Chapter 27 Code of Ordinances Human Rights Recommended ChangesTHE CITY OF Dubuque
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V B E alaAmeriac~r
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Masterpiece on the Mississippi
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Recommended Changes to Chapter 27, Dubuque Code of Ordinances
DATE: March 27, 2009
Human Rights Director Kelly Larson recommends City Council approval of modifications
to Chapter 27 of the Dubuque Code of Ordinances so that it remains consistent with
recent federal changes to the Americans with Disabilities Act and the Equal Pay Act.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Kelly Larson, Human Rights Director
THE CITY OF
DUB E
Masterpiece on the Mississippi
MEMORANDUM
March 20, 2009
To: Michael Van Milligen, City Manager
From: Kelly Larson, Human Rights Director
Subject: Recommended Changes to Chapter 27, Dubuque Code of Ordinances
Attached are proposed modifications to Chapter 27 of the Dubuque Code of
Ordinances. At its meeting on March 9, 2009, the Human Rights Commission voted in
favor of recommending that the City Council update the Human Rights Ordinance so
that it remains consistent with recent federal changes to the Americans with Disabilities
Act and the Equal Pay Act.
On January 1, 2009, significant amendments to the Americans with Disabilities Act
(ADA) went into effect. The amendments were expressly designed by Congress to
overrule United States Supreme Court interpretations of the ADA that had severely
restricted the coverage of the ADA. Our local ordinance was modeled after the original
ADA and includes the same language that was narrowly interpreted by the Supreme
Court. Consequently, if the language in our ordinance remains unchanged, we may
have difficulty pursuing certain claims of disability discrimination that would be otherwise
covered under the new federal law.
Also in January 2009, an amendment was made to Title VII, the law that prohibits
discrimination in employment based on sex, among other things. This amendment was
designed by Congress to overrule a United States Supreme Court ruling limiting the
remedies available to someone who received lower compensation because of sex. In
the case at issue, the female supervisor was paid lower wages than male supervisors
for more than twenty years. She discovered this disparity when someone gave her an
anonymous note. The Supreme Court ruled that she could not recover for the years of
lost pay that occurred outside the 180 day timeline for filing a claim, despite the fact that
she was unaware for years that the discrimination was occurring. The changes that
have been made to the federal law will now allow someone who proves that they have
received discriminatory pay to recover that lost pay so long as they file the claim within
180 days of receiving their most recent discriminatory paycheck. The attached
ordinance includes proposed changes that would be consistent with the recent federal
changes to Title VII.
Attached you will find one document that has the substantive proposed changes
highlighted in yellow. In addition, you will find a clean copy of the entire ordinance, as
Assistant City Attorney Crenna Brumwell recommends that we take an approach of
repealing the entire chapter and re-adopting it with the inclusion of the new changes.
The Human Rights Commission recommends that the City Council amend Chapter 27
to make it consistent with these changes to federal law and Crenna and I concur.
cc: Crenna Brumwell
ORDINANCE NO. 18-09
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING
CHAPTER 27 HUMAN RIGHTS AND ADOPTING A NEW CHAPTER 27 HUMAN
RIGHTS IN LIEU THEREOF.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Chapter 27 of the City of Dubuque Code of Ordinances is amended
as set forth in the attached Chapter 27 Human Rights.
Section 2. This Ordinance shall take effect on publication.
Passed, approved and adopted the 6th day of April, 2009.
Roy D. Buol, Mayor
Attest:
Kevin S. Finrstahl, Assistant City Clerk
Chapter 27
HUMAN RIGHTS
ARTICLE I. IN GENERAL
Sec. 27-1. Definitions.
When used in this Chapter, the following terms shall have the meanings ascribed herein
unless the context otherwise requires:
Auxiliary aids and services means:
(1) Qualified interpreters or other effective methods of making aurally
delivered materials available to individuals with hearing impairments;
(2) Qualified readers, taped texts, or other effective methods of making
visually delivered materials available to individuals with visual impairments;
(3) Acquisition or modification of equipment or devices;
(4) Other similar services and actions.
Commission means the Dubuque Human Rights Commission created by Article II of this
Chapter.
Court means the Iowa District Court in and for Dubuque County.
Covered entity means an employer, employment agency, labor organization, or joint
labor management committee.
Direct threat means a significant risk to the health or safety of others that cannot be
eliminated by reasonable accommodation.
Disability, with respect to an individual, means:
(1) A physical or mental impairment that substantially limits one (1) 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 complex, 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 Chapter, does not preclude the application of the provisions of
this Chapter to conditions resulting from other contagious or infectious diseases.
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As described, major life activities:
a. Include, but are not limited to, caring for oneself, performing manual
tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending,
speaking, breathing, learning, reading, concentrating, thinking,
communicating, and working.
b. Also include the operation of a major bodily function, including but
not limited to, functions of the immune system, normal cell growth,
digestive, bowel, bladder, neurological, brain, respiratory, circulatory,
endocrine, and reproductive functions.
(2) A record of such an impairment;
(3) Being regarded as having such an impairment, as described:
a. An individual meets the requirement of being regarded as having
such an impairment if the individual establishes that he or she has been
subjected to an action prohibited under this Article 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.
b. 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.
(4) The definition of disability shall be construed in accordance with the
following:
a. In favor of broad coverage of individuals under this Article, to the
maximum extent permitted by the terms of this Article.
b. Substantially limits shall be interpreted consistently with the findings
and purposes of the ADA Amendments Act of 2008.
c. An impairment that substantially limits one (1) major life activity
need not limit other major life activities in order to be considered a
disability.
d. An impairment that is episodic or in remission is a disability if it
would substantially limit a major life activity when active.
e. 1. 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:
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i. Medication, medical supplies, equipment, appliances,
low-vision devices (which do not include ordinary eyeglasses
or contact lenses), prosthetics including limbs and devices,
hearing aids and cochlear implants or other implantable
hearing devices, mobility devices, or oxygen therapy
equipment and supplies;
ii. Use of assistive technology;
iii. Reasonable accommodations or auxiliary aids or
services;
iv. Learned behavioral or adaptive neurological
modifications.
2. The ameliorative effects of the mitigating measures of
ordinary eyeglasses or contact lenses shall be considered in
determining whether an impairment substantially limits a major life
activity.
3. As used in this Section:
i. Ordinary eyeglasses or contact lenses means lenses
that are intended to fully correct visual acuity or eliminate
refractive error;
ii. Low-vision devices means devices that magnify,
enhance, or otherwise augment a visual image.
Drug means a controlled substance as defined in the Code of Iowa.
Employee means an individual employed by an employer.
Employer means the state or any political subdivision, board, commission, department,
institution, or school district thereof, and every other person employing employees
within the state.
Employment agency means any person undertaking to procure employees or
opportunities to work for any other person or any person holding such person or itself to
be equipped to do so.
Familial status means one (1) or more individuals who have not attained the age of
eighteen (18) years being domiciled with:
(1) A parent or other person having legal custody of such individual or
individuals;
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(2) The designee of such parent or other person having such custody, with
the written permission of such parent or other person;
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 means a gender related identity of a person, regardless of the person's
assigned sex at birth.
Labor organization means 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
employment.
Person means 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 means each and every place, establishment, or facility of
whatever kind, nature, or class that caters or offers services, facilities, or goods for a fee
or charge to nonmembers of any organization or association utilizing the place,
establishment, or facility, provided that any place, establishment, or facility that caters or
offers services, facilities, or goods to the nonmembers gratuitously shall be deemed a
public accommodation if the accommodation receives any governmental support or
subsidy. Public accommodation shall not mean any bona fide private club or other
place, establishment, or facility which is by its nature distinctly private, except when
such distinctly private place, establishment, or facility caters or offers services, facilities,
or goods to the nonmembers for a fee or charge or gratuitously, it shall be deemed a
public accommodation during such period. 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 means, with respect to Article 4, Division 4, an
individual with a disability who, with or without reasonable accommodation, can perform
the essential functions of the employment position that such individual holds or desires.
For the purposes of this Chapter, 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 means 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:
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(1) The nature and cost of the action needed under this Chapter;
(2) 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 action upon the
operation of the facility;
(3) The overall financial resources of the covered entity, the overall size of the
business of a covered entity with respect to the number of its employees, and the
number, type, and location of its facilities;
(4) The type of operation or operations of the covered entity, including the
composition, 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 means:
(1) Making existing facilities used by employees readily accessible to and
usable by individuals with disabilities;
(2) Job restructuring, part-time or modified work schedules, reassignment to a
vacant position, acquisition or modification of equipment or devices, appropriate
adjustment or modifications of examinations, training materials or policies, the
provision of qualified readers or interpreters, and other similar accommodations
for individuals with disabilities.
Sexual orientation means a person's actual, history of, or perceived heterosexuality,
homosexuality, or bisexuality but not including participation in conduct that is prohibited
by law.
State means 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 means 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:
(1) The nature and cost of the accommodation needed under this Chapter;
(2) The overall financial resources of the facility or facilities involved in the
provision of the reasonable accommodation, the number of persons employed at
such facility, the effect on expenses and resources, or the impact otherwise of
such accommodation upon the operation of the facility;
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(3) The overall financial resources of the covered entity, the overall size of the
business of a covered entity with respect to the number of its employees, and the
number, type, and location of its facilities;
(4) The type of operation or operations of the covered entity including the
composition, 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 means those practices specified as unfair or
discriminatory in Articles IV and VI of this Chapter.
Secs. 27-2 - 27-15. Reserved.
ARTICLE II. HUMAN RIGHTS COMMISSION
Sec. 27-16. Created.
There is hereby created a Human Rights Commission.
Sec. 27-17. Composition.
The Human Rights Commission created by this Article shall consist of nine (9)
members.
Sec. 27-18. Appointment; Terms; Filling of Vacancies.
The Human Rights Commission members shall be appointed by the City Council for
terms of three (3) years each and shall serve thereafter until a successor has been
appointed. Vacancies shall be filled for the remainder of the unexpired term.
Appointments shall take into consideration the various racial, religious, cultural, and
social groups of the City.
Sec. 27-19. Officers.
The Human Rights Commission created by this Article shall elect from its own
membership, at its regular March meeting, its chairperson and vice chairperson, each to
serve a term of one (1) year. The chairperson shall appoint a secretary, who need not
be a member of the Commission. The Commission shall fill vacancies among its officers
for the remainder of the unexpired term.
Sec. 27-20. Compensation.
The members of the Human Rights Commission created by this Article shall serve
without compensation; provided that they may receive reimbursement for necessary
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travel and other expenses while on official Commission business and such shall be
within the limits established in the City budget.
Sec. 27-21. Removal of Members for Unexcused Absences.
In the event a member of the Human Rights Commission created by this Article has
been absent for three (3) or more consecutive meetings without being excused by the
chairperson, the Commission by majority vote may certify such fact to the City Council
and petition the City Council to declare a vacancy by reason of such unexcused
absence and appoint a successor to fill such vacancy.
Sec. 27-22. Rules.
The Human Rights Commission created by this Article may adopt, amend, or rescind
such rules as may be necessary for the conduct of its business.
Sec. 27-23. Meetings.
(a) The Human Rights Commission shall meet not less than monthly on a regular
basis.
(b) The chairperson, the vice chairperson, or any three (3) members of the Human
Rights Commission may call a special meeting by giving at least twenty-four (24) hours
notice to every other member of the Commission. The call for a special meeting shall
include an agenda and only matters included in that agenda may be acted on at the
meeting.
(c) All meetings of the Human Rights Commission shall be held in conformance with
the Iowa Open Meetings Law.
(d) Members of the Human Rights Commission shall attend at least two-thirds (2/3)
of all regularly scheduled meetings within any twelve (12) month period. If any member
does not attend such prescribed number of meetings, it shall constitute grounds for the
Commission to recommend to the City Council that said member be replaced.
Attendance of all members shall be entered on the minutes.
Sec. 27-24. Quorum.
A quorum of the Human Rights Commission shall be five (5) members. A majority of the
members present and voting shall be necessary for the passage of any motion. The
chairperson shall vote as a member of the Commission.
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Sec. 27-25. Records to be Public; Exceptions.
All records of the Human Rights Commission shall be public except charges,
complaints, reports of investigations, statements, and other documents or records
obtained in investigation of any charges shall be closed records.
Sec. 27-26. Confidentiality of Complaints, Etc.
No member of the Human Rights Commission or its staff shall 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 made 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 filing of a charge or complaint or the matter therein complained of.
Sec. 27-27. Powers and Duties.
The Human Rights Commission created by this Article shall have the following powers
and duties:
(1) To receive, investigate, and finally determine the merits of complaints
alleging unfair or discriminatory practices;
(2) To investigate and study the existence, character, causes, and extent of
discrimination in public accommodations, 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 by
education and conciliation;
(3) To hold hearings upon any complaint made against a person, an
employer, an employment agency, a labor organization, or the employees or
members thereof, to subpoena witnesses and compel their attendance at such
hearings, to administer oaths and take the testimony of any person under oath
and to compel such person, employer, employment agency, labor organization,
or employees or members thereof, to produce for examination any books and
papers relating to any matter involved in such complaint. The Commission shall
issue subpoenas for witnesses in the same manner and for the same purpose on
behalf of the respondent upon the respondent's request. Such hearings may be
held by the Commission, by any Commissioner, or by any hearing examiner
appointed by the Commission. If a witness either fails or refuses to obey a
subpoena issued by the Commission, the Commission may petition the district
court having jurisdiction for issuance of a subpoena and the court shall, in a
proper case, issue the subpoena. Refusal to obey such subpoena shall be
subject to punishment for contempt;
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(4) To issue such publication and reports of investigations and research as in
the judgment of the Commission shall promote civil and respectful behavior
which shall tend to eliminate discrimination;
(5) To prepare and transmit to the Mayor and City Council from time to time,
but not less often than once each year, reports describing its proceedings,
investigations, hearings conducted, and the outcome thereof, decisions
rendered, and the other work performed by the Commission;
(6) To make recommendations to the City Council concerning discrimination;
(7) 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 eliminate discrimination or cultural and
intergroup tensions;
(8) To adopt, publish, amend, and rescind regulations consistent with and
necessary for the enforcement of this Chapter;
(9) To delegate any of its functions, duties, and powers to its staff including
functions, duties, and powers with respect to investigating, conciliating,
determining, certifying, reporting, or otherwise acting as to any work, business, or
matter under this Chapter;
(10) To receive, administer, dispense, and account for any restricted funds that
may be voluntarily contributed to the Commission and any grants that may be
awarded the Commission for furthering the purposes of this Chapter. No
disbursements will be made of any restricted funds without authority from the City
Council.
Sec. 27-28. Administrative and Other Policies of City Applicable To Commission
Operations.
All administrative, personnel, accounting, budgetary, and procurement policies of the
City shall govern the Human Rights Commission in all its operations.
Sec. 27-29. Subpoenas.
The Human Rights Commission may is
investigations under this Chapter. Such
the same extent and subject to the same
subpoenas.
sue subpoenas and order discovery in aid of
subpoenas and discovery may be ordered to
limitations as would apply for county attorney
Secs. 27-30 - 27-50. Reserved.
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ARTICLE III. RESERVED
ARTICLE IV. UNFAIR AND DISCRIMINATORY PRACTICES
DIVISION 1. GENERALLY
Sec. 27-51. 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
engage in any of the practices declared unfair or discriminatory by this Chapter;
(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
gender identity by this Article because such person has lawfully opposed any
practice forbidden under this Article, obeys the provisions of this Article, or has
filed a complaint, testified, or assisted in any proceeding under this Chapter;
(3) Any person to discriminate against another person because of the
person's relationship or association with a person protected under this Chapter.
Sec. 27-52. Sex and Age Discrimination Provisions Not Applicable to Retirement Plans;
Exception.
The provisions of this Chapter 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 Chapter.
(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 abortion.
(3) An employee welfare plan may provide life, disability, or health insurance
benefits which vary by age based on actuarial differences if the employer
contributes 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.
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Sec. 27-53. Sexual Harassment Victim Protection.
Evidence concerning the past sexual behavior of an alleged victim of sexual
harassment shall not be admissible in any proceeding before the Human Rights
Commission.
Secs. 27-54 - 27-60. Reserved.
DIVISION 2. ACCOMMODATIONS OR SERVICES
Sec. 27-61. Prohibited Practices.
It shall be an unfair or discriminatory practice for any owner, lessee, sublessee,
proprietor, manager, or superintendent of any public accommodation 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, advantages, facilities, services, or privileges thereof, or
otherwise to discriminate against any person because of race, creed, color, sex,
age, national origin, religion, sexual orientation, or gender identity in the
furnishing of such accommodations, 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, national origin, religion, sexual orientation, or gender identity is unwelcome,
objectionable, not acceptable, or not solicited.
Sec. 27-62. Exemptions from Division.
This Division 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 owner's or occupant's family reside therein;
(3) Discounts for services or accommodations based upon age.
Secs. 27-63 - 27-70. Reserved.
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DIVISION 3. EMPLOYMENT PRACTICES
Sec. 27-71. 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 discriminate 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 applicant 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
unwelcome, objectionable, not acceptable, or not solicited for employment or
membership, unless based upon the nature of the occupation.
Sec. 27-72. Exemptions from Division.
The prohibition by this Division 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.
This Division shall not apply to:
(1) Any employer who regularly employs less than four (4) individuals. For
purposes of this Subsection, the owners, owner(s)' spouses, 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
employment;
(3) The employment of individuals to render personal service to the person of
the employer or members of the employer's family;
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(4) 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 religious 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;
(5) 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;
(6) A state or federal program designed to benefit a specific age classification
which serves a bona fide public purpose.
Secs. 27-73 - 27-80. Reserved.
DIVISION 4. DISABILITY DISCRIMINATION
Sec. 27-81. 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, advancement, 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
because 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 Chapter. Such relationship
includes a relationship with an employment or referral agency, labor union, an
organization providing fringe benefits to an employee of the covered entity, or an
organization 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 administrative control.
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(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
individual is known to have a relationship or association;
(5) Not making reasonable accommodations to the known physical or mental
limitations of an otherwise qualified individual with a disability who is an applicant
or employee, unless such covered entity can demonstrate that the
accommodation 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
accommodation 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
individuals 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
effective 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
measure;
(8) Soliciting or requiring as a condition of employment of any employee or
prospective employee a test for the presence of the antibody to the human
immunodeficiency virus or 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 organization, or their employees, agents, or members and an
employee or prospective employee concerning employment, pay, or benefits to
an employee or prospective employee in return for taking a test for the presence
of the antibody to the human immunodeficiency virus is prohibited. The
prohibitions of this Subsection do not apply if the State Epidemiologist
determines and the State Director of Public Health declares through the
utilization of guidelines established by the Center for Disease Control of the
United States Department of Health and Human Services that a person with a
condition related to acquired immune deficiency syndrome poses a significant
risk of transmission of the human immunodeficiency virus to other persons in a
specific occupation.
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(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 (c)(3) of this Section, a covered entity shall not conduct a
medical examination or make inquiries 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 examination 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 restrictions on the work or duties of the employee and
necessary accommodations;
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 provided relevant information on request.
c. The results of such examination are used only in accordance with
this Chapter.
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(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 voluntary 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 (c)(4)(b) of
this Section regarding the medical condition or history of any employee is
subject to the requirements of Subsections (c)(3)(b) and (c)(3)(c) of this
Section.
Sec. 27-82. Defenses, Exemptions, and Exclusions.
(a) Defenses.
(1) In General. It may be a defense to a charge of discrimination under this
Division 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 Chapter.
(2) Qualification Standards. The term qualification standards may include a
requirement 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.
Notwithstanding the provisions under the definition of disability, 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
discriminatory 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 Chapter where the covered entity proves, by a
preponderance of the evidence, good faith efforts, in consultation with the person
17
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
communicable 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 accommodation, a covered entity may refuse to
assign or continue to assign such individual to a job involving food
handling.
b. Construction. Nothing in this Division 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 significant 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 Division 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
employment;
(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
individual shall not pose a direct threat to the health or safety of other individuals
in the workplace.
(c) Exclusions.
(1) Homosexuality and Bisexuality. For purposes of the definition of
"disability" in Section 27-1 of this Chapter, homosexuality and bisexuality are not
impairments and as such are not disabilities under this Division.
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(2) Certain Conditions. Under this Division, the term disability shall not
include:
a. Transvestism, transsexualism, pedophilia, exhibitionism,
voyeurism, gender identity disorders not resulting from physical
impairments, or other sexual behavior disorders;
b. Compulsive gambling, kleptomania, or pyromania; or
c. Psychoactive substances use disorders resulting from current
illegal use of drugs.
Sec. 27-83. Construction.
(a) Insurance. This Chapter shall not be construed to prohibit or restrict:
(1) An insurer, hospital, or medical service company, health maintenance
organization, or any agent or entity that administers benefit plans or similar
organizations from underwriting risks, classifying risks, or administering such
risks that are based on or not inconsistent with other laws of this state;
(2) A person or organization covered by this Chapter 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;
(3) A person or organization covered by this Chapter 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.
Subsections (a)(1), (a)(2), and (a)(3) of this Section shall not be used as subterfuge to
evade the purposes of this Chapter.
(b) Accommodations and Services. Nothing in this Chapter shall be construed tc
require an individual with a disability to accept an accommodation, aid, service,
opportunity, or benefit which such individual chooses not to accept.
(c) Smoking. Nothing in this Division shall be construed to preclude the prohibition of
or the imposition of restrictions on smoking in places of employment or in public
accommodations.
Sec. 27-84. Illegal Use of Drugs and Alcohol.
(a) Qualified Individual with a Disability. For purposes of this Division, a qualified
individual with a disability shall not include any employee or applicant who is currently
19
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 Chapter 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
(b)(1) or (b)(2) 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 authorize 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 employee.
(d) Drug Testing.
(1) In General. For purposes of this Chapter, a test to determine the illegal
use of drugs shall not be considered a medical examination.
(2) Construction. Nothing in this Chapter shall be construed to encourage,
prohibit, or authorize the conducting of drug testing for the illegal use of drugs by
job applicants or employees or making employment decisions based on such test
results.
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(e) Governmental Regulations. Nothing in this Chapter 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
federal 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
alcohol;
(2) Remove such persons who test positive for illegal use of drugs and on
duty impairment by alcohol pursuant to Subsection (e)(1) of this Section from
safety sensitive duties in implementing Subsection (c) of this Section.
Sec. 27-85. Public Accommodations; Prohibited Practices.
(a) It shall be an unfair or discriminatory practice for any person on the basis of
disability 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, privilege, advantage, or accommodation that is different or separate from
that provided to other individuals, unless such action is necessary to provide the
individual or class of individuals with a good, service, facility, privilege,
advantage, accommodation, or other opportunity that is as effective as that
provided to others.
(2) Notwithstanding the existence of separate or different programs or
activities provided 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
arrangements, utilize standards or criteria or methods of administration:
a. That have the effect of discriminating on the basis of disability;
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b. That perpetuate the discrimination of others who are subject to
common administrative 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, advantages, or accommodations, unless such criteria can be shown to
be necessary for the provision of the goods, services, facilities, privileges,
advantages, or accommodations 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, unless the entity can demonstrate that making such modifications
would fundamentally alter the nature of such goods, services, facilities,
privileges, advantages, 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
fundamentally 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
individuals (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 (d)(4) of this Section is not readily achievable, a failure to make such
goods, services, facilities, privileges, advantages, or accommodations available
through alternative 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
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accommodations of such entity where such individual poses a direct threat to the health
or safety of others.
Sec. 27-86. New Construction and Alteration of Public Accommodation.
(a) It shall be an unfair or discriminatory practice for any person on the basis of
disability 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 disabilities, except where an entity can demonstrate that it is
structurally impracticable 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 accessible 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 bathrooms, 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 serving the altered area are not disproportionate to the overall
alterations in terms of cost and scope.
(b) Subsections (a)(1) and (a)(2) of this Section shall not be construed to require the
installation 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 provider.
Secs. 27-87 - 27-90. Reserved.
DIVISION 5. CREDIT
Sec. 27-91. Prohibited Practices; Exception.
It shall be an unfair or discriminatory practice for any:
(1) 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 situations
because of age, color, creed, national origin, race, religion, marital status, sex, physical
disability, sexual orientation, or gender identity.
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(2) Person authorized or licensed to do business in this state pursuant to Chapter
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, or gender identity.
(3) 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, 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.
The provisions in this Section shall not be construed by negative implications or
otherwise to narrow or restrict any other provisions of this Chapter.
Secs. 27-92 - 27-100. Reserved.
DIVISION 6. EDUCATION
Sec. 27-101. Prohibited Practices; Exceptions.
It is an unfair or discriminatory practice for any educational institution to discriminate on
the basis of race, creed, color, sex, national origin, religion, disability, sexual orientation,
or gender identity in any program or activity. Such discriminatory practices shall include
but not be limited to the following practices:
(1) 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;
(2) Denial of comparable opportunity in intramural and interscholastic athletic
programs;
(3) Discrimination among persons in employment and the conditions of employment;
(4) On the basis of sex, the application of any rule concerning the actual or potential
parental, family, or marital status of a person or the exclusion of any person from any
program or activity or employment because of pregnancy or related conditions
dependent upon the physician's diagnosis and certification.
For the purposes of this Section, educational institution includes any preschool,
elementary, secondary, or community college, area education agency, postsecondary
college or university, and their governing boards. This Section does not prohibit an
educational institution from maintaining separate toilet facilities, locker rooms, or living
facilities for the different sexes so long as comparable facilities are provided. Nothing in
the Section shall be construed as prohibiting any bona fide religious institution from
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imposing qualifications based on religion when such qualifications are related to a bona
fide religious purpose or any institution from admitting students of only one (1) sex.
Sec. 27-102. Examinations and Courses.
Any person that offers examinations or courses related to applications, licensing,
certification, or credentialing for secondary or postsecondary education, professional, or
trade purposes shall offer such examinations or courses in a place and manner
accessible to persons with disabilities or offer alternative accessible arrangements for
such individuals.
Secs. 27-103 - 27-110. Reserved.
ARTICLE V. ENFORCEMENT OF CIVIL RIGHTS
Sec. 27-111. Filing Complaints.
(a) All persons claiming to be aggrieved by a discriminatory or unfair practice within
this city may sign and file with the Commission a verified, written complaint in triplicate
which shall state the name and address of the person alleged to have committed the
discriminatory or unfair practice 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) A person who has tested positive for human immunodeficiency virus or who has
a diagnosis of acquired immune deficiency syndrome 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.
Sec. 27-112. 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.
Sec. 27-113. Time Limitation for Filing Complaint.
(a) A claim under this Chapter 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.
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(b) For purposes of this Section, an unlawful employment practice occurs, with
respect to discrimination in compensation in violation of this Title, when a discriminatory
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 compensation is paid, resulting in
whole or in part from such a decision or other practice.
Sec. 27-114. 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
administratively 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 investigation
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
probable cause exists regarding the allegations of the complaint, the staff of the
Commission shall promptly endeavor to eliminate the discriminatory or unfair
practice 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 27-117 of this Article.
(d) Conciliation Conference and Persuasion Procedures. The Commission staff must
endeavor to eliminate the discriminatory or unfair practice by conciliation conference
26
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 probable 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.
Sec. 27-115. 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 27-114 of this Article
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
Commission 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 (1) 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
provisions 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) 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 proposed order within sixty (60) days the proposed
order shall become the final order of the Commission.
Sec. 27-116. 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
27
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 respondent 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
provisions of this Chapter, remedial action includes, but is not limited to, the
following:
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 programs;
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;
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 material;
h. Payment to the complainant of damages for an injury caused by the
discriminatory or unfair practice, which damages shall include, but are not
limited to, damages and reasonable attorney fees;
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
28
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 purposes 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 respondent with an opportunity to be heard, determines that
the respondent has engaged in a discriminatory or unfair practice and that
the practice was authorized, requested, commanded, performed, or
knowingly or recklessly 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 licensing agency. Unless the Commission 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 contract or subcontract with the state or political
subdivision or agency, if the practice was authorized, requested,
commanded, performed, or knowingly or recklessly 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
contracting 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 respondent
has not engaged in any such discriminatory or unfair practice, the Commission 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 respondent.
(c) Upon Conciliation Agreements. 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
embodying 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 occurrence. In all
cases where a conciliation agreement is entered into, the Commission 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.
29
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.
Sec. 27-117. Sixty (60) Day Release from Administrative Process; Alternative Judicial
Proceedings Upon Complaints.
(a) Conditions for Release. A person claiming to be aggrieved by an unfair or
discriminatory practice must initially seek an administrative relief by filing a complaint
with the Commission in accordance with Section 27-111 of this Article. A complainant,
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 27-113 of this Article.
(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
Subsection (b} of this Section.
(b) Requirements for Issuance of Release. Upon a request by the complainant and
after the expiration of sixty (60) days from the timely filing of a complaint with the
Commission, the Commission shall issue to the complainant a release stating that the
complainant has a right to commence an action in the district court. A release under this
Subsection shall not be issued if a finding of no probable cause has been made on the
complaint by the administrative law judge charged with the duty under Section 27-114 of
this Article, or a conciliation agreement has been executed, or the Commission has
served notice of hearing upon the respondent, or the complaint is closed as an
administrative closure and two (2) years have elapsed since the issuance date of the
closure.
Notwithstanding Section 27-26 of this Chapter, a party may obtain a copy of all
documents contained in a case file where the Commission has issued a release to the
complainant pursuant to this Subsection.
(c) Failure to Timely Seek Judicial Relief after Release; Release as Bar to Further
Administrative Action on Complaint. An action authorized under this Section is barred
unless commenced within ninety (90) days after issuance by the Commission of a
release under Subsection (b) of this Section. If a complainant obtains a release from the
Commission under Subsection (b) of this Section, the Commission shall be barred from
further action on that complaint.
(d) Venue for Court Action on Complaint. Venue for an action under this Section
shall be in Dubuque County.
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(e) Remedies in Judicial Proceedings; Attorney Fees and Costs. The district court
may grant any relief under this Section which is authorized by Section 27-116 of this
Article to be issued by the Commission. The district court may also award the
respondent reasonable attorney fees and court costs when the court finds that the
complainant's action was frivolous.
(f) Screening of Complaint. It is the legislative intent of this Section that every
complaint be at least preliminarily screened during the first sixty (60) days. This
Subsection does not authorize administrative closures if an investigation is warranted.
Sec. 27-118. Provisional Remedies.
If, anytime 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 impossible
compliance with an order of the Commission to alleviate the grievance, or it appears
that a complainant may suffer irreparable injury as a result of alleged violation, the
Commission's attorney may seek a temporary injunction restraining the party charged
from doing these acts pending completion of the proceedings under this Chapter. 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 injunction may
be issued when the complainant alleges housing discrimination.
Sec. 27-119. Procedural Rules.
Sec. 27-120. Judicial Review; Enforcement Actions.
(a) Judicial review of the actions of the Commission may be sought in accordance
with the terms of the Iowa Administrative Procedure Act. Notwithstanding the terms of
such Act, petition for judicial review may be filed in the district court in which an
enforcement proceeding under Subsection (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 issuance 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. Notwithstanding 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) The Commission may obtain an order for the enforcement 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.
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(c) Such an enforcement proceeding 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) 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) 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, providing such party shall
show reasonable grounds for the failure to adduce such evidence before the
Commission.
(f) In the enforcement proceeding, the court shall determine its order on the same
basis as it would in a proceeding reviewing Commission action under Section 17A.19 of
the Code of Iowa.
(g) The Commission's copy of the testimony shall be available to all parties for
examination at all reasonable times, without cost, and for the purpose of judicial review
of the Commission's orders.
(h) The Commission may appear in court by its own attorney.
(i) Petitions filed under this Section shall be heard expeditiously and determined
upon the transcript filed without requirement for hearing.
(j) If no proceeding to obtain judicial review is instituted within thirty (30} days from
the service of an order of the Commission under Section 27-116 of this Article, 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.
Sec. 27-121. Rule of Construction.
This Chapter shall be construed liberally to effectuate its purpose.
Secs. 27-122 - 27-129. Reserved.
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ARTICLE VI. FAIR HOUSING
Sec. 27-130. Definitions.
As used in this Article:
Aggrieved person means any person who:
(1) Claims to have been injured by a discriminatory housing practice;
(2) Believes that such person will be injured by a discriminatory housing
practice that is about to occur.
Complainant means the person who files a complaint under Section 27-135 of this
Article.
Conciliation means the attempted resolution of issues raised by a complaint, or by the
investigation of such complaint, through informal negotiations involving the aggrieved
person, the respondent, and the Commission.
Conciliation agreement means a written agreement setting forth the resolution of the
issues in conciliation.
Discriminatory housing practice means an act that is unlawful under Section 27-131, 27-
133, or 27-134 of this Article.
Dwelling means any building, structure, or portion thereof which is occupied as, or
designed or intended for occupancy as, a residence by one (1) 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 means a single individual.
Person means an individual, corporation, partnership, association, labor organization,
legal 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 means the same as such term has in Section 722 of the revised
statutes of the United States (42 USC 1988).
Respondent means:
(1) The person or other entity accused in a complaint of an unfair housing
practice;
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(2) Any other person or entity identified in the course of investigation and
notified as required with respect to respondents so identified under Subsection
27-135(a) of this Article.
Secretary means the U.S. Secretary of Housing and Urban Development.
State means the state of Iowa and any of its political subdivisions.
To rent means to lease, sublease, let, and otherwise grant for consideration the right to
occupy premises not owned by the occupant.
Sec. 27-131. Prohibitions.
It shall be unlawful:
(1) 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
dwelling to any person because of race, color, religion, sex, familial status,
national origin, creed, age, disability, sexual orientation, or gender identity.
(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 therewith, because of race, color, religion, sex, familial status,
national origin, creed, age, disability, sexual orientation, or gender identity.
(3) 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, religion, sex, familial status, national origin, creed, age, disability, sexual
orientation, or gender identity, or an intention to make any such preference,
limitation, or discrimination.
(4) 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.
(5) 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.
(6) a. 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:
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1. That buyer or renter;
2. A person residing in or intending to reside in that dwelling
after it is so sold, rented, or made available;
3. Any person associated with that buyer or renter.
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 with such dwelling, because of a disability of:
1. That person;
2. A person residing in or intending to reside in that dwelling
after it is so sold, rented, or made available;
3. Any person associated with that person.
c. For purposes of this Subsection, discrimination includes:
1. A refusal to permit, at the expense of the disabled person,
reasonable modifications 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.
2. A refusal to make reasonable accommodations in rules,
policies, practices, or services, when such accommodations may
be necessary to afford such person equal opportunity to use and
enjoy a dwelling;
3. In connection with the design and construction of covered
multi-family dwellings for first occupancy after March 13, 1991, a
failure to design and construct those dwellings in such a manner
that:
(A) The public use and common use portions of such
dwellings are readily accessible to and usable by disabled
persons;
(B) 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;
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(C) All premises within such dwellings contain the
following features of adaptive design:
(i) An accessible route into and through the
L dwelling;
(ii) Light switches, electrical outlets, thermostats,
and other environmental controls in accessible
locations;
(iii) Reinforcements in bathroom walls to allow later
installation of grab bars;
(iv) Usable kitchens and bathrooms such that an
individual in a wheelchair can maneuver about the
space.
d. Compliance with the appropriate requirements of the American
National Standard for buildings and facilities providing accessibility and
usability for physically disabled persons (commonly cited as ANSI A117.1)
suffices to satisfy the requirements of Subsection (6)(c)(3)(C) of this
Section.
e. As used in this Subsection, the term covered multi-family dwellings
means:
1. Buildings consisting of four (4) or more units if such buildings
have one (1) or more elevators;
2. Ground-floor units in other buildings consisting of four (4) or
more units.
f. Nothing in this Subsection requires that a dwelling be made
available to an individual 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.
Sec. 27-132. Exemptions.
(a) Nothing in Section 27-131 of this Article other than Subsection 27-131(3) 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;
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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 (1) such sale within atwenty-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 dwellings, 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 Section 27-131(3) of this
Article. Nothing in this Subsection prohibits the utilization of attorneys,
escrow agents, abstractors, 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 (1) of such living
quarters of his residence.
(b) 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
principal 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
involving 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) Nothing in this Article shall prohibit a religious organization, association, or
society or any nonprofit institution or organization operated, supervised, or controlled by
or in conjunction with a religious organization, association, or society, from limiting the
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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 Article 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) (1) Nothing in this Article limits the applicability of Chapter 26 regarding the
maximum number of occupants permitted to occupy a dwelling. Nor does any
provision in this Article 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 (1) 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 regulations which require at least the following
factors:
1. That at least eighty percent (80%) of the units are occupied
by at least one (1) person fifty-five (55) years of age or older per
unit;
2. The publication of and adherence to policies and procedures
which demonstrate 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 Article who do not meet the age requirements of Subsection (d)(2)(b)
or (d)(2)(c) of this Section; provided that new occupants of such housing
meet the age requirements of Subsection (d)(2)(b) or (d)(2)(c) of this
Section.
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b. Unoccupied units; provided that such units are reserved for
occupancy by persons who meet the age requirements of Subsection
(d)(2)(b) or (d)(2)(c) of this Section.
(4) Nothing in this Article prohibits conduct against a person because such
person has been convicted by any court of competent jurisdiction of the illegal
manufacture or distribution of a controlled substance as defined in Section 102 of
the Controlled Substances Act (21 U.S.C. 802) or Chapter 204 of the Code of
Iowa.
Sec. 27-133. Discrimination in Residential Real Estate-Related Transactions.
(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
transaction 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 Article prohibits a person engaged in the
business of furnishing appraisals of real property to take into consideration factors other
than race, color, religion, sex, familial status, national origin, creed, age, disability,
sexual orientation, or gender identity.
Sec. 27-134. 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, organization,
or facility relating to the business of selling or renting dwellings, or to discriminate
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.
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Sec. 27-135. Administrative Enforcement; Preliminary Matters.
(a) Complaints and Answers.
(1) An aggrieved person may, not later than three hundred (300) days after an
alleged discriminatory housing practice has occurred or terminated, file a
complaint with the Commission alleging such discriminatory housing practice.
The Commission, on the Commission's own initiative, a commissioner, or the City
Attorney'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 Article;
b. The Commission shall, not later than ten (10) days after such filing
or the identification of an additional respondent under Subsection (a)(7) of
this Section, serve on the respondent a notice identifying the alleged
discriminatory housing practice and advising such respondent of the
procedural rights and obligations of respondents under this Article,
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 complainant and respondent in writing of the reasons for not doing so.
(6) Complaints and answers shall be under oath or affirmation and may be
reasonably 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
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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 feasible, 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
arising 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 Article.
(5) a. At the end of each investigation under this Section, the Commission
shall prepare 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 agreement, 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 agreement.
(d) Prohibitions and Requirements with Respect to Disclosure of Information.
41
(1) Nothing said or done in the course of conciliation under this Article may be
made public or used as evidence in a subsequent proceeding under this Article
without the written consent of the persons concerned.
(2) Notwithstanding Subsection (d)(1) of this Section, the Commission shall
make available 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 purposes of
this Article, 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 order or other order granting
preliminary or temporary relief shall be issued in accordance with the Iowa Rules of Civil
Procedure. The commencement of a civil action under this Subsection does not affect
the initiation of continuation of administrative proceedings under this Article.
Sec. 27-136. Probable Cause Determination and Effect.
(a) 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).
(b) 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) 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 27-138 to all of the following persons:
(1) Each respondent;
(2) Each aggrieved person on whose behalf the complaint was filed.
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(d) If the Commission determines that the matter involves the legality 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 Attorney's Office for
appropriate action.
(e) 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 Article.
(f) 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.
Sec. 27-137. Subpoenas; Giving of Evidence.
(a) In General. The Commission may issue subpoenas and order discovery in aid of
investigations and hearings under this Article. 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), 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
proceeding under this Article:
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);
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 evidence shall be referred to the City Attorney's Office or the
County Attorney's Office for prosecution.
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Sec. 27-138. 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 complaint decided in a
civil action under Section 27-141 in lieu of a hearing under Subsection (f). The election
must be made not later than twenty (20) days after the receipt by the electing person of
service under Section 27-136 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) with respect to a complaint, the Commission shall provide
an opportunity for a hearing on the record with respect to the complaint issued under
Section 27-135. The Commission shall delegate 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 Subsection 27-137. 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
inexpensively 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 determination, unless it is impracticable to do so. If the administrative law
judge is unable to commence the hearing within one hundred twenty (120) days
after the determination, the administrative law judge shall notify the Commission,
44
the aggrieved 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 U.S.C. 3612.
(4) No such order shall affect any contract, sale, encumbrance, or lease
consummated before the issuance of such order and involving a bona fide
purchaser, encumbrancer, or tenant without actual notice of the charge filed
under this Article.
(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
governmental 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 including, 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
beginning of the trial of a civil action commenced by the aggrieved party under a
45
federal or state law, seeking relief with respect to that discriminatory housing
practice.
Sec. 27-139. Review by Commission; Service of Final Order.
(a) The Commission may review any finding, conclusion, or order issued under
Section 27-138. 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.
Sec. 27-140. 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
administrative 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 appropriate temporary relief or restraining order.
(2) The Commission shall file in court with the petition the record in 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 27-135 of this Article, 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.
46
(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 27-136(c) of this Article, 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 aggrieved 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 27-141. Any relief
so granted that would accrue to an aggrieved person in a civil action commenced
by that aggrieved person under Section 27-141 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's 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's fee and costs.
Sec. 27-141. 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
47
occurrence or the termination of an alleged discriminatory housing practice, or
the breach of a conciliation agreement entered into under this Article, whichever
occurs last, to obtain appropriate relief with respect to such discriminatory
housing practice or breach.
(2) The computation of such two (2) year period shall not include any time
during which an administrative proceeding under this Article was pending with
respect to a complaint or charge under this Article 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 27-135 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 alleged 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 discriminatory
housing practice if an administrative law judge has commenced a hearing on the record
under this Article with respect to such charge.
(d) Appointment of Attorney by Court. Upon application by a person alleging a
discriminatory 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) 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), if the court finds that a discriminatory
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), may grant as
relief, as the court deems appropriate, any permanent or temporary injunction,
temporary restraining order, or other order, including an order enjoining the
defendant from engaging in such practice or ordering such affirmative action as
may be appropriate.
48
(2) In a civil action under Subsection (a), the court, in its discretion, may allow
the prevailing party reasonable attorney's 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, encumbrancer, or tenant
without actual notice of the filing of a complaint or civil action under this Article.
(g) Intervention by the 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 Attorney's
Office may obtain such relief as would be available to the City Attorney's Office under
Section 27-142 in a civil action to which such section applies.
Sec. 27-142. Enforcement by the 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 Article;
(2) A person has been denied any housing right granted by this Article 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
expiration 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
expiration of ninety (90) days after the referral of the alleged breach under
Subsection 27-135(c).
49
(5) Enforcement of Subpoenas. The City Attorney's Office, on behalf of the
Commission or other party at whose request a subpoena is issued, under this
Article 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 business.
(6) Relief Which May Be Granted in Civil Actions under Subsection (a) and (b)
in Accordance with Section 216.17A of the Code of Iowa.
a. In a civil action under Subsection (a) or (b), the court:
1. May award such preventive relief, including a permanent or
temporary injunction, restraining order, or other order against the
person responsible for a violation of this Article as is necessary to
assure the full enjoyment of the rights granted by this Article;
2. May award such other relief as the court deems appropriate,
including monetary damages to the person aggrieved;
3. May, to vindicate the public interest, assess a civil penalty
against the respondent:
(i) In an amount not exceeding fifty thousand dollars
($50,000.00) for a first violation;
(ii) In an amount not exceeding one hundred thousand
dollars ($100,000.00) for any subsequent violation.
(c) Attorney's Fees and Costs. In a civil action under this Section, the court, in its
discretion, may allow the prevailing party reasonable attorney's 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)
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 27-141.
Sec. 27-143. Cooperation with State and Federal Agencies Administering Fair Housing
Laws.
The Commission may cooperate with state and federal agencies charged with the
administration 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 furtherance
of such cooperative efforts, the Commission may enter into written agreements with
such state or federal agencies.
50
Sec. 27-144. 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
Article.
Sec. 27-145. 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:
(1) Any person because of such person's race, color, 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;
(2) 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:
a. Participating, without discrimination on account of race, color, religion,
sex, familial status, national origin, creed, age, disability, sexual orientation, or
gender identity in the activities, services, organizations, or facilities described in
Subsection (a) of this Section;
b. Affording another person or class of persons opportunity or protection so
to participate.
(3) 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 Subsection (a) of this
Section, or participating lawfully in speech or peaceful assembly opposing any denial of
the opportunity to so participate shall be referred to the County Attorney's Office for
prosecution.
Sec. 27-146. Disclaimer of Preemptive Effect on Other Articles.
Nothing in this Article of this Code limits any right, procedure, or remedy available under
the federal or state constitution.
51
Chapter 27
HUMAN RIGHTS
ARTICLE I. IN GENERAL
Sec. 27-1. Definitions.
When used in this Chapter, the following terms shall have the meanings ascribed herein
unless the context otherwise requires:
Auxiliary aids and services means:
(11 Qualified interpreters or other effective methods of making aurally
delivered materials available to individuals with hearing impairments;
J21 Qualified readers. taped texts. or other effective methods of makinq
visually delivered materials available to individuals with visual
impairments;
(3) Acauisition or modification of eauiament or devices;
(41 Other similar services and actions.
Commission means the Dubuque Human Rights Commission created by Article II of this
Chapter.
Court means the Iowa District Court in and for Dubuque County.
Covered entity means an employer, employment agency, labor organization, or joint
labor management committee.
Direct threat means a significant risk to the health or safety of others that cannot be
eliminated by reasonable accommodation.
Disability, with respect to an individual, means:
(1) A physical or mental impairment that substantially limits one (1) 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 complex, 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 Chapter, does not preclude the application of the provisions of
this Chapter to conditions resulting from other contagious or infectious diseases.
As described, major life activities:
a. Include. but are not limited to, caring for oneself, performing
manual tasks, seeing, hearing. eating. sleeping. walking. standing=
lifting. bending, speaking. breathing. learning. readina~
concentrating. thinking. communicating, and working.,
b. Also include the operation of a major bodily function,
including but not limited to, functions of the immune system, normal
cell growth, digestive, bowel, bladder, neurological, brain,,
respiratory. circulatory, endocrine, and reproductive functions.,
(2) A record of such an impairment;
(3) Being regarded as having such an impairment, as described:
a. An individual meets the reauirement of being regarded as
having such an impairment if the individual establishes that he or
she has been subjected to an action prohibited under this Article,
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.
b. 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 X61 months or less.
(41 The definition of disability shall be construed in accordance with the,
followinq_
a. In favor of broad coverage of individuals under this Article, to,
the maximum extent permitted by the terms of this Article.,
b. Substantially limits shall be interpreted consistentl~+ with the
findings and purposes of the ADA Amendments Act of 2008.,
c. An impairment that substantially limits one (11 major life
activity need not limit other major life activities in order to be,
considered a disability.
d. An impairment that is episodic or in remission is a disability if
it would substantially limit a major life activity when active.
e. 1. The determination of whether an impairment
substantially limits a major life activity shall be made without
2
regard to the ameliorative effects of mitiaatina measures such
as:
i. Medication, medical supplies, eauipment,
appliances, low-vision devices (which do not include
ordinary evealasses or contact lensesl, prosthetics
including limbs and devices. hearing aids and cochlear
implants or other implantable hearing devices, mobility
devices, or oxygen therapy eauipment and supplies;
ii. Use of assistive technology;.
iii. Reasonable accommodations or auxiliary aids or
services;
iv. Learned behavioral or adaptive neurological
modifications.
2. The ameliorative effects of the mitiaatina measures of
ordinary evealasses or contact lenses shall be considered in
determining whether an impairment substantially limits a
major life activity.
3. As used in this Section:
i. Ordinar~r evealasses or contact lenses means
lenses that are intended to fully correct visual acuity or
eliminate refractive error:
ii. Low-vision devices means devices that magnify
enhance, or otherwise augment a visual image.
Drug means a controlled substance as defined in the Code of Iowa.
Employee means an individual employed by an employer.
Employer means the state or any political subdivision, board, commission, department,
institution, or school district thereof, and every other person employing employees
within the state.
Employment agency means any person undertaking to procure employees or
opportunities to work for any other person or any person holding such person or itself to
be equipped to do so.
Familial status means one (1) or more individuals who have not attained the age of
eighteen (18) years being domiciled with:
3
(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 written permission of such parent or other person;
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 means a gender related identity of a person, regardless of the person's
assigned sex at birth.
Labor organization means 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
employment.
Person means 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 means each and every place, establishment, or facility of
whatever kind, nature, or class that caters or offers services, facilities, or goods for a fee
or charge to nonmembers of any organization or association utilizing the place,
establishment, or facility, provided that any place, establishment, or facility that caters or
offers services, facilities, or goods to the nonmembers gratuitously shall be deemed a
public accommodation if the accommodation receives any governmental support or
subsidy. Public accommodation shall not mean any bona fide private club or other
place, establishment, or facility which is by its nature distinctly private, except when
such distinctly private place, establishment, or facility caters or offers services, facilities,
or goods to the nonmembers for a fee or charge or gratuitously, it shall be deemed a
public accommodation during such period. 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 disabilit~~ means, with respect to Article 4, Division 4,,
an individual with a disability who. with or without reasonable accommodation,.
can perform the essential functions of the employment position that such
individual holds or desires. For the purposes of this Chapter, consideration shall.
be aiven to the emploaer's iudament as to what functions of a iob are essential.
and if an employer has prepared a written description before advertising or
interviewina applicants for the iob.. this description shall be considered evidence,
of the essential functions of the iob.,
4
Readily achievable means 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:
(1) The nature and cost of the action needed under this Chapter;
(2) 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 action upon the
operation of the facility;
(3) The overall financial resources of the covered entity, the overall size of the
business of a covered entity with respect to the number of its employees, and the
number, type, and location of its facilities;
(4) The type of operation or operations of the covered entity, including the
composition, 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 means:
(1) Making existing facilities used by employees readily accessible to and
usable by individuals with disabilities;
(2) Job restructuring, part-time or modified work schedules, reassignment to a
vacant position, acquisition or modification of equipment or devices, appropriate
adjustment or modifications of examinations, training materials or policies, the
provision of qualified readers or interpreters, and other similar accommodations
for individuals with disabilities.
Sexual orientation means a person's actual, history of, or perceived heterosexuality,
homosexuality, or bisexuality but not including participation in conduct that is prohibited
by law.
State means 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 means 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:
(1) The nature and cost of the accommodation needed under this Chapter;
5
(2) The overall financial resources of the facility or facilities involved in the
provision of the reasonable accommodation, the number of persons employed at
such facility, the effect on expenses and resources, or the impact otherwise of
such accommodation upon the operation of the facility;
(3) The overall financial resources of the covered entity, the overall size of the
business of a covered entity with respect to the number of its employees, and the
number, type, and location of its facilities;
(4) The type of operation or operations of the covered entity including the
composition, 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 means those practices specified as unfair or
discriminatory in Articles IV and VI of this Chapter.
Secs. 27-2 - 27-15. Reserved.
ARTICLE II. HUMAN RIGHTS COMMISSION
Sec. 27-16. Created.
There is hereby created a Human Rights Commission.
Sec. 27-17. Composition.
The Human Rights Commission created by this Article shall consist of nine (9)
members.
Sec. 27-18. Appointment; Terms; Filling of Vacancies.
The Human Rights Commission members shall be appointed by the City Council for
terms of three (3) years each and shall serve thereafter until a successor has been
appointed. Vacancies shall be filled for the remainder of the unexpired term.
Appointments shall take into consideration the various racial, religious, cultural, and
social groups of the City.
Sec. 27-19. Officers.
The Human Rights Commission created by this Article shall elect from its own
membership, at its regular March meeting, its chairperson and vice chairperson, each to
serve a term of one (1) year. The chairperson shall appoint a secretary, who need not
be a member of the Commission. The Commission shall fill vacancies among its officers
for the remainder of the unexpired term.
6
Sec. 27-20. Compensation.
The members of the Human Rights Commission created by this Article shall serve
without compensation; provided that they may receive reimbursement for necessary
travel and other expenses while on official Commission business and such shall be
within the limits established in the City budget.
Sec. 27-21. Removal of Members for Unexcused Absences.
In the event a member of the Human Rights Commission created by this Article has
been absent for three (3) or more consecutive meetings without being excused by the
chairperson, the Commission by majority vote may certify such fact to the City Council
and petition the City Council to declare a vacancy by reason of such unexcused
absence and appoint a successor to fill such vacancy.
Sec. 27-22. Rules.
The Human Rights Commission created by this Article may adopt, amend, or rescind
such rules as may be necessary for the conduct of its business.
Sec. 27-23. Meetings.
(a) The Human Rights Commission shall meet not less than monthly on a regular
basis.
(b) The chairperson, the vice chairperson, or any three (3) members of the Human
Rights Commission may call a special meeting by giving at least twenty-four (24) hours
notice to every other member of the Commission. The call for a special meeting shall
include an agenda and only matters included in that agenda may be acted on at the
meeting.
(c) All meetings of the Human Rights Commission shall be held in conformance with
the Iowa Open Meetings Law.
(d) Members of the Human Rights Commission shall attend at least two-thirds (2/3)
of all regularly scheduled meetings within any twelve (12) month period. If any member
does not attend such prescribed number of meetings, it shall constitute grounds for the
Commission to recommend to the City Council that said member be replaced.
Attendance of all members shall be entered on the minutes.
Sec. 27-24. Quorum.
A quorum of the Human Rights Commission shall be five (5) members. A majority of the
members present and voting shall be necessary for the passage of any motion. The
chairperson shall vote as a member of the Commission.
7
Sec. 27-25. Records to be Public; Exceptions.
All records of the Human Rights Commission shall be public except charges,
complaints, reports of investigations, statements, and other documents or records
obtained in investigation of any charges shall be closed records.
Sec. 27-26. Confidentiality of Complaints, Etc.
No member of the Human Rights Commission or its staff shall 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 made 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 filing of a charge or complaint or the matter therein complained of.
Sec. 27-27. Powers and Duties.
The Human Rights Commission created by this Article shall have the following powers
and duties:
(1) To receive, investigate, and finally determine the merits of complaints
alleging unfair or discriminatory practices;
(2) To investigate and study the existence, character, causes, and extent of
discrimination in public accommodations, 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 by
education and conciliation;
(3) To hold hearings upon any complaint made against a person, an
employer, an employment agency, a labor organization, or the employees or
members thereof, to subpoena witnesses and compel their attendance at such
hearings, to administer oaths and take the testimony of any person under oath
and to compel such person, employer, employment agency, labor organization,
or employees or members thereof, to produce for examination any books and
papers relating to any matter involved in such complaint. The Commission shall
issue subpoenas for witnesses in the same manner and for the same purpose on
behalf of the respondent upon the respondent's request. Such hearings may be
held by the Commission, by any Commissioner, or by any hearing examiner
appointed by the Commission. If a witness either fails or refuses to obey a
subpoena issued by the Commission, the Commission may petition the district
8
court having jurisdiction for issuance of a subpoena and the court shall, in a
proper case, issue the subpoena. Refusal to obey such subpoena shall be
subject to punishment for contempt;
(4) To issue such publication and reports of investigations and research as in
the judgment of the Commission shall promote civil and respectful behavior
which shall tend to eliminate discrimination;
(5) To prepare and transmit to the Mayor and City Council from time to time,
but not less often than once each year, reports describing its proceedings,
investigations, hearings conducted, and the outcome thereof, decisions
rendered, and the other work performed by the Commission;
(6) To make recommendations to the City Council concerning discrimination;
(7) 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 eliminate discrimination or cultural and
intergroup tensions;
(8) To adopt, publish, amend, and rescind regulations consistent with and
necessary for the enforcement of this Chapter;
(9) To delegate any of its functions, duties, and powers to its staff including
functions, duties, and powers with respect to investigating, conciliating,
determining, certifying, reporting, or otherwise acting as to any work, business, or
matter under this Chapter;
(10) To receive, administer, dispense, and account for any restricted funds that
may be voluntarily contributed to the Commission and any grants that may be
awarded the Commission for furthering the purposes of this Chapter. No
disbursements will be made of any restricted funds without authority from the City
Council.
Sec. 27-28. Administrative and Other Policies of City Applicable To Commission
Operations.
All administrative, personnel, accounting, budgetary, and procurement policies of the
City shall govern the Human Rights Commission in all its operations.
Sec. 27-29. Subpoenas.
The Human Rights Commission may issue subpoenas and order discovery in aid of
investigations under this Chapter. Such subpoenas and discovery may be ordered to
9
the same extent and subject to the same limitations as would apply for county attorney
subpoenas.
Secs. 27-30 - 27-50. Reserved.
ARTICLE IV. UNFAIR AND DISCRIMINATORY PRACTICES
DIVISION 1. GENERALLY
Sec. 27-51. 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
engage in any of the practices declared unfair or discriminatory by this Chapter;
(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
gender identity by this Article because such person has lawfully opposed any
practice forbidden under this Article, obeys the provisions of this Article, or has
filed a complaint, testified, or assisted in any proceeding under this Chapter;
(3) Any person to discriminate against another person because of the
person's relationship or association with a person protected under this Chapter.
Sec. 27-52. Sex and Age Discrimination Provisions Not Applicable to Retirement Plans;
Exception.
The provisions of this Chapter 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 Chapter.
(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 abortion.
(3) An employee welfare plan may provide life, disability, or health insurance
benefits which vary by age based on actuarial differences if the employer
contributes equally for all the participating employees or may provide for
10
employer contributions differing by age if the benefits for all the participating
employees do not vary by age.
Sec. 27-53. Sexual Harassment Victim Protection.
Evidence concerning the past sexual behavior of an alleged victim of sexual
harassment shall not be admissible in any proceeding before the Human Rights
Commission.
Secs. 27-54 - 27-60. Reserved.
DIVISION 2. ACCOMMODATIONS OR SERVICES
Sec. 27-61. Prohibited Practices.
It shall be an unfair or discriminatory practice for any owner, lessee, sublessee,
proprietor, manager, or superintendent of any public accommodation 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, advantages, facilities, services, or privileges thereof, or
otherwise to discriminate against any person because of race, creed, color, sex,
age, national origin, religion, sexual orientation, or gender identity in the
furnishing of such accommodations, 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, national origin, religion, sexual orientation, or gender identity is unwelcome,
objectionable, not acceptable, or not solicited.
Sec. 27-62. Exemptions from Division.
This Division 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 owner's or occupant's family reside therein;
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(3) Discounts for services or accommodations based upon age.
Secs. 27-63 - 27-70. Reserved.
DIVISION 3. EMPLOYMENT PRACTICES
Sec. 27-71. 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 discriminate 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 applicant 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
unwelcome, objectionable, not acceptable, or not solicited for employment or
membership, unless based upon the nature of the occupation.
Sec. 27-72. Exemptions from Division.
The prohibition by this Division 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.
This Division shall not apply to:
(1) Any employer who regularly employs less than four (4) individuals. For
purposes of this Subsection, the owners, owner(s)' spouses, and children shall
not be counted as employees;
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(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
employment;
(3) The employment of individuals to render personal service to the person of
the employer or members of the employer's family;
(4) 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 religious 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;
(5) 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;
(6) A state or federal program designed to benefit a specific age classification
which serves a bona fide public purpose.
Secs. 27-73 - 27-80. Reserved.
DIVISION 4. DISABILITY DISCRIMINATION
Sec. 27-81. 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, advancement, 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
because 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 Chapter. Such relationship
includes a relationship with an employment or referral agency, labor union, an
organization providing fringe benefits to an employee of the covered entity, or an
organization providing training and apprenticeship programs;
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(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 administrative 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
individual is known to have a relationship or association;
(5) Not making reasonable accommodations to the known physical or mental
limitations of an otherwise qualified individual with a disability who is an applicant
or employee, unless such covered entity can demonstrate that the
accommodation 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
accommodation 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
individuals 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
effective 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
measure;
(8) Soliciting or requiring as a condition of employment of any employee or
prospective employee a test for the presence of the antibody to the human
immunodeficiency virus or 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 organization, or their employees, agents, or members and an
employee or prospective employee concerning employment, pay, or benefits to
an employee or prospective employee in return for taking a test for the presence
of the antibody to the human immunodeficiency virus is prohibited. The
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prohibitions of this Subsection do not apply if the State Epidemiologist
determines and the State Director of Public Health declares through the
utilization of guidelines established by the Center for Disease Control of the
United States Department of Health and Human Services that a person with a
condition related to acquired immune deficiency syndrome poses a significant
risk of transmission of the human immunodeficiency virus to other persons in a
specific occupation.
(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 (c)(3) of this Section, a covered entity shall not conduct a
medical examination or make inquiries 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 examination 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 restrictions on the work or duties of the employee and
necessary accommodations;
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 provided relevant information on request.
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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 voluntary 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 (c)(4)(b) of
this Section regarding the medical condition or history of any employee is
subject to the requirements of Subsections (c)(3)(b) and (c)(3)(c) of this
Section.
Sec. 27-82. Defenses, Exemptions, and Exclusions.
(a) Defenses.
(1) In General. It may be a defense to a charge of discrimination under this
Division 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 Chapter.
(2) Qualification Standards. The term qualification standards may include a
requirement 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.
Notwithstandina the arovisions under the definition of disability. a covered
entity shall not use qualification standards. emalovment tests. or other
selection criteria based on an individual's uncorrected vision unless the
16
standard, test, or other selection criteria, as used by the covered entity, is
shown to be iob-related and consistent with business necessity.
(4) Reasonable Accommodation and Good Faith Effort. In cases where a
discriminatory 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 Chapter where the covered entity proves, by a
preponderance 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
communicable 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 accommodation, a covered entity may refuse to
assign or continue to assign such individual to a job involving food
handling.
b. Construction. Nothing in this Division 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 significant 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 Division 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
employment;
(3) The employment of individuals to render personal service to the person of
the employer or members of the employer's family;
17
(4) An employer's qualifications for a job may include a requirement that an
individual shall not pose a direct threat to the health or safety of other individuals
in the workplace.
(c) Exclusions.
(1) Homosexuality and Bisexuality. For purposes of the definition of
"disability" in Section 27-1 of this Chapter, homosexuality and bisexuality are not
impairments and as such are not disabilities under this Division.
(2) Certain Conditions. Under this Division, the term disability shall not
include:
a. Transvestism, transsexualism, pedophilia, exhibitionism,
voyeurism, gender identity disorders not resulting from physical
impairments, or other sexual behavior disorders;
b. Compulsive gambling, kleptomania, or pyromania; or
c. Psychoactive -substances use disorders resulting from current
illegal use of drugs.
Sec. 27-83. Construction.
(a) Insurance. This Chapter shall not be construed to prohibit or restrict:
(1) An insurer, hospital, or medical service company, health maintenance
organization, or any agent or entity that administers benefit plans or similar
organizations from underwriting risks, classifying risks, or administering such
risks that are based on or not inconsistent with other laws of this state;
(2) A person or organization covered by this Chapter 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;
(3) A person or organization covered by this Chapter 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.
Subsections (a)(1), (a)(2), and (a)(3) of this Section shall not be used as subterfuge to
evade the purposes of this Chapter.
(b) Accommodations and Services. Nothing in this Chapter shall be construed to
require an individual with a disability to accept an accommodation, aid, service,
opportunity, or benefit which such individual chooses not to accept.
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(c) Smoking. Nothing in this Division shall be construed to preclude the prohibition of
or the imposition of restrictions on smoking in places of employment or in public
accommodations.
Sec. 27-84. Illegal Use of Drugs and Alcohol.
(a) Qualified Individual with a Disability. For purposes of this Division, a qualified
individual 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 Chapter 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
(b)(1) or (b)(2) 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 authorize 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 employee.
(d) Drug Testing.
19
(1) In General. For purposes of this Chapter, a test to determine the illegal
use of drugs shall not be considered a medical examination.
(2) Construction. Nothing in this Chapter shall be construed to encourage,
prohibit, or authorize the conducting of drug testing for the illegal use of drugs by
job applicants or employees or making employment decisions based on such test
results.
(e) Governmental Regulations. Nothing in this Chapter 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
federal 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
alcohol;
(2) Remove such persons who test positive for illegal use of drugs and on
duty impairment by alcohol pursuant to Subsection (e)(1) of this Section from
safety sensitive duties in implementing Subsection (c) of this Section.
Sec. 27-85. Public Accommodations; Prohibited Practices.
(a) It shall be an unfair or discriminatory practice for any person on the basis of
disability 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, privilege, advantage, or accommodation that is different or separate from
that provided to other individuals, unless such action is necessary to provide the
individual or class of individuals with a good, service, facility, privilege,
advantage, accommodation, or other opportunity that is as effective as that
provided to others.
(2) Notwithstanding the existence of separate or different programs or
activities provided in accordance with this Section, an individual with a disability
20
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
arrangements, 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 administrative 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, advantages, or accommodations, unless such criteria can be shown to
be necessary for the provision of the goods, services, facilities, privileges,
advantages, or accommodations 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, unless the entity can demonstrate that making such modifications
would fundamentally alter the nature of such goods, services, facilities,
privileges, advantages, 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
fundamentally 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
individuals (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;
21
(5) Where an entity can demonstrate that the removal of a barrier under
Subsection (d)(4) of this Section is not readily achievable, a failure to make such
goods, services, facilities, privileges, advantages, or accommodations available
through alternative 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
accommodations of such entity where such individual poses a direct threat to the health
or safety of others.
Sec. 27-86. New Construction and Alteration of Public Accommodation.
(a) It shall be an unfair or discriminatory practice for any person on the basis of
disability 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 disabilities, except where an entity can demonstrate that it is
structurally impracticable 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 accessible 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 bathrooms, 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 serving the altered area are not disproportionate to the overall
alterations in terms of cost and scope.
(b) Subsections (a)(1) and (a)(2) of this Section shall not be construed to require the
installation 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 provider.
Secs. 27-87 - 27-90. Reserved.
DIVISION 5. CREDIT
Sec. 27-91. Prohibited Practices; Exception.
22
It shall be an unfair or discriminatory practice for any:
(1) 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 situations
because of age, color, creed, national origin, race, religion, marital status, sex, physical
disability, sexual orientation, or gender identity.
(2) Person authorized or licensed to do business in this state pursuant to Chapter
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, or gender identity.
(3) 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, 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.
The provisions in this Section shall not be construed by negative implications or
otherwise to narrow or restrict any other provisions of this Chapter.
Secs. 27-92 - 27-100. Reserved.
DIVISION 6. EDUCATION
Sec. 27-101. Prohibited Practices; Exceptions
It is an unfair or discriminatory practice for any educational institution to discriminate on
the basis of race, creed, color, sex, national origin, religion, disability, sexual orientation,
or gender identity in any program or activity. Such discriminatory practices shall include
but not be limited to the following practices:
(1) 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;
(2) Denial of comparable opportunity in intramural and interscholastic athletic
programs;
(3) Discrimination among persons in employment and the conditions of employment;
(4) On the basis of sex, the application of any rule concerning the actual or potential
parental, family, or marital status of a person or the exclusion of any person from any
program or activity or employment because of pregnancy or related conditions
dependent upon the physician's diagnosis and certification.
23
For the purposes of this Section, educational institution includes any preschool,
elementary, secondary, or community college, area education agency, postsecondary
college or university, and their governing boards. This Section does not prohibit an
educational institution from maintaining separate toilet facilities, locker rooms, or living
facilities for the different sexes so long as comparable facilities are provided. Nothing in
the Section shall be construed as prohibiting any bona fide religious institution from
imposing qualifications based on religion when such qualifications are related to a bona
fide religious purpose or any institution from admitting students of only one (1) sex.
Sec. 27-102. Examinations and Courses.
Any person that offers examinations or courses related to applications, licensing,
certification, or credentialing for secondary or postsecondary education, professional, or
trade purposes shall offer such examinations or courses in a place and manner
accessible to persons with disabilities or offer alternative accessible arrangements for
such individuals.
Secs. 27-103 - 27-110. Reserved.
ARTICLE V. ENFORCEMENT OF CIVIL RIGHTS
Sec. 27-111. Filing Complaints.
(a) All persons claiming to be aggrieved by a discriminatory or unfair practice within
this city may sign and file with the Commission a verified, written complaint in triplicate
which shall state the name and address of the person alleged to have committed the
discriminatory or unfair practice 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) A person who has tested positive for human immunodeficiency virus or who has
a diagnosis of acquired immune deficiency syndrome 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.
Sec. 27-112. 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.
24
Sec. 27-113. Time Limitation for Filing Complaint.
(a) A claim under this Chapter 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.
(bl For purposes of this Section, an unlawful employment practice occurs,
with respect to discrimination in compensation in violation of this Title, when a,
discriminatorv compensation decision or other practice is adopted, when an
individual becomes subject to a discriminatorv compensation decision or other
practice, or when an individual is affected by application of a discriminatorv
compensation decision or other practice, including each time wages, benefits, or
other compensation is paid, resulting in whole or in part from such a decision or
other practice.
Sec. 27-114. 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
administratively 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 investigation
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
probable cause exists regarding the allegations of the complaint, the staff of the
Commission shall promptly endeavor to eliminate the discriminatory or unfair
practice by conference, conciliation, and persuasion. If the administrative law
judge finds that no probable cause exists, the administrative law judge shall issue
25
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 27-117 of this Article.
(d) Conciliation Conference and Persuasion Procedures. The Commission staff must
endeavor to eliminate the discriminatory or unfair practice by conciliation conference
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 probable 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.
Sec. 27-115. 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 27-114 of this Article
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
Commission 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 (1) 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
provisions of Chapter 17A of the Code of Iowa for contested cases. The burden of proof
in such a hearing shall be on the Commission.
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(d) 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 proposed order within sixty (60) days the proposed
order shall become the final order of the Commission.
Sec. 27-116. 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 respondent 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
provisions of this Chapter, remedial action includes, but is not limited to, the
following:
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 programs;
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;
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 material;
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h. Payment to the complainant of damages for an injury caused by the
discriminatory or unfair practice, which damages shall include, but are not
limited to, damages and reasonable attorney fees;
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 purposes 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 respondent with an opportunity to be heard, determines that
the respondent has engaged in a discriminatory or unfair practice and that
the practice was authorized, requested, commanded, performed, or
knowingly or recklessly 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 licensing agency. Unless the Commission 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 contract or subcontract with the state or political
subdivision or agency, if the practice was authorized, requested,
commanded, performed, or knowingly or recklessly 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
contracting 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 respondent
has not engaged in any such discriminatory or unfair practice, the Commission 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 respondent.
(c) Upon Conciliation Agreements. The terms of a conciliation agreement reached
with the respondent may require the respondent to refrain in the future from committing
28
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
embodying 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 occurrence. In all
cases where a conciliation agreement is entered into, the Commission 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.
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.
Sec. 27-117. Sixty (60) Day Release from Administrative Process; Alternative Judicial
Proceedings Upon Complaints.
(a) Conditions for Release. A person claiming to be aggrieved by an unfair or
discriminatory practice must initially seek an administrative relief by filing a complaint
with the Commission in accordance with Section 27-111 of this Article. A complainant,
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 27-113 of this Article.
(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
Subsection (b) of this Section.
(b) Requirements for Issuance of Release. Upon a request by the complainant and
after the expiration of sixty (60) days from the timely filing of a complaint with the
Commission, the Commission shall issue to the complainant a release stating that the
complainant has a right to commence an action in the district court. A release under this
Subsection shall not be issued if a finding of no probable cause has been made on the
complaint by the administrative law judge charged with the duty under Section 27-114 of
this Article, or a conciliation agreement has been executed, or the Commission has
served notice of hearing upon the respondent, or the complaint is closed as an
administrative closure and two (2) years have elapsed since the issuance date of the
closure.
Notwithstanding Section 27-26 of this Chapter, a party may obtain a copy of all
documents contained in a case file where the Commission has issued a release to the
complainant pursuant to this Subsection.
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(c) Failure to Timely Seek Judicial Relief after Release; Release as Bar to Further
Administrative Action on Complaint. An action authorized under this Section is barred
unless commenced within ninety (90) days after issuance by the Commission of a
release under Subsection (b) of this Section. If a complainant obtains a release from the
Commission under Subsection (b) of this Section, the Commission shall be barred from
further action on that complaint.
(d) Venue for Court Action on Complaint. Venue for an action under this Section
shall be in Dubuque County.
(e) Remedies in Judicial Proceedings; Attorney Fees and Costs. The district court
may grant any relief under this Section which is authorized by Section 27-116 of this
Article to be issued by the Commission. The district court may also award the
respondent reasonable attorney fees and court costs when the court finds that the
complainant's action was frivolous.
(f) Screening of Complaint. It is the legislative intent of this Section that every
complaint be at least preliminarily screened during the first sixty (60) days. This
Subsection does not authorize administrative closures if an investigation is warranted.
Sec. 27-118. Provisional Remedies.
If, anytime 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 impossible
compliance with an order of the Commission to alleviate the grievance, or it appears
that a complainant may suffer irreparable injury as a result of alleged violation, the
Commission's attorney may seek a temporary injunction restraining the party charged
from doing these acts pending completion of the proceedings under this Chapter. 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 injunction may
be issued when the complainant alleges housing discrimination.
Sec. 27-119. Procedural Rules.
Sec. 27-120. Judicial Review; Enforcement Actions.
(a) Judicial review of the actions of the Commission may be sought in accordance
with the terms of the Iowa Administrative Procedure Act. Notwithstanding the terms of
such Act, petition for judicial review may be filed in the district court in which an
enforcement proceeding under Subsection (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 issuance 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. Notwithstanding 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
30
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) The Commission may obtain an order for the enforcement 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) Such an enforcement proceeding 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) 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) 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, providing such party shall
show reasonable grounds for the failure to adduce such evidence before the
Commission.
(f) In the enforcement proceeding, the
basis as it would in a proceeding reviewing
the Code of Iowa.
court shall determine its order on the same
Commission action under Section 17A.19 of
(g) The Commission's copy of the testimony shall be available to all parties for
examination at all reasonable times, without cost, and for the purpose of judicial review
of the Commission's orders.
(h) The Commission may appear in court by its own attorney.
(i) Petitions filed under this Section shall be heard expeditiously and determined
upon the transcript filed without requirement for hearing.
Q) If no proceeding to obtain judicial review is instituted within thirty (30) days from
the service of an order of the Commission under Section 27-116 of this Article, 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.
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Sec. 27-121. Rule of Construction.
This Chapter shall be construed liberally to effectuate its purpose.
Secs. 27-122 - 27-129. Reserved.
ARTICLE VI. FAIR HOUSING
Sec. 27-130. Definitions.
As used in this Article:
Aggrieved person means any person who:
(1) Claims to have been injured by a discriminatory housing practice;
(2) Believes that such person will be injured by a discriminatory housing
practice that is about to occur.
Complainant means the person who files a complaint under Section 27-135 of this
Article.
Conciliation means the attempted resolution of issues raised by a complaint, or by the
investigation of such complaint, through informal negotiations involving the aggrieved
person, the respondent, and the Commission.
Conciliation agreement means a written agreement setting forth the resolution of the
issues in conciliation.
Discriminatory housing practice means an act that is unlawful under Section 27-131, 27-
133, or 27-134 of this Article.
Dwelling means any building, structure, or portion thereof which is occupied as, or
designed or intended for occupancy as, a residence by one (1) 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 means a single individual.
Person means an individual, corporation, partnership, association, labor organization,
legal representative, mutual company, joint stock company, trust, unincorporated
32
organizations, trustees, trustee in cases under Title 11 of the United States Code,
receiver, fiduciary, or any other legal entity.
Prevailing party means the same as such term has in Section 722 of the revised
statutes of the United States (42 USC 1988).
Respondent means:
(1) The person or other entity accused in a complaint of an unfair housing
practice;
(2) Any other person or entity identified in the course of investigation and
notified as required with respect to respondents so identified under Subsection
27-135(a) of this Article.
Secretary means the U.S. Secretary of Housing and Urban Development.
State means the state of Iowa and any of its political subdivisions.
To rent means to lease, sublease, let, and otherwise grant for consideration the right to
occupy premises not owned by the occupant.
Sec. 27-131. Prohibitions.
It shall be unlawful:
(1) 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
dwelling to any person because of race, color, religion, sex, familial status,
national origin, creed, age, disability, sexual orientation, or gender identity.
(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 therewith, because of race, color, religion, sex, familial status,
national origin, creed, age, disability, sexual orientation, or gender identity.
(3) 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, religion, sex, familial status, national origin, creed, age, disability, sexual
orientation, or gender identity, or an intention to make any such preference,
limitation, or discrimination.
(4) To represent to any person because of race, color, religion, sex, familial
status, national origin, creed, age, disability, sexual orientation, or gender identity
33
that any dwelling is not available for inspection, sale, or rental when such
dwelling is in fact so available.
(5) 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.
(6) a. 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:
1. That buyer or renter;
2. A person residing in or intending to reside in that dwelling
after it is so sold, rented, or made available;
3. Any person associated with that buyer or renter.
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 with such dwelling, because of a disability of:
1. That person;
2. A person residing in or intending to reside in that dwelling
after it is so sold, rented, or made available;
3. Any person associated with that person.
c. For purposes of this Subsection, discrimination includes:
1. A refusal to permit, at the expense of the disabled person,
reasonable modifications 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.
2. A refusal to make reasonable accommodations in rules,
policies, practices, or services, when such accommodations may
be necessary to afford such person equal opportunity to use and
enjoy a dwelling;
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3. In connection with the design and construction of covered
multi-family dwellings for first occupancy after March 13, 1991, a
failure to design and construct those dwellings in such a manner
that:
(A) The public use and common use portions of such
dwellings are readily accessible to and usable by disabled
persons;
(B) 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;
(C) All premises within such dwellings contain the
following features of adaptive design:
(i) An accessible route into and through the
dwelling;
(ii) Light switches, electrical outlets, thermostats,
and other environmental controls in accessible
locations;
(iii) Reinforcements in bathroom walls to allow later
installation of grab bars;
(iv) Usable kitchens and bathrooms such that an
individual in a wheelchair can maneuver about the
space.
d. Compliance with the appropriate requirements of the American
National Standard for buildings and facilities providing accessibility and
usability for physically disabled persons (commonly cited as ANSI A117.1)
suffices to satisfy the requirements of Subsection (6)(c)(3)(C) of this
Section.
e. As used in this Subsection, the term covered multi-family dwellings
means:
1. Buildings consisting of four (4) or more units if such buildings
have one (1) or more elevators;
2. Ground-floor units in other buildings consisting of four (4) or
more units.
f. Nothing in this Subsection requires that a dwelling be made
available to an individual whose tenancy would constitute a direct threat to
35
the health or safety of other individuals or whose tenancy would result in
substantial physical damage to the property of others.
Sec. 27-132. Exemptions.
(a) Nothing in Section 27-131 of this Article other than Subsection 27-131(3) 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 (1) such sale within atwenty-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 dwellings, 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 Section 27-131(3) of this
Article. Nothing in this Subsection prohibits the utilization of attorneys,
escrow agents, abstractors, 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 (1) of such living
quarters of his residence.
(b) 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
principal in three (3) or more transactions involving the sale or rental of any
dwelling or any interest therein;
36
(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
involving 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) Nothing in this Article shall prohibit a religious organization, association, or
society or any nonprofit institution or organization 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 Article 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) (1) Nothing in this Article limits the applicability of Chapter 26 regarding the
maximum number of occupants permitted to occupy a dwelling. Nor does any
provision in this Article 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 (1) 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 regulations which require at least the following
factors:
1. That at least eighty percent (80%) of the units are occupied
by at least one (1) person fifty-five (55) years of age or older per
unit;
37
2. The publication of and adherence to policies and procedures
which demonstrate 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 Article who do not meet the age requirements of Subsection (d)(2)(b)
or (d)(2)(c) of this Section; provided that new occupants of such housing
meet the age requirements of Subsection (d)(2)(b) or (d)(2)(c) of this
Section.
b. Unoccupied units; provided that such units are reserved for
occupancy by persons who meet the age requirements of Subsection
(d)(2)(b) or (d)(2)(c) of this Section.
(4) Nothing in this Article prohibits conduct against a person because such
person has been convicted by any court of competent jurisdiction of the illegal
manufacture or distribution of a controlled substance as defined in Section 102 of
the Controlled Substances Act (21 U.S.C. 802) or Chapter 204 of the Code of
Iowa.
Sec. 27-133. Discrimination in Residential Real Estate-Related Transactions.
(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
transaction 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 Article prohibits a person engaged in the
business of furnishing appraisals of real property to take into consideration factors other
38
than race, color, religion, sex, familial status, national origin, creed, age, disability,
sexual orientation, or gender identity.
Sec. 27-134. 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, organization,
or facility relating to the business of selling or renting dwellings, or to discriminate
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.
Sec. 27-135. Administrative Enforcement; Preliminary Matters.
(a) Complaints and Answers.
(1) An aggrieved person may, not later than three hundred (300) days after an
alleged discriminatory housing practice has occurred or terminated, file a
complaint with the Commission alleging such discriminatory housing practice.
The Commission, on the Commission's own initiative, a commissioner, or the City
Attorney'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 Article;
b. The Commission shall, not later than ten (10) days after such filing
or the identification of an additional respondent under Subsection (a)(7) of
this Section, serve on the respondent a notice identifying the alleged
discriminatory housing practice and advising such respondent of the
procedural rights and obligations of respondents under this Article,
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
39
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 complainant and respondent in writing of the reasons for not doing so.
(6) Complaints and answers shall be under oath or affirmation and may be
reasonably 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 feasible, 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
arising 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 Article.
(5) a. At the end of each investigation under this Section, the Commission
shall prepare a final investigative report containing:
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;
40
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 agreement, 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 agreement.
(d) Prohibitions and Requirements with Respect to Disclosure of Information.
(1) Nothing said or done in the course of conciliation under this Article may be
made public or used as evidence in a subsequent proceeding under this Article
without the written consent of the persons concerned.
(2) Notwithstanding Subsection (d)(1) of this Section, the Commission shall
make available 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 purposes of
this Article, 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 order or other order granting
preliminary or temporary relief shall be issued in accordance with the Iowa Rules of Civil
Procedure. The commencement of a civil action under this Subsection does not affect
the initiation of continuation of administrative proceedings under this Article.
Sec. 27-136. Probable Cause Determination and Effect
(a) 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).
(b) A cause determination must:
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(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) 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 27-138 to all of the following persons:
(1) Each respondent;
(2) Each aggrieved person on whose behalf the complaint was filed.
(d) If the Commission determines that the matter involves the legality 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 Attorney's Office for
appropriate action.
(e) 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 Article.
(f) 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.
Sec. 27-137. Subpoenas; Giving of Evidence.
(a) In General. The Commission may issue subpoenas and order discovery in aid of
investigations and hearings under this Article. 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), shall be referred to the City Attorney's Office or the County
Attorney's Office for prosecution.
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(2) Any person who, with intent thereby to mislead another person in any
proceeding under this Article:
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);
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 evidence shall be referred to the City Attorney's Office or the
County Attorney's Office for prosecution.
Sec. 27-138. 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 complaint decided in a
civil action under Section 27-141 in lieu of a hearing under Subsection (f). The election
must be made not later than twenty (20) days after the receipt by the electing person of
service under Section 27-136 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) with respect to a complaint, the Commission shall provide
an opportunity for a hearing on the record with respect to the complaint issued under
Section 27-135. The Commission shall delegate 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 Subsection 27-137. 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.
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(2) A hearing under this Section shall be conducted as expeditiously and
inexpensively 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 determination, unless it is impracticable to do so. If the administrative law
judge is unable to commence the hearing within one hundred twenty (120) days
after the determination, 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.
(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 U.S.C. 3612.
(4) No such order shall affect any contract, sale, encumbrance, or lease
consummated before the issuance of such order and involving a bona fide
purchaser, encumbrancer, or tenant without actual notice of the charge filed
under this Article.
(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
governmental 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:
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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 including, 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
beginning 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.
Sec. 27-139. Review by Commission; Service of Final Order.
(a) The Commission may review any finding, conclusion, or order issued under
Section 27-138. 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.
Sec. 27-140. 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
administrative 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 appropriate temporary relief or restraining order.
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(2) The Commission shall file in court with the petition the record in 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 27-135 of this Article, 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 27-136(c) of this Article, 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 aggrieved 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 27-141. Any relief
so granted that would accrue to an aggrieved person in a civil action commenced
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by that aggrieved person under Section 27-141 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's 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's fee and costs.
Sec. 27-141. 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
occurrence or the termination of an alleged discriminatory housing practice, or
the breach of a conciliation agreement entered into under this Article, whichever
occurs last, to obtain appropriate relief with respect to such discriminatory
housing practice or breach.
(2) The computation of such two (2) year period shall not include any time
during which an administrative proceeding under this Article was pending with
respect to a complaint or charge under this Article 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 27-135 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 alleged 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 discriminatory
housing practice if an administrative law judge has commenced a hearing on the record
under this Article with respect to such charge.
(d) Appointment of Attorney by Court. Upon application by a person alleging a
discriminatory housing practice or a person against whom such a practice is alleged, the
court may:
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(1) Appoint an attorney for such person;
(2) Authorize the commencement or continuation of a civil action under
Subsection (a) 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), if the court finds that a discriminatory
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), may grant as
relief, as the court deems appropriate, any permanent or temporary injunction,
temporary restraining order, or other order, including 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), the court, in its discretion, may allow
the prevailing party reasonable attorney's 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, encumbrancer, or tenant
without actual notice of the filing of a complaint or civil action under this Article.
(g) Intervention by the 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 Attorney's
Office may obtain such relief as would be available to the City Attorney's Office under
Section 27-142 in a civil action to which such section applies.
Sec. 27-142. Enforcement by the 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 Article;
(2) A person has been denied any housing right granted by this Article 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.
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(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
expiration 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
expiration of ninety (90) days after the referral of the alleged breach under
Subsection 27-135(c).
(5) Enforcement of Subpoenas. The City Attorney's Office, on behalf of the
Commission or other party at whose request a subpoena is issued, under this
Article 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 business.
(6) Relief Which May Be Granted in Civil Actions under Subsection (a) and (b)
in Accordance with Section 216.17A of the Code of Iowa.
a. In a civil action under Subsection (a) or (b), the court:
1. May award such preventive relief, including a permanent or
temporary injunction, restraining order, or other order against the
person responsible for a violation of this Article as is necessary to
assure the full enjoyment of the rights granted by this Article;
2. May award such other relief as the court deems appropriate,
including monetary damages to the person aggrieved;
3. May, to vindicate the public interest, assess a civil penalty
against the respondent:
(i) In an amount not exceeding fifty thousand dollars
($50,000.00) for a first violation;
(ii) In an amount not exceeding one hundred thousand
dollars ($100,000.00) for any subsequent violation.
(c) Attorney's Fees and Costs. In a civil action under this Section, the court, in its
discretion, may allow the prevailing party reasonable attorney's fees and costs.
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(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)
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 27-141.
Sec. 27-143. Cooperation with State and Federal Agencies Administering Fair Housing
Laws.
The Commission may cooperate with state and federal agencies charged with the
administration 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 furtherance
of such cooperative efforts, the Commission may enter into written agreements with
such state or federal agencies.
Sec. 27-144. 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
Article.
Sec. 27-145. 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:
(1) Any person because of such person's race, color, 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;
(2) 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:
a. Participating, without discrimination on account of race, color, religion,
sex, familial status, national origin, creed, age, disability, sexual orientation, or
gender identity in the activities, services, organizations, or facilities described in
Subsection (a) of this Section;
b. Affording another person or class of persons opportunity or protection so
to participate.
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(3) 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 Subsection (a) of this
Section, or participating lawfully in speech or peaceful assembly opposing any denial of
the opportunity to so participate shall be referred to the County Attorney's Office for
prosecution.
Sec. 27-146. Disclaimer of Preemptive Effect on Other Articles.
Nothing in this Article of this Code limits any right, procedure, or remedy available under
the federal or state constitution.
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