommodations to the known physical or mental limi-
tations of an otherwise qualified individual with a disability who is an applicant
or employee, unless such covered entity can demonstrate that the accommo-
dation would impose an undue hardship on the operation of the business of
such covered entity, or denying employment opportunities to a job applicant or
employee who is an otherwise qualified individual with a disability, if such denial
is based on the need of such covered entity to make reasonable accommoda-
tion to the physical or mental impairments of the employee or applicant.
6. Using qualification standards, employment tests, or other selection criteria that
screen out or tend to screen out an individual with a disability or a class of indi-
viduals with disabilities unless the standard test or other selection criteria, as
used by the covered entity, is shown to be job related for the position in question
and is consistent with business necessity.
7. Failing to select and administer tests concerning employment in the most effec-
tive manner to ensure that when such test is administered to a job applicant or
employee who has a disability that impairs sensory, manual, or speaking skills,
such test results accurately reflect the skills, aptitude, or whatever other factor
of such applicant or employee that such test purports to measure, rather than
reflecting the impaired sensory, manual, or speaking skills of such employee or
applicant, except where such skills are the factors that the test purports to meas-
ure.
8. Soliciting or requiring as a condition of employment of any employee or prospec-
tive employee a test for the presence of the antibody to the human immunode-
ficiency virus or affecting the terms, conditions, or privileges of employment or
terminating 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 organi-
zation, or their employees, agents, or members and an employee or prospective
employee concerning employment, pay, or benefits to an employee or prospec-
tive employee in return for taking a test for the presence of the antibody to the
human immunodeficiency virus is prohibited. The prohibitions of t his subsection
do not apply if the state epidemiologist determines and the state director of pub-
lic health declares through the utilization of guidelines established by the center
for disease control of the United States department of health and human ser-
vices that a person with a condition related to acquired immune deficiency syn-
drome poses a significant risk of transmission of the human immunodeficiency
virus to other persons in a specific occupation.
C. Medical Examinations And Inquiries:
1. In General: The prohibition against discrimination as referred to in subsection A
of this section shall include medical examinations and inquiries.
2. Preemployment:
a. Prohibited Examination Or Inquiry: Except as provided in subsection C3 this
section, a covered entity shall not conduct a medical examination or make in-
quiries of a job applicant as to whether such applicant is an individual with a
disability or as to the nature or severity of such disability.
b. Acceptable Inquiry: A covered entity may make preemployment inquiries into
the ability of an applicant to perform job related functions.
3. Employment Entrance Examination: A covered entity may require a medical ex-
amination after an offer of employment has been made to a job applicant and
prior to the commencement of the employment duties of such applicant and may
condition an offer of employment on the results of such examination, if:
a. All entering employees are subjected to such an examination regardless of
disability.
b. Information obtained regarding the medical condition or history of the applicant
is collected and maintained on separate forms and in separate medical files
and is treated as a confidential medical record, except that:
(1) Supervisors and managers may be informed regarding necessary re-
strictions on the work or duties of the employee and necessary accommoda-
tions.
(2) First aid and safety personnel may be informed, when appropriate, if the
disability might require emergency treatment.
(3) Government officials investigating compliance with this chapter shall be pro-
vided relevant information on request.
c. The results of such examination are used only in accordance with this chapter.
4. Examination And Inquiry:
a. Prohibited Examinations And Inquiries: A covered entity shall not require a
medical examination and shall not make inquiries of an employee as to
whether such employee is an individual with a disability or as to the nature or
severity of the disability, unless such examination or inquiry is shown to be job
related and consistent with business necessity.
b. Acceptable Examinations And Inquiries: A covered entity may conduct volun-
tary medical examinations, including voluntary medical histories, which are
part of an employee health program available to employees at the work site. A
covered entity may make inquiries into the ability of an employee to perform
job related functions.
c. Requirement: Information obtained under subsection C4b of this section re-
garding the medical condition or history of any employee is subject to the re-
quirements of subsections C3b and C3c of this section.
8-3A-2: DEFENSES, EXEMPTIONS AND EXCLUSIONS:
A. Defenses:
1. In General: It may be a defense to a charge of discrimination under this article
that an alleged application of qualification standards, tests, or selection criteria
that screen out or otherwise deny a job or benefit to an individual with a disability
has been shown to be job related and consistent with business necessity, and
such performance cannot be accomplished by reasonable accommodation, as
required under this title.
2. Qualification Standards: The term "qualification standards" may include a re-
quirement that an individual shall not pose a direct threat to the health or safety
of other individuals in the workplace.
3. Qualification Standards And Tests Related To Uncorrected Vision: Notwith-
standing the provisions under the definition of "disability" in section 8 -1-1 of this
title, a covered entity shall not use qualification standards, employment tests, or
other selection criteria based on an individual's uncorrected vision unless the
standard, test, or other selection criteria, as used by the covered entity, is shown
to be job related and consistent with business necessity.
4. Reasonable Accommodation And Good Faith Effort: In cases where a discrimi-
natory practice involves the provision of a reasonable accommodation pursuant
to this subsection, actual damages other than damages for back pay may not
be awarded under this title where the covered entity proves, by a preponder-
ance of the evidence, good faith efforts, in consultation with the person with the
disability who has informed the covered entity that accommodation is needed,
to identify and make a reasonable accommodation that would provide such
individual with an equally effective opportunity and would not cause an undue
hardship on the operation of the business.
5. List Of Infectious And Communicable Diseases:
a. Applications: In any case in which an individual has an infectious or communi-
cable disease that is transmitted to others through the handling of food that is
included on the list developed by the secretary of health and human services
under 42 USC 12113(d) and which cannot be eliminated by reasonable ac-
commodation, a covered entity may refuse to assign or continue to assign such
individual to a job involving food handling.
b. Construction: Nothing in this article shall be construed to preempt, modify, or
amend any local law, ordinance, or regulation applicable to food handling
which is designed to protect the public health from individuals who pose a sig-
nificant risk to the health or safety of others, which cannot be eliminated by
reasonable accommodation, pursuant to the list of infectious or communicable
diseases and the modes of transmissibility published by the secretary of health
and human services.
B. Exemptions: This article shall not apply to:
1. Any employer who regularly employs less than four (4) individuals. For purposes
of this subsection, the owner(s), the owner(s)' spouse(s), and children shall not
be counted as employees.
2. 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 em-
ployment.
3. The employment of individuals to render personal service to the person of the
employer or members of the employer's family.
4. An employer's qualifications for a job may include a requirement that an individ-
ual shall not pose a direct threat to the health or safety of other individuals in
the workplace. (Ord. 18-09, 4-6-2009)
C. Exclusions: For purposes of the definition of "disability" in section 8 -1-1 of this
title, the following are not impairments and as such are not disabilities under this
article:
1. Homosexuality, bisexuality, transvestism, transsexualism, and gender identity
disorders not resulting from physical impairments;
2. Pedophilia, exhibitionism, voyeurism, or other sexual behavior disorders;
3. Compulsive gambling, kleptomania, or pyromania; or
4. Psychoactive substances use disorders resulting from current illegal use of
drugs.
8-3A-3: CONSTRUCTION:
A. Insurance:
1. This title shall not be construed to prohibit or restrict:
a. An insurer, hospital, or medical service company, health maintenance organi-
zation, or any agent or entity that administers benefit plans or similar organi-
zations from underwriting risks, classifying risks, or administering such risks
that are based on or not inconsistent with other laws of this state.
b. A person or organization covered by this title from establishing, sponsoring,
observing, or administering the terms of a bona fide benefit plan that are based
on underwriting risks, classifying risks, or administering such risks that are
based on or not inconsistent with other laws of this state.
c. A person or organization covered by this title from establishing, sponsoring,
observing, or administering the terms of a bona fide benefit plan that is subject
to the laws of this state that regulate insurance.
2. Subsection A1 of this section shall not be used as subterfuge to evade the pur-
poses of this title.
B. Accommodations And Services: Nothing in this title shall be construed to require
an individual with a disability to accept an accommodation, aid, service, oppor-
tunity, or benefit which such individual chooses not to accept.
C. Smoking: Nothing in this article shall be construed to preclude the prohibition of
or the imposition of restrictions on smoking in places of employment or in public
accommodations.
8-3A-4: ILLEGAL USE OF DRUGS AND ALCOHOL:
A. Qualified Individual With A Disability: For purposes of this article, a qualified indi-
vidual with a disability shall not include any employee or applicant who is currently
engaging in the illegal use of drugs, when the covered entity acts on the basis of
such use.
B. Rules Of Construction: Nothing in subsection A of this section shall be construed
to exclude as a qualified individual with a disability an individual who:
1. Has successfully completed a supervised drug rehabilitation program and is no
longer engaging in the illegal use of drugs or has otherwise been rehabilitated
successfully and is no longer engaging in such use.
2. Is participating in a supervised rehabilitation program and is no longer engaging
in such use.
3. Is erroneously regarded as engaging in such use, but is not engaging in such
use; except that it shall not be a violation of this title for a covered entity to adopt
or administer reasonable policies or procedures including, but not limited to,
drug testing designed to ensure that an individual described in subsection B1 or
B2 of this section is no longer engaging in the illegal use of drugs. However,
nothing in this section shall be construed to encourage, prohibit, restrict, or au-
thorize the conducting of testing for the illegal use of drugs.
C. Authority Of Covered Entity: A covered entity:
1. May prohibit the illegal use of drugs and the use of alcohol at the workplace by
all employees.
2. May require that employees shall not be under the influence of alcohol or be
engaging in the illegal use of drugs at the workplace.
3. May hold an employee who engages in the illegal use of drugs or who is an
alcoholic to the same qualification standards for employment or job performance
and behavior that such entity holds other employees, even if any unsatisfactory
performance or behavior is related to the drug use or alcoholism of such em-
ployee.
D. Drug Testing:
1. In General: For purposes of this title, a test to determine the illegal use of drugs
shall not be considered a medical examination.
2. Construction: Nothing in this title shall be construed to encourage, prohibit, or
authorize the conducting of drug testing for the illegal use of drugs by job appli-
cants or employees or making employment decisions based on such test re-
sults.
E. Governmental Regulations: Nothing in this title shall be construed to encourage,
prohibit, restrict, or authorize the otherwise lawful exercise by entities subject to
the jurisdiction of the Iowa department of transportation or any other state or fed-
eral agency of authority to:
1. Test employees of such entities in, and applicants for, positions involving safety
sensitive duties for the illegal use of drugs and for on duty impairment by alco-
hol.
2. Remove such persons who test positive for illegal use of drugs and on duty
impairment by alcohol pursuant to subsection E1 of this section from safety sen-
sitive duties in implementing subsection C of this section.
8-3A-5: PUBLIC ACCOMMODATIONS; PROHIBITED PRACTICES:
A. It shall be an unfair or discriminatory practice for any person on the basis of dis-
ability to refuse or deny full and equal enjoyment of the goods, services, facilities,
privileges, advantages, or other public accommodations.
B. It shall be an unfair or discriminatory practice not to afford an individual or class
of individuals on the basis of disability the full and equal enjoyment of a facility in
an integrated setting appropriate to the needs of the individual.
C. It shall be an unfair or discriminatory practice for any person to discriminate
against an individual or class of individuals in any of the following:
1. It shall be discriminatory to provide an individual or class of individuals, on the
basis of a disability or disabilities of such individual or class, directly or through
contractual, licensing, or other arrangements with a good, service, facility, priv-
ilege, advantage, or accommodation that is different or separate from that pro-
vided to other individuals, unless such action is necessary to provide the indi-
vidual or class of individuals with a good, service, facility, privilege, advantage,
accommodation, or other opportunity that is as effective as that provided to oth-
ers.
2. Notwithstanding the existence of separate or different programs or activities pro-
vided in accordance with this section, an individual with a disability shall not be
denied the opportunity to participate in such programs or activities that are not
separate or different.
3. A public accommodation shall not, directly or through contractual or other ar-
rangements, utilize standards or criteria or methods of administration:
a. That have the effect of discriminating on the basis of disability.
b. That perpetuate the discrimination of others who are subject to common ad-
ministrative control.
4. It shall be discriminatory to exclude or otherwise deny equal goods, services,
facilities, privileges, advantages, accommodations, or other opportunities to a
person because of the known disability of an individual with whom the individual
or entity is known to have a relationship or association.
D. For purposes of subsection A of this section, discrimination includes:
1. The imposition or application of eligibility criteria that screen out or tend to screen
out an individual with a disability or any class of individuals with disabilities from
fully and equally enjoying any goods, services, facilities, privileges, advantage s,
or accommodations, unless such criteria can be shown to be necessary for the
provision of the goods, services, facilities, privileges, advantages, or accommo-
dations being offered.
2. A failure to make reasonable modifications in policies, practices, or procedures
when such modifications are necessary to afford such goods, services, facilities,
privileges, advantages, or accommodations to individuals with disabilities, un-
less the entity can demonstrate that making such modifications would funda-
mentally alter the nature of such goods, services, facilities, privileges, ad-
vantages, or accommodations.
3. A failure to take such steps as may be necessary to ensure that no individual
with a disability is excluded, denied services, segregated, or otherwise treated
differently than other individuals because of the absence of auxiliary aids and
services, unless the entity can demonstrate that taking such steps would funda-
mentally alter the nature of the goods, service, facility, privilege, advantage, or
accommodation being offered or would result in an undue burden.
4. A failure to remove architectural barriers and communication barriers that are
structural in nature, in existing facilities, and transportation barriers in existing
vehicles and rail passenger cars used by an establishment for transporting in-
dividuals (not including barriers that can only be removed through the retrofitting
of vehicles or rail passenger cars by the installation of hydraulic or other lift),
where such removal is readily achievable.
5. Where an entity can demonstrate that the removal of a barrier under subsection
D4 this section is not readily achievable, a failure to make such goods, services,
facilities, privileges, advantages, or accommodations available through alterna-
tive methods if such methods are readily achievable.
E. Nothing in this section shall require an entity to permit an individual to participate
in or benefit from the goods, services, facilities, privileges, advantages, and ac-
commodations of such entity where such individual poses a direct threat to the
health or safety of others.
8-3A-6: NEW CONSTRUCTION AND ALTERATION OF PUBLIC ACCOMMODATIONS:
A. It shall be an unfair or discriminatory practice for any person on the basis of dis-
ability to:
1. Fail to design and construct all public accommodations built after September 1,
1996, so that they are readily accessible to and usable by individuals with disa-
bilities, except where an entity can demonstrate that it is structurally impractica-
ble to meet such requirements.
2. With respect to a facility or part thereof that is altered by, on behalf of, or for the
use of an establishment in a manner that affects or could affect the usability of
the facility or part thereof, a failure to make alterations in such a manner that, to
the maximum extent feasible, the altered portions of the facility are readily ac-
cessible to and usable by individuals with disabilities, including individuals who
use wheelchairs. Where the entity is undertaking an alteration that affects or
could affect usability of or access to an area of the facility containing a primary
function, the entity shall also make the alterations in such a manner that, to the
maximum extent feasible, the path of travel to the altered area and the bath-
rooms, telephones, and drinking fountains serving the altered area are readily
accessible to and usable by individuals with disabilities where such alterations
to the path of travel or the bathrooms, telephones, and drinking fountains serv-
ing the altered area are not disproportionate to the overall alterations in terms
of cost and scope.
B. Subsections A1 and A2 of this section shall not be construed to require the in-
stallation of an elevator for facilities that are less than three (3) stories or have
less than three thousand (3,000) square feet per story unless the building is a
shopping center, a shopping mall, or the professional office of a healthcare pro-
vider.
CHAPTER 4: ENFORCEMENT OF CIVIL RIGHTS
8-4-1: FILING COMPLAINTS:
A. Filing Of Verified, Written Complaint: All persons claiming to be aggrieved by a
discriminatory or unfair practice within this city may sign and file with the commis-
sion a verified, written complaint in triplicate which shall state the name and ad-
dress of the person alleged to have committed the discriminatory or unfair prac-
tice of which complained, shall set forth the particulars thereof, and shall contain
such other information as may be required by the commission. The commission,
a commissioner, or the city attorney's office may in like manner sign and file such
complaint.
B. Protection Of Person's Identity: A person who has tested positive for human im-
munodeficiency virus or who has a diagnosis of acquired immune deficiency syn-
drome or a person who is perceived to have human immunodeficiency virus or
acquired immune deficiency may file a disability charge utilizing "John Doe",
"Jane Doe", or a coded number to protect the person's identity. The name of the
charging party shall be disclosed to the respondent. It shall be a discriminatory
practice for any person to disclose the name of the coded person or information
that would lead to that person's identity.
8-4-2: AMENDMENTS OF COMPLAINTS:
The commission or the complainant shall have the power to reasonably and fairly amend
any complaint and the respondent shall have like power to amend such respondent's
answer at any time prior to hearing.
8-4-3: TIME LIMITATION FOR FILING COMPLAINT:
A. A claim under this title shall not be maintained unless a complaint is filed with the
commission within three hundred (300) days after the alleged discriminatory or
unfair practice occurred.
B. For purposes of this section, an unlawful employment practice occurs, with re-
spect to discrimination in compensation in violation of this title, when a discrimi-
natory compensation decision or other practice is adopted, when an individual
becomes subject to a discriminatory compensation decision or other practice, or
when an individual is affected by application of a discriminatory compensation
decision or other practice, including each time wages, benefits, or other compen-
sation is paid, resulting in whole or in part from such a decision or other practice.
8-4-4: COMMISSION STAFF PROCEEDINGS ON COMPLAINTS:
A. Notice To Respondent: After the filing of a verified complaint, a true copy shall be
served within twenty (20) days by personal service, certified mail, or overnight
mail with tracking to ensure service, on the person against whom the complaint
is filed.
B. Screening: The director shall review each complaint and is authorized to admin-
istratively close a case when the city manager finds any of the following:
1. Lack of jurisdiction.
2. Minimal impact on civil rights in the community.
3. Further processing is not warranted.
C. Investigation By Staff; Probable Cause Determination By Administrative Law
Judge: An authorized member of the commission shall make a prompt investiga-
tion and shall issue a recommendation to an administrative law judge under the
jurisdiction of the commission, who shall then issue a determination of probable
cause or no probable cause.
1. For purposes of this chapter, an administrative law judge issuing a determination
of probable cause or no probable cause under this section shall be exempt from
section 17A.17 of the code of Iowa.
2. If the administrative law judge concurs with the investigating official that proba-
ble cause exists regarding the allegations of the complaint, the staff of the com-
mission shall promptly endeavor to eliminate the discriminatory or unfair prac-
tice 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 the commission shall promptly mail a
copy to the complainant and to the respondent by certified mail.
A finding of probable cause shall not be introduced into evidence in an action brought
under section 8-4-7 of this chapter.
D. Conciliation Conference And Persuasion Procedures: The commission staff must
endeavor to eliminate the discriminatory or unfair practice by conciliation confer-
ence and persuasion for a period of thirty (30) days following the initial conciliation
meeting between the respondent and the commission staff after a finding of prob-
able cause. After the expiration of thirty (30) days, the city manager may order
the conciliation conference and persuasion procedure provided in this section to
be bypassed when the city manager 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 city manager shall state in writing the reasons
for bypassing.
8-4-5: COMMISSION PROCEEDINGS UPON FAILURE TO REACH SETTLEMENT BY
CONCILIATION:
A. Notice Of Hearing: When the city manager is satisfied that further endeavor to
settle a complaint by conference, conciliation, and persuasion is unworkable and
should be bypassed and the thirty (30) day period provided for in section 8-4-4 of
this chapter has expired without agreement, the city manager, with the approval
of a commissioner, shall issue and cause to be served a written notice:
1. Specifying the charges in the complaint as they may have been amended and
the reasons for bypassing further conciliation.
2. Requiring the respondent to answer the charges of the complaint at a hearing
before the commission, a commissioner, or a person designated by the com-
mission to conduct the hearing, hereafter referred to as the administrative law
judge.
3. Specifying a time and place.
B. Participation Of Commission Personnel: The case in support of such complaint
shall be presented at the hearing by one of the commission's attorneys or agents.
The investigating official shall not participate in the hearing except as a witness,
nor shall the official participate in the deliberations of the commission in such
case.
C. Conduct Of Hearing: The hearing shall be conducted in accordance with the pro-
visions of chapter 17A of the code of Iowa for contested cases. The burden of
proof in such a hearing shall be on the commission.
D. Proposed Order By Hearing Panel Or Judge: In the case of a proposed order by
a hearing panel or administrative law judge, the commission may review such
proposed order within sixty (60) days. If the commission fails to review such pro-
posed order within sixty (60) days, the proposed order shall become the final
order of the commission.
8-4-6: COMMISSION ORDERS:
A. Upon Finding Of Discriminatory, Unfair Practice: If, upon taking into consideration
all of the evidence at a hearing, the commission determines that the respondent
has engaged in a discriminatory or unfair practice, the commission shall state its
findings of fact and conclusions of law and shall issue an order requiring the re-
spondent to cease and desist from the discriminatory or unfair practice and to
take the necessary remedial action as in the judgment of the commission 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 commission deems proper.
1. Remedial Actions: For the purposes of this subsection and pursuant to the pro-
visions of this chapter, remedial action includes, but is not limited to, the follow-
ing:
a. Hiring, reinstatement, or upgrading of employees with or without pay. Interim
earned income and unemployment compensation shall operate to reduce the
pay otherwise allowable.
b. 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 pro-
grams.
c. Admission of individuals to a public accommodation or an education institution.
d. Sale, exchange, lease, rental, assignment, or sublease of real property to an
individual.
e. 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.
f. Reporting as to the manner of compliance.
g. Posting notices in conspicuous places in the respondent's place of business in
form prescribed by the commission and inclusion of notices in advertising ma-
terial.
h. Payment to the complainant of damages for an injury caused by the discrimi-
natory or unfair practice, which damages shall include, but are not limited to,
damages and reasonable attorney fees.
i. Reimbursement to the commission for contested case costs.
2. Requirements To Cease And Desist Certifications To Licensing And Contracting
Agencies: In addition to the remedies provided in the preceding provisions of
this section, the commission may issue an order requiring the respondent to
cease and desist from the discriminatory or unfair practice and may take such
affirmative action as in the judgment of the commission will carry out the pur-
poses of this chapter as follows:
a. In the case of a respondent operating by virtue of a license issued by the state
or a political subdivision or agency, if the commission, upon notice to the re-
spondent with an opportunity to be heard, determines that the respondent has
engaged in a discriminatory or unfair practice and that the practice was au-
thorized, requested, commanded, performed, or knowingly or recklessly toler-
ated by the board of directors of the respondent or by an officer or executive
agent acting within the scope of such officer's or executive agent's employ-
ment, the commission shall so certify to the licensing agency. Unless the com-
mission 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.
b. In the case of a respondent who is found by the commission to have engaged
in a discriminatory or unfair practice in the course of performing under a con-
tract or subcontract with the state or political subdivision or agency, if the prac-
tice was authorized, requested, commanded, performed, or knowingly or reck-
lessly tolerated by the board of directors of the respondent or by an officer or
executive agent acting within the scope of such officer's or executive agent's
employment, the commission shall so certify to the contracting agency. Unless
the commission's finding of a discriminatory or unfair practice is reversed in
the course of judicial review, the finding of discrimination is binding on the con-
tracting agency.
B. Upon Hearing Finding Of No Discriminatory, Unfair Practice: If, upon taking into
consideration all of the evidence at a hearing, the commission finds that a re-
spondent has not engaged in any such discriminatory or unfair practice, the com-
mission shall issue an order denying relief and stating the findings of fact and
conclusions of the commission and shall cause a copy of the order dismissing
the complaint to be served by regular mail on the complainant and the respond-
ent.
C. Upon Conciliation Agreements:
1. The terms of a conciliation 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 commission will carry out the purposes of this code, and to
consent to the entry in an appropriate district court of a consent decree embod-
ying the terms of the conciliation agreement. Violation of such a consent decree
may be punished by contempt by the court in which it is filed upon a showing by
the commission of the violation at any time within six (6) months of its occur-
rence. In all cases where a conciliation agreement is entered into, the commis-
sion shall issue an order stating its terms and furnish a copy of the order to the
complainant, the respondent, and such other persons as the commission deems
proper.
2. At any time, in its discretion, the commission may investigate whether the terms
of the agreement are being complied with by the respondent. Upon a finding
that the terms of the conciliation agreement are not being complied with by the
respondent, the commission shall take appropriate action to assure compliance.
8-4-7: RELEASE FROM ADMINISTRATIVE PROCESS; ALTERNATIVE JUDICIAL PRO-
CEEDINGS UPON COMPLAINTS:
A. Administrative Release: A person claiming to be aggrieved by an unfair or dis-
criminatory practice must initially seek an administrative relief by filing a complaint
with the commission in accordance with section 8-4-1 of this chapter. A complain-
ant, after the proper filing of a complaint with the commission, may subsequently
commence an action for relief in the district court if all of the following conditions
have been satisfied:
1. The complainant has timely filed the complaint with the commission as provided
in section 8-4-3 of this chapter.
2. The complaint has been on file with the commission at least sixty (60) days and
the commission has issued a release to the complainant pursuant to this sec-
tion.
3. The complainant has requested an administrative release from the Iowa civil
rights commission via the Dubuque human rights commission.
4. The complainant has received an administrative release from the Iowa civil
rights commission.
B. Screening Of Complaint: It is the legislative intent of this section that every com-
plaint be at least preliminarily screened during the first sixty (60) days. This sub-
section does not authorize administrative closures if an investigation is war-
ranted.
8-4-8: PROVISIONAL REMEDIES:
If, any time after the filing of a complaint, it shall appear to the commission that there is
reason to believe that the party charged has violated this chapter and there is reason
to believe that the person charged is about to commit acts which would make impos-
sible compliance with an order of the commission to alleviate the grievance, or it ap-
pears that a complainant may suffer irreparable injury as a result of alleged violation,
the commission's attorney may seek a temporary injunction restraining the pa rty
charged from doing these acts pending completion of the proceedings under this chap-
ter. A temporary injunction may be issued only after the respondent has been notified
and afforded the opportunity to be heard, except that an ex parte temporary injunct ion
may be issued when the complainant alleges housing discrimination.
8-4-9: JUDICIAL REVIEW; ENFORCEMENT ACTIONS:
A. Filing Petition For Judicial Review: Judicial review of the actions of the commis-
sion may be sought in accordance with the terms of the Iowa administrative pro-
cedure act 1 . Notwithstanding the terms of such act, petition for judicial review
may be filed in the district court in which an enforcement proceeding under sub-
section B of this section may be brought. For purposes of the time limit for filing
a petition for judicial review under the Iowa administrative procedure act, the is-
suance of a final decision of the commission under this chapter occurs on the
date notice of the decision is mailed by regular mail to the parties. Notwithstand-
ing the time limit provided in section 17A.19, subsection 3 of the code of Iowa, a
petition for judicial review of no probable cause decisions and other final agency
actions which are not of general applicability must be filed within thirty (30) days
of the issuance of the final agency action.
B. Order For Enforcement: The commission may obtain an order for the enforce-
ment of commission orders in a proceeding as provided in this section. Such an
enforcement proceeding shall be brought in the district court of the district in the
county in which the alleged discriminatory or unfair practice which is the subject
of the commission's order was committed, or in which any respondent required
in the order to cease or desist from a discriminatory or unfair practice or take
other affirmative action, resides or transacts business.
C. Transcript Of Record Of Hearing Filed With Court: Such an enforcement pro-
ceeding shall be initiated by the filing of a petition in such court and the service
of a copy thereof upon the respondent. Thereupon, the commission shall file with
the court a transcript of the record of the hearing before it. The court shall have
power to grant such temporary relief or restraining order as it deems just and
proper, and to make and enter upon the pleadings, testimony, and proceedings
set forth in such transcript an order enforcing, modifying, and enforcing as so
modified, or setting aside the order of the commission, in whole or in part.
D. Consideration Of Objection: An objection that has not been urged before the
commission shall not be considered by the court in an enforcement proceeding
unless the failure or neglect to urge such objection shall be excused because of
extraordinary circumstances.
E. Remission Of Case To Commission: Any party to the enforcement proceeding
may move the court to remit the case to the commission in the interests of justice
for the purposes of adducing additional specified and material evidence and
seeking findings thereof, provided such party shall show reasonable grounds for
the failure to adduce such evidence before the commission.
F. Determination Under State Statute: In the enforcement proceeding, the court shall
determine its order on the same basis as it would in a proceeding reviewing com-
mission action under section 17A.19 of the code of Iowa.
G. Availability Of Testimony: The commission's copy of the testimony shall be avail-
able to all parties for examination at all reasonable times, without cost, and for
the purpose of judicial review of the commission's orders.
H. Commission Attorney Appearance In Court: The commission may appear in court
by its own attorney.
I. Expeditious Hearing On Petitions: Petitions filed under this section shall be heard
expeditiously and determined upon the transcript filed without requirement for
hearing.
J. Failure To Obtain Judicial Review: If no proceeding to obtain judicial review is
instituted within thirty (30) days from the service of an order of the commission
under section 8-4-6 of this chapter, the commission may obtain an order of the
court for the enforcement of such order upon showing that respondent is subject
to the jurisdiction of the commission and resides or transacts business within the
county in which the petition for enforcement is brought.
8-4-10: RULE OF CONSTRUCTION:
This chapter shall be construed liberally to effectuate its purpose.
CHAPTER 5: FAIR HOUSING
8-5-1: DEFINITIONS:
As used in this chapter:
AGGRIEVED PERSON: Any person who:
A. Claims to have been injured by discriminatory housing practice.
B. Believes that such person will be injured by a discriminatory housing practice that
is about to occur.
COMPLAINANT: The person who files a complaint under section 8 -5-6 of this chap-
ter.
CONCILIATION: The attempted resolution of issues raised by a complaint, or by the
investigation of such complaint, through informal negotiations involving the ag-
grieved person, the respondent, and the commission.
CONCILIATION AGREEMENT: A written agreement setting forth the resolution of the
issues in conciliation.
DISCRIMINATORY HOUSING PRACTICE: An act that is unlawful under section 8 -
5-2, 8-5-4, or 8-5-5 of this chapter.
DWELLING: Any building, structure, or portion thereof which is occupied as, or de-
signed or intended for occupancy as, a residence by one or more families, and any
vacant land which is offered for sale or lease for the construction or location
thereon of any such building, structure, or portion thereof.
FAMILY: A single individual.
PERSON: An individual, corporation, partnership, association, labor organization, le-
gal representative, mutual company, joint stock company, trust, unincorporated
organizations, trustees, trustee in cases under title 11 of the United States code,
receiver, fiduciary, or any other legal entity.
PREVAILING PARTY: The same as such term has in section 722 of the revised stat-
utes of the United States (42 USC 1988).
RESPONDENT: A. The person or other entity accused in a complaint of an unfair
housing practice.
B. Any other person or entity identified in the course of investigation and notified as
required with respect to respondents so identified under subsection 8-5-6A of this
chapter.
SECRETARY: The U.S. secretary of housing and urban development.
STATE: The state of Iowa and any of its political subdivisions.
TO RENT: To lease, sublease, let, and otherwise grant for consideration the right to
occupy premises not owned by the occupant.
8-5-2: PROHIBITIONS:
It shall be unlawful:
A. To refuse to sell or rent after the making of a bona fide offer, or to refuse to
negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwell-
ing to any person because of race, color, religion, sex, familial status, national
origin, creed, age, disability, sexual orientation, or gender identity.
B. To discriminate against any person in the terms, conditions, or privileges of sale
or rental of a dwelling, or in the provisions of services or facilities in connection
therewith, because of race, color, religion, sex, familial status, national origin,
creed, age, disability, sexual orientation, or gender identity.
C. To make, print, or publish, or cause to be made, printed, or published any notice,
statement, or advertisement, with respect to the sale or rental of a dwelling that
indicates any preference, limitation, or discrimination based on race, color, reli-
gion, sex, familial status, national origin, creed, age, disability, sexual orientation,
or gender identity, or an intention to make any such preference, limitation, or dis-
crimination.
D. To represent to any person because of race, color, religion, sex, familial status,
national origin, creed, age, disability, sexual orientation, or gender identity that
any dwelling is not available for inspection, sale, or rental when such dwelling is
in fact so available.
E. For profit, to induce or attempt to induce any person to sell or rent any dwelling
by representations regarding the entry or prospective entry into the neighborhood
of a person or disabled persons of a particular race, color, religion, sex, familial
status, national origin, creed, age, disability, sexual orientation, or gender identity.
F. 1. To discriminate in the sale or rental, or to otherwise make unavailable or deny
a dwelling to any buyer or renter because of a disability of:
a. That buyer or renter.
b. A person residing in or intending to reside in that dwelling after it is sold, rented,
or made available.
c. Any person associated with that buyer or renter.
2. To discriminate against any person in the terms, conditions, or privileges of sale
or rental of a dwelling, or in the provisions of services or facilities in connection
with such dwelling, because of a disability of:
a. That person.
b. A person residing in or intending to reside in that dwelling after it is sold, rented,
or made available.
c. Any person associated with that person.
3. For purposes of this subsection, discrimination includes:
a. A refusal to permit, at the expense of the disabled person, reasonable modifi-
cations of existing premises occupied or to be occupied by such person if such
modifications may be necessary to afford such person full enjoyment of the
premises, except that, in the case of a rental, the landlord may, where it is
reasonable to do so, condition permission for a modification on the renter,
agreeing to restore the interior of the premises to the condition that existed
before the modification, reasonable wear and tear excepted.
b. A refusal to make reasonable accommodations in rules, policies, practices, or
services, when such accommodations may be necessary to afford such per-
son equal opportunity to use and enjoy a dwelling.
c. In connection with the design and construction of covered multi -family dwell-
ings for first occupancy after March 13, 1991, a failure to design and construct
those dwellings in such a manner that:
(1) The public use and common use portions of such dwellings are readily ac-
cessible to and usable by disabled persons.
(2) All the doors designed to allow passage into and within all premises within
such dwellings are sufficiently wide to allow passage by disabled persons in
wheelchairs.
(3) All premises within such dwellings contain the following features of adaptive
design:
(A) An accessible route into and through the dwelling.
(B) Light switches, electrical outlets, thermostats, and other environmental
controls in accessible locations.
(C) Reinforcements in bathroom walls to allow later installation of grab bars.
(D) Usable kitchens and bathrooms such that an individual in a wheelchair can
maneuver about the space.
4. Compliance with the appropriate requirements of the American national stand-
ard for buildings and facilities providing accessibility and usability for physically
disabled persons (commonly cited as ANSI A117.1) suffices to satisfy the re-
quirements of subsection F3c(3) of this section.
5. As used in this subsection, the term "covered multi-family dwellings" means:
a. Buildings consisting of four (4) or more units if such buildings have one or more
elevators.
b. Ground floor units in other buildings consisting of four (4) or more units.
6. Nothing in this subsection requires that a dwelling be made available to an indi-
vidual whose tenancy would constitute a direct threat to the health or safety of
other individuals or whose tenancy would result in substantial physical damage
to the property of others.
8-5-3: EXEMPTIONS:
A. Exemptions Enumerated: Nothing in section 8-5-2 of this chapter, other than sub-
section 8-5-2C of this chapter, shall apply to:
1. Any single-family house sold or rented by an owner; provided, that:
a. The private individual owner does not own more than three (3) such single -
family houses at any one time.
b. In the sale of any single-family house, the private individual owner does not
reside in, nor is the most recent resident of such house prior to such sale; the
exemption granted by this subsection shall apply to only one such sale within
a twenty four (24) month period.
c. The bona fide private individual owner does not own any interest in, nor is there
owned or reserved on the owner's behalf, under express of voluntary
agreement, title to, or any right to all or a portion of the proceeds from the sale
or rental of more than three (3) such single-family houses at one time.
d. There is no utilization in any manner of the sales or rental facilities or the sales
or rental services of any real estate broker, agent, salesperson, or of such
facilities or services of any person in the business of selling or renting dwell-
ings, or of any employee or agent of any such broker, agent, salesperson, or
person.
e. There is no publication, posting, or mailing, after notice, of any advertisement
or written notice in violation of subsection 8-5-2C of this chapter. Nothing in
this subsection prohibits the utilization of attorneys, escrow agents, abstrac-
tors, title companies, and other such professional assistance as necessary to
perfect or transfer the title.
2. Rooms or units in dwellings containing living quarters occupied or intended to
be occupied by no more than four (4) families living independently of each other,
if the owner actually maintains and occupies one of such living quarters as his
residence.
B. Selling Or Renting Dwellings: For the purposes of subsection A of this section, a
person shall be deemed to be in the business of selling or renting dwellings if:
1. The person has, within the preceding twelve (12) months, participated as prin-
cipal in three (3) or more transactions involving the sale or rental of any dwelling
or any interest therein.
2. The person has, within the preceding twelve (12) months, participated as agent,
other than in the sale of the person's own personal residence, in providing sales
or rental facilities or sales or rental services in two (2) or more transactions in-
volving the sale or rental of any dwelling or any interest therein.
3. The person is the owner of any dwelling designed or intended for occupancy by,
or occupied by, five (5) or more families.
C. Religious Or Nonprofit Organizations: Nothing in this chapter shall prohibit a reli-
gious organization, association, or society or any nonprofit institution or organi-
zation operated, supervised, or controlled by or in conjunction with a religious
organization, association, or society, from limiting the sale, rental, or occupancy
of dwellings which it owns or operates for other than a commercial purpose to
persons of the same religion, or from giving preference to such persons, unless
membership in such religion is restricted on account of race, color, sex, familial
status, national origin, creed, age, disability, sexual orientation, or gender identity.
Nor shall anything in this chapter prohibit a private club not in fact open to the
public, which as an incident to its primary purpose or purposes provides lodging
which it owns or operates for other occupancy of such lodging to its members or
from giving preference to its members.
D. Applicability Of Housing Regulations; Housing For Older Persons:
1. Nothing in this chapter limits the applicability of title 14, chapter 1 of this code
regarding the maximum number of occupants permitted to occupy a dwelling.
Nor does any provision in this chapter regarding familial status or age apply with
respect to housing for older persons.
2. As used in this section, "housing for older persons" means housing:
a. Provided under any state or federal program that the secretary determines is
specifically designed and operated to assist elderly persons, as defined in the
state or federal program.
b. Intended for, and solely occupied by, persons sixty two (62) years of age or
older.
c. Intended and operated for occupancy by at least one person fifty five (55) years
of age or older per unit. In determining whether housing qualifies as housing
for older persons under this subsection, the commission shall develop regula-
tions which require at least the following factors:
(1) That at least eighty percent (80%) of the units are occupied by at least one
person fifty five (55) years of age or older per unit.
(2) The publication of and adherence to policies and procedures which demon-
strate an intent by the owner or manager to provide housing for persons fifty
five (55) years of age or older.
3. Housing shall not fail to meet the requirements for housing for older persons by
reason of:
a. Persons residing in such housing as of the date of enactment of this chapter
who do not meet the age requirements of subsection D2b or D2c of this sec-
tion; provided, that new occupants of such housing meet the age requirements
of subsection D2b or D2c of this section.
b. Unoccupied units; provided, that such units are reserved for occupancy by
persons who meet the age requirements of subsection D2b or D2c of this sec-
tion.
4. Nothing in this chapter prohibits conduct against a person because such person
has been convicted by any court of competent jurisdiction of the illegal manu-
facture or distribution of a controlled substance as defined in the controlled sub-
stances act (21 USC 802) or a violation of the controlled substances chapter of
the Iowa Code
8-5-4: DISCRIMINATION IN RESIDENTIAL REAL ESTATE RELATED TRANSAC-
TIONS:
A. In General: It shall be unlawful for any person or other entity whose business
includes engaging in residential real estate related transactions to discriminate
against any person in making available such a transaction, or in the terms or
conditions of such a transaction, because of race, color, religion, sex, familial
status, national origin, creed, age, disability, sexual orientation, or gender identity.
B. Definition: As used in this section, the term "residential real estate related trans-
action" means any of the following:
1. The making or purchasing of loans or providing other financial assistance:
a. For purchasing, constructing, improving, repairing, or maintaining a dwelling.
b. Secured by residential real estate.
2. The selling, brokering, or appraising of residential real property.
C. Appraisal Exemption: Nothing in this chapter prohibits a person engaged in the
business of furnishing appraisals of real property to take into consideration fac-
tors other than race, color, religion, sex, familial status, national origin, creed,
age, disability, sexual orientation, or gender identity.
8-5-5: DISCRIMINATION IN PROVISION OF BROKERAGE SERVICES:
It shall be unlawful to deny any person access to or membership or participation in any
multiple listing services, real estate brokers' organization, or other service, organi-
zation, or facility relating to the business of selling or renting dwellings, or to discrim-
inate against such person in the terms or conditions of such access, membership,
or participation, on account of race, color, religion, sex, familial status, national
origin, creed, age, disability, sexual orientation, or gender identity.
8-5-6: ADMINISTRATIVE ENFORCEMENT; PRELIMINARY MATTERS:
A. Complaints And Answers:
1. An aggrieved person may, not later than three hundred (300) days after an al-
leged discriminatory housing practice has occurred or terminated, file a com-
plaint with the commission alleging such discriminatory housing practice. The
commission, on the commission's own initiative, a commissioner, or the city at-
torney's office may also file such a complaint.
2. Such complaints shall be in writing and shall contain such information and be in
such form as the commission requires.
3. The commission may also investigate housing practices to determine whether a
complaint should be brought under this section.
4. Upon the filing of such a complaint:
a. The commission shall serve notice upon the aggrieved person acknowledging
such filing and advising the aggrieved person of the time limits and choice of
forums provided under this chapter;
b. The commission shall, not later than ten (10) days after such filing or the iden-
tification of an additional respondent under subsection A7 of this section, serve
on the respondent a notice identifying the alleged discriminatory housing prac-
tice and advising such respondent of the procedural rights and obligations of
respondents under this chapter, together with a copy of the original complaint;
c. Each respondent may file, not later than ten (10) days after receipt of notice
from the commission, an answer to such complaint; and
d. The commission shall make an investigation of the alleged discriminatory
housing practice and complete such investigation within one hundred (100)
days after the filing of the complaint unless it is impracticable to do so.
5. If the commission is unable to complete the investigation within one hundred
(100) days after the filing of the complaint, the commission shall notify the com-
plainant and respondent in writing of the reasons for not doing so.
6. Complaints and answers shall be under oath or affirmation and may be reason-
ably and fairly amended at any time.
7. A person who is not named as a respondent in a complaint, but who is identified
as a respondent in the course of investigation, may be joined as an additional
or substitute respondent upon written notice. Such notice, in addition to meeting
the requirements of subsection A of this section, shall explain the basis for the
commission's belief that the person to whom the notice is addressed is properly
joined as a respondent.
B. Investigative Report And Conciliation:
1. Beginning with the filing of a complaint, the commission shall, to the extent fea-
sible, engage in conciliation with respect to such complaint.
2. A conciliation agreement arising out of such conciliation shall be an agreement
between the respondent and the complainant and shall be subject to approval
by the commission.
3. A conciliation agreement may provide for binding arbitration of the dispute aris-
ing from the complaint. Any such arbitration that results from a conciliation
agreement may award appropriate relief, including monetary relief.
4. Each conciliation agreement shall be made public unless the complainant and
respondent otherwise agree and the commission determines that disclosure is
not required to further the purposes of this chapter.
5. a. At the end of each investigation under this section, the commission shall pre-
pare a final investigative report containing:
(1) The names and dates of contacts with witnesses.
(2) A summary and the dates of correspondence and other contacts with the
aggrieved person and the respondent.
(3) A summary description of other pertinent records.
(4) A summary of witness statements.
(5) Answers to interrogatories.
b. A final report under this subsection may be amended if additional evidence is
later discovered.
C. Failure To Comply With Conciliation Agreement: Whenever the commission has
probable cause to believe that a respondent has breached a conciliation agree-
ment, the commission shall refer the matter to the city attorney's office with a
recommendation that a civil action be filed for the enforcement of such agree-
ment.
D. Prohibitions And Requirements With Respect To Disclosure Of Information:
1. Nothing said or done in the course of conciliation under this chapter may be
made public or used as evidence in a subsequent proceeding under this chapter
without the written consent of the persons concerned.
2. Notwithstanding subsection D1 of this section, the commission shall make avail-
able to the aggrieved person and the respondent, at any time, upon request
following completion of the commission's investigation, information derived from
an investigation and any final investigative report relating to that investigation.
E. Prompt Judicial Action: If the commission concludes at any time following the
filing of a complaint that prompt judicial action is necessary to carry out the pur-
poses of this chapter, the commission may authorize a civil action for appropriate
temporary or preliminary relief pending final disposition of the complaint under
this section. Upon receipt of such authorization, the city attorney's office shall
promptly commence and maintain such an action. Any temporary restraining or-
der or other order granting preliminary or temporary relief shall be issued in ac-
cordance with the Iowa rules of civil procedure. The commencement of a civil
action under this subsection does not affect the initiation of continuation of ad-
ministrative proceedings under this chapter.
8-5-7: PROBABLE CAUSE DETERMINATION AND EFFECT:
A. Issuance Of Determination: If the commission determines that probable cause
exists to believe that a discriminatory housing or real estate practice has occurred
or is about to occur, the commission shall immediately issue a determination
unless the commission determines that the legality of a zoning or land use law or
ordinance is involved as provided in subsection D of this section.
B. Conditions Of Determination: A cause determination must:
1. Consist of a short and plain statement of the facts on which the commission has
found probable cause to believe that a discriminatory housing or real estate
practice has occurred or is about to occur.
2. Be based on the final investigative report.
3. Need not be limited to the facts or grounds alleged in the complaint.
C. Distribution Of Copies Of Determination: Not later than twenty (20) days after the
commission issues a cause determination, the commission shall send a copy of
the determination with information as to how to make an election under section
8-5-9 of this chapter to all of the following persons:
1. Each respondent.
2. Each aggrieved person on whose behalf the complaint was filed.
D. Land Use Issues: If the commission determines that the matter involves the le-
gality of a state or local zoning or other land use ordinance, the commission shall
not issue a determination and shall immediately refer the matter to the city attor-
ney's office for appropriate action.
E. Dismissal Of Complaint: If the commission determines that no probable cause
exists to believe that a discriminatory housing or real estate practice has occurred
or is about to occur, the commission shall promptly dismiss the complaint. The
commission shall make public disclosure of each dismissal under this chapter.
F. Trial Or Civil Action: The commission shall not issue a determination under this
subsection regarding an alleged discriminatory housing or real estate practice
after the beginning of the trial of a civil action commenced by the aggrieved party
under federal or state law seeking relief with respect to the discriminatory housing
or real estate practice.
8-5-8: SUBPOENAS; GIVING OF EVIDENCE:
A. In General: The commission may issue subpoenas and order discovery in aid of
investigations and hearings under this chapter. Such subpoenas and discovery
may be ordered to the same extent and subject to the same limitations as would
apply for county attorney subpoenas.
B. Criminal Penalties:
1. Any person who willfully fails or neglects to attend and testify or to answer any
lawful inquiry or to produce records, documents, or other evidence, if it is in such
person's power to do so, in obedience to a subpoena or other lawful order under
subsection A of this section, shall be referred to the city attorney's office or the
county attorney's office for prosecution.
2. Any person who, with intent thereby to mislead another person in any proceed-
ing under this chapter, does the following shall be referred to the city attorney's
office or the county attorney's office for prosecution:
a. Makes or causes to be made any false entry or statement of fact in any report,
account, record, or other document produced pursuant to subpoena or other
lawful order under subsection A of this section;
b. Willfully neglects or fails to make or to cause to be made full, true, and correct
entries in such reports, accounts, records, or other documents;
c. Willfully mutilates, alters, or by any other means falsifies any documentary ev-
idence.
8-5-9: ENFORCEMENT BY COMMISSION:
A. Election Of Judicial Determination: When a probable cause determination has
been issued, a complainant, a respondent, or an aggrieved person on whose
behalf the complaint was filed may elect to have the claims asserted in that com-
plaint decided in a civil action under section 8-5-12 of this chapter in lieu of a
hearing under subsection F of this section. The election must be made not later
than twenty (20) days after the receipt by the electing person of service under
section 8-5-7 of this chapter, or, in the case of the commission, not later than
twenty (20) days after such service. The person making such election shall give
notice of doing so to the commission and to all other complaints and respondents
to whom the complaint relates.
B. Administrative Law Judge Hearing In Absence Of Election: If an election is not
made under subsection A of this section with respect to a complaint, the commis-
sion shall provide an opportunity for a hearing on the record with respect to the
complaint issued under section 8-5-6 of this chapter. The commission shall dele-
gate the conduct of a hearing under this section to an administrative law judge
appointed by the commission.
C. Rights Of Parties: At a hearing under this section, each party may appear in
person, be represented by counsel, present evidence, cross examine witnesses,
and obtain the issuance of subpoenas under section 8 -5-8 of this chapter. Any
aggrieved person may intervene as a party in the proceeding. The Iowa rules of
evidence apply to the presentation of evidence in such hearing as they would in
a civil action in the Iowa district court.
D. Expedited Discovery And Hearing:
1. Discovery in administrative proceedings under this section shall be conducted
as expeditiously and inexpensively as possible, consistent with the need of all
parties to obtain relevant evidence.
2. A hearing under this section shall be conducted as expeditiously and inexpen-
sively as possible, consistent with the needs and rights of the parties to obtain
a fair hearing and a complete record.
E. Resolution Of Charge: Any resolution of a charge before a final order under this
section shall require the consent of the aggrieved person on whose behalf the
charge is issued.
F. Hearings, Findings, Conclusions And Order:
1. The administrative law judge shall commence the hearing under this section no
later than one hundred twenty (120) days following the probable cause determi-
nation, unless it is impracticable to do so. If the administrative law judge is una-
ble to commence the hearing within one hundred twenty (120) days after the
determination, the administrative law judge shall notify the commission, the ag-
grieved person on whose behalf the charge was filed, and the respondent, in
writing, of the reasons for not doing so.
2. The administrative law judge shall make findings of fact and conclusions of law
within sixty (60) days after the end of the hearing under this section, unless it is
impracticable to do so. If the administrative law judge is unable to make findings
of fact and conclusions of law within such period, or any succeeding sixty (60)
day period thereafter, the administrative law judge shall notify the commission,
the aggrieved person on whose behalf the charge was filed and the respondent,
in writing, of the reasons for not doing so.
3. If the administrative law judge finds that a respondent has engaged or is about
to engage in a discriminatory housing practice, such administrative law judge
shall promptly issue an order for such relief as may be appropriate, which may
include actual damages suffered by the aggrieved person and injunctive or other
equitable relief. Such order may, to vindicate the public interest, assess a civil
penalty against the respondent in an amount not to exceed those established
by the federal fair housing act in section 42 USC 3612.
4. No such order shall affect any contract, sale, encumbrance, or lease consum-
mated before the issuance of such order and involving a bona fide purchaser,
encumbrancer, or tenant without actual notice of the charge filed under this
chapter.
5. In the case of an order with respect to a discriminatory housing practice that
occurred in the course of a business subject to licensing or regulation by a gov-
ernmental agency, the commission shall, not later than thirty (30) days after the
date of the issuance of such order or if such order is judicially reviewed, thirty
(30) days after such order is in substance affirmed upon such review:
a. Send copies of the findings of fact, conclusion of law, and the order to that
governmental agency.
b. Recommend to that governmental agency appropriate disciplinary action in-
cluding, where appropriate, the suspension or revocation of the license of the
respondent.
6. If the administrative law judge finds that the respondent has not engaged or is
not about to engage in a discriminatory housing practice, as the case may be,
such administrative law judge shall enter an order dismissing the charge. The
commission shall make public disclosure of each such dismissal.
7. An administrative law judge may not continue administrative proceedings under
this section regarding any alleged discriminatory housing practice after the be-
ginning of the trial of a civil action commenced by the aggrieved party under a
federal or state law, seeking relief with respect to that discriminatory housing
practice.
8-5-10: REVIEW BY COMMISSION; SERVICE OF FINAL ORDER:
A. The commission may review any finding, conclusion, or order issued under sec-
tion 8-5-9 of this chapter. Such review shall be completed not later than sixty (60)
days after the finding, conclusion, or order is so issued; otherwise the finding,
conclusion, or order becomes final.
B. The commission shall cause the findings of fact and conclusions of law made
with respect to any final order for relief under this section, together with a copy of
such order, to be served on each aggrieved person and each respondent in the
proceeding.
8-5-11: JUDICIAL REVIEW:
A. Review Of Order: Any party aggrieved by a final order for relief under this section
granting or denying in whole or in part the relief sought may obtain review of such
order by filing a petition for review not later than thirty (30) days after the order is
issued in the Iowa district court pursuant to chapter 17A, code of Iowa.
B. Court Enforcement Of Administrative Order Upon Petition By Commission:
1. The commission may petition the Iowa district court in which any respondent
resides or transacts business for the enforcement of the order of the adminis-
trative law judge and for appropriate temporary relief or restraining order by filing
in such court a written petition praying that such order be enforced and for ap-
propriate temporary relief or restraining order.
2. The commission shall file in court with the petition the record of the proceeding.
A copy of such petition shall be forthwith transmitted by the commission to the
parties to the proceeding before the administrative law judge.
C. Relief Which May Be Granted:
1. Upon the filing of a petition under section 8 -5-6 of this chapter, the court may,
pursuant to section 216.17 of the code of Iowa:
a. Grant to the petitioner, or any other party, such temporary relief, restraining
order, or other order as the court deems just and proper.
b. Affirm, modify, or set aside, in whole or in part, the order, or remand the order
for further proceedings.
c. Enforce such order to the extent that such order is affirmed or modified.
2. Any party to the proceeding before the administrative law judge may intervene
on appeal to the court.
3. No objection not made before the administrative law judge shall be considered
by the court, unless the failure or neglect to urge such objection is excused
because of extraordinary circumstances.
D. Court Enforcement Of Administrative Order Upon Petition Of Any Person Entitled
To Relief: After a final order of the commission, any person entitled to relief under
the order may petition for a decree enforcing the order in the Iowa district court
in Dubuque County, Iowa.
E. Civil Action For Enforcement When Election Is Made For Such Civil Action:
1. If an election is made under subsection 8-5-7C of this chapter, the commission
shall authorize, not later than thirty (30) days after the election is made, the city
attorney's office to commence and maintain a civil action on behalf of the ag-
grieved person in the Iowa district court in and for Dubuque County seeking
relief under this subsection in accordance with section 216.16A of the code of
Iowa.
2. Any aggrieved person with respect to the issues to be determined in a civil action
under this subsection may intervene as of right in that civil action.
3. In a civil action under this subsection, if the court finds that a discriminatory
housing practice has occurred or is about to occur, the court may grant as relief
any relief which a court could grant with respect to such discriminatory housing
practice in a civil action under section 8-5-12 of this chapter. Any relief so
granted that would accrue to an aggrieved person in a civil action commenced
by that aggrieved person under section 8 -5-12 of this chapter shall also accrue
to that aggrieved person in a civil action under this subsection. If monetary relief
is sought for the benefit of an aggrieved person who does not intervene in the
civil action, the court shall not award such relief if that aggrieved person has not
complied with discovery orders entered by the court.
F. Attorney Fees: In any administrative proceeding brought under this section or any
court proceeding arising therefrom or any civil action, the administrative law judge
or the court, as the case may be, in its discretion, may allow the prevailing party,
other than the commission, reasonable attorney fees and costs.
8-5-12: ENFORCEMENT BY PRIVATE PERSONS:
A. Civil Action:
1. An aggrieved person may commence a civil action in an appropriate United
States district court or state court not later than two (2) years after the occur-
rence or the termination of an alleged discriminatory housing practice, or the
breach of a conciliation agreement entered into under this chapter, whichever
occurs last, to obtain appropriate relief with respect to such discriminatory hous-
ing practice or breach.
2. The computation of such two (2) year period shall not include any time during
which an administrative proceeding under this chapter was pending with respect
to a complaint or charge under this chapter based upon such discriminatory
housing practice. This subsection does not apply to actions arising from a
breach of a conciliation agreement.
B. Conciliation Agreement Precludes Action: An aggrieved person may commence
a civil action under this subsection whether or not a complaint has been filed
under section 8-5-6 of this chapter and without regard to the status of any such
complaint, but if the commission or the Iowa civil rights commission has obtained
a conciliation agreement with the consent of an aggrieved person, no action may
be filed under this subsection by such aggrieved person with respect to the al-
leged discriminatory housing practice which forms the basis for such complaint
except for the purpose of enforcing the terms of such an agreement.
C. Administrative Hearing Precludes Civil Action: An aggrieved person may not
commence a civil action under this subsection with respect to an alleged discrim-
inatory housing practice if an administrative law judge has commenced a hearing
on the record under this chapter with respect to such charge.
D. Appointment Of Attorney By Court: Upon application by a person alleging a dis-
criminatory housing practice or a person against whom such a practice is alleged,
the court may:
1. Appoint an attorney for such person.
2. Authorize the commencement or continuation of a civil action under subsection
A of this section without the payment of fees, costs, or security if in the opinion
of the court such person is financially unable to bear the costs of such action.
E. Relief Which May Be Granted:
1. In a civil action under subsection A of this section, if the court finds that a dis-
criminatory housing practice has occurred or is about to occur, the court may
award to the plaintiff actual and punitive damages and, subject to subsection F
of this section, may grant as relief, as the court deems appropriate, any perma-
nent or temporary injunction, temporary restraining order, or other order, includ-
ing an order enjoining the defendant from engaging in such practice or ordering
such affirmative action as may be appropriate.
2. In a civil action under subsection A of this section, the court, in its discretion,
may allow the prevailing party reasonable attorney fees and costs.
F. Effect On Certain Sales, Encumbrances And Rentals: Relief granted under this
section shall not affect any contract, sale, encumbrance, or lease consummated
before the granting of such relief and involving a bona fide purchaser, encum-
brancer, or tenant without actual notice of the filing of a complaint or civil action
under this chapter.
G. Intervention By City Attorney's Office: Upon timely application, the city attorney's
office may intervene in such civil action, if the city attorney's office certifies that
the case is of general public importance. Upon such intervention, the city attor-
ney's office may obtain such relief as would be available to the city attorney's
office under section 8-5-13 of this chapter in a civil action to which such section
applies.
8-5-13: ENFORCEMENT BY CITY ATTORNEY'S OFFICE:
A. Probable Cause: On the request of the commission, the city attorney's office may
file a civil action in the district court for appropriate relief if the commission has
probable cause to believe that any of the following applies:
1. A person is engaged in a pattern or practice of resistance to the full enjoyment
of any housing right granted by this chapter.
2. A person has been denied any housing right granted by this chapter and that
denial raises an issue of general public importance.
B. Legal Action; Enforcement: The commission may request the city attorney's office
to take appropriate legal action of a discriminatory housing practice or to enforce
a conciliation agreement.
1. The city attorney's office may commence a civil action in any appropriate court
for appropriate relief with respect to a discriminatory housing practice referred
to the city attorney's office.
2. A civil action under this subsection may be commenced no later than the expi-
ration of the two (2) years after the date of the occurrence of the termination of
the alleged discriminatory housing practice as provided in section 216.16A of
the code of Iowa.
3. The city attorney's office may commence a civil action in any appropriate court
for appropriate relief with respect to breach of a conciliation agreement referred
to the city attorney's office by the commission.
4. A civil action may be commenced under this subsection no later than the expi-
ration of ninety (90) days after the referral of the alleged breach under subsec-
tion 8-5-6C of this chapter.
5. The city attorney's office, on behalf of the commission or other party at whose
request a subpoena is issued under this chapter, may enforce such subpoena
in appropriate proceedings in the district court for the district in which the person
to whom the subpoena was addressed resides, was served, or transacts busi-
ness.
6. Relief may be granted in civil actions under subsections A and B of this section
in accordance with section 216.17A of the code of Iowa. In a civil action under
subsection A or B of this section, the court:
a. May award such preventive relief, including a permanent or temporary injunc-
tion, restraining order, or other order against the person responsible for a vio-
lation of this chapter as is necessary to assure the full enjoyment of the rights
granted by this chapter.
b. May award such other relief as the court deems appropriate, including mone-
tary damages to the person aggrieved.
c. May, to vindicate the public interest, assess a civil penalty against the respond-
ent:
(1) In an amount not exceeding fifty thousand dollars ($50,000.00) for a first
violation.
(2) In an amount not exceeding one hundred thousand dollars ($100,000.00) for
any subsequent violation.
C. Attorney Fees And Costs: In a civil action under this section, the court, in its
discretion, may allow the prevailing party reasonable attorney fees and costs.
D. Intervention In Civil Actions: Upon timely application, any person may intervene
in a civil action commenced by the city attorney's office under subsection A or B
of this section, which involves an alleged discriminatory housing practice with
respect to which such person is an aggrieved person or a conciliation agreement
to which such person is a party. The court may grant such appropriate relief to
any such intervening party as is authorized to be granted to a plaintiff in a civil
action under section 8-5-12 of this chapter.
8-5-14: COOPERATION WITH STATE AND FEDERAL AGENCIES:
The commission may cooperate with state and federal agencies charged with the ad-
ministration of state and federal fair housing laws and, with the consent of such
agencies, utilize the services of such agencies and their employees and, in further-
ance of such cooperative efforts, the commission may enter into written agreements
with such state or federal agencies.
8-5-15: INTERFERENCE, COERCION OR INTIMIDATION; ENFORCEMENT BY
CIVIL ACTION:
It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the
exercise or enjoyment of, or on account of such person having aided or encouraged
any other person in the exercise or enjoyment of, any right granted or protected by
this chapter.
8-5-16: VIOLATIONS; BODILY INJURY; DEATH; PENALTIES:
Whoever, whether or not acting under color of law, by force or threat of force willfully
injures, intimidates, or interferes with, or attempts to injure, intimidate, or interfere
with the following described persons shall be referred to the county attorney's office
for prosecution:
A. Any person because of such person's race, religion, sex, familial status, national
origin, creed, age, disability, sexual orientation, or gender identity and because
such person is or has been selling, purchasing, renting, financing, occupying, or
contracting or negotiating for the sale, purchase, rental, financing, or occupation
of any dwelling, or applying for or participating in any service, organization, or
facility relating to the business of selling or renting dwellings.
B. Any person because such person is or has been, or in order to intimidate such
person or any other person or any class of persons from:
1. Participating, without discrimination on account of race, color, religion, sex, fa-
milial status, national origin, creed, age, disability, sexual orientation, or gender
identity in the activities, services, organizations, or facilities described in sub-
section A of this section.
2. Affording another person or class of persons opportunity or protection so to par-
ticipate.
C. Any citizen because such person is or has been, or in order to discourage such
citizen or any other citizen from lawfully aiding or encouraging other persons to
participate, without discrimination on account of race, color, religion, sex, familial
status, national origin, creed, age, disability, sexual orientation, or gender identity
in any of the activities, services, organizations, or facilities described in subsec-
tion A of this section, or participating lawfully in speech or peaceful assembly
opposing any denial of the opportunity to so participate.
8-5-17: DISCLAIMER OF PREEMPTIVE EFFECT:
Nothing in this chapter limits any right, procedure, or remedy available under the fed-
eral or state constitution.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 14th day of July 2025.
Brad M. Cavanagh, Mayor
Attest: Trish Gleason, Assistant City Clerk
ADJOURNMENT
There being no further business, Mayor Cavanagh declared the meeting adjourned at
7:15 p.m.
/s/Trish Gleason, MMC, Assistant City Clerk