Human Rights Ordinance Amendment_Gender IdentityNovember 14, 2007
Hon. Mayor and City Council Members
City of Dubuque
50 W. 13th Street
Dubuque, IA 52001
Dear Mayor and City Council:
Chapter 27 of the Dubuque Code of Ordinances establishes the legal standards under
which an individual who is discriminated against may pursue a complaint with the
Dubuque Human Rights Commission. At its meeting on November 5, 2007, the Human
Rights Commission voted in favor of recommending that the City Council update the
Human Rights Ordinance to make it consistent with recent changes to Chapter 216 of
the Iowa Code by adding gender identity and slightly altering the language of the
religious exemption. The Commission's recommendation is consistent with informal
advice provided in a letter dated October 24, 2007, from the State of Iowa Department
of Justice indicating that cities should amend existing ordinances to reflect the recent
changes to Chapter 216.
The Human Rights Commission of the City of Dubuque respectfully submits its
recommendation to amend Chapter 27 of the current city ordinance. The ordinance, if
enacted, would provide people with legal recourse if they are denied housing,
employment, credit, education or service at a public accommodation because of their
gender identity.
Sincerely,
Shane Oswald
Chair, Dubuque Human Rights Commission
TF3E CITY OF
DUB E
Masterpiece orr t{ze Mississippi
MEMORANDUM
November 6, 2007
To: Michael Van Milligen, City Manager , /~
From: Kelly Larson, Human Rights Director ~~
Subject: City of Dubuque Code of Ordinances Chapter 27, Human Relations
Attached are proposed modifications to Chapter 27 of the Dubuque Code of
Ordinances. At its meeting on November 5, 2007, the Human Rights Commission voted
in favor of recommending that the City Council update the Human Rights Ordinance to
make it consistent with recent changes to Chapter 216 of the Iowa Code by adding
gender identity and slightly altering the language of the religious exemption. The
Commission's recommendation is consistent with the recommendation of Assistant City
Attorney Crenna Brumwell contained in her memo dated October 18, 2007. The
recommendation also is consistent with informal advice provided in a letter dated
October 24, 2007, from the State of Iowa Department of Justice, a copy of which is
attached, indicating that cities should amend existing ordinances to reflect the recent
changes to Chapter 216.
Assistant City Attorney Crenna Brumwell, the Human Rights Commission, and
recommend that the City Council amend Chapter 27 to make it consistent with state
law.
cc: Crenna Brumwell
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THE CTPY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi n _
CRENNA M. BRUMWELL, ESQ.
ASSISTANT CITY ATTORNEY
To: Michael C. Van Milligen, City Manager
DATE: October 18, 2007
RE: City of Dubuque Code of Ordinances Chapter 27, Human Relations
Effective July 1, 2007 the State of Iowa extended protection under the Iowa Civil Rights
Act (Iowa Code Chapter 216) to cover sexual orientation and gender identity.
Additionally the exemption provisions regarding religion were addressed.
The City of Dubuque already includes sexual orientation as a protected class under City
of Dubuque Code of Ordinances Chapter 27 but gender identity is not currently
protected. The City must enforce the state law protecting gender identity under Chapter
216 of the state code. Unless the City adopts gender identity under Chapter 27 any and
ap complaints which are based on gender identity must be sent by the Human Rights
Department to the State of Iowa for investigation and enforcement. There will be no
local enforcement option.
The primary difference appears to be how religion is addressed. The City currently
defines "religious educational institution" but refers to both "religious educational
institution" and "religious institution." This is confusing and difficult to interpret. The
state language is more articulate and easier to understand.
Recommendation:
I recommend the City amend its ordinance to conform to the recently amended state
law. This amounts to the addition of gender identity as a protected class and a slight
modification of the current religious exemptions. I am enclosing the proposed
mod cations. Please let me know if you need further information or would like Jenny to
schedule a meeting. Thank you.
cc: Kelly Larson, Human Rights Director
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STRE€T DUBUQUE, IA 52001$944
TELEPHONE (563) 589-4381 / FAx (563) 583-1040 / EMAIL. cbrumwel~CCityoidubuque.org
Preparers Crenna M. Brumwell Address: Suite 330 300 Main Street Dubuque. IA 52001
Telephone: (563) 589-4381
ORDINANCE NO. -07
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES CHAPTER 27 HUMAN
RELATIONS, SECTION 27-1 DEFINITIONS BY ADDING A NEW DEFINITION FOR
"GENDER IDENTITY" AND DELETING THE DEFINITION OF "RELIGIOUS
EDUCATIONAL INSTITUTION"; AMENDING SECTION 27-51 AIDING OR
ABETTING, PROHIBITING AIDING OR ABETTING UNFAIR OR DISCRIMINATORY
PRACTICES BASED ON GENDER IDENTITY; AMENDING SECTION 27-61.
PROHIBITED PRACTICES RELATING TO UNFAIR OR DISCRIMINATORY
PRACTICES RELATING TO PUBLIC ACCOMMODATIONS BASED ON GENDER
IDENTITY; AMENDING SECTION 27-71 PROHIBITED PRACTICES RELATING TO
UNFAIR OR DISCRIMINATORY PRACTICES IN EMPLOYMENT BASED ON
GENDER IDENTITY; AMENDING SECTION 27-72 EXEMPTIONS FROM DIVISION
CLARIFYING THE TERM "BONA FIDE RELIGIOUS INSTITUTION"; AMENDING
SECTION 27-91 PROHIBITED PRACTICES; EXCEPTION RELATING TO UNFAIR
OR DISCRIMINATORY PRACTICES IN CERTAIN CONSUMER CREDIT
TRANSACTIONS BASED ON SEXUAL ORIENTATION OR GENDER IDENTITY;
AMENDING 27-101 PROHIBITED PRACTICES; EXCEPTIONS RELATING TO
UNFAIR OR DISCRIMINATORY PRACTICES BY EDUCATIONAL INSTITUTIONS
BASED ON GENDER IDENTITY; AMENDING SECTION 27-131 PROHIBITIONS
RELATING TO DISCRIMINATION IN THE SALE OR RENT OF A DWELLING BASED
ON GENDER IDENTITY; AMENDING SECTION 27-132 EXEMPTIONS EXEMPTING
CERTAIN RELIGIOUS ORGANIZATIONS FROM CERTAIN CONDUCT BASED ON
GENDER IDENTITY; AMENDING SECTION 27-133 DISCRIMINATION IN
RESIDENTIAL REAL ESTATE-RELATED TRANSACTIONS RELATING TO
DISCRIMINATION IN CERTAIN REAL ESTATE-RELATED TRANSACTIONS BASED
ON GENDER IDENTITY; AMENDING SECTION 27-134 DISCRIMINATION IN
PROVISION OF BROKERAGE SERVICES RELATING TO THE DENIAL OF
CERTAIN BROKERAGE SERVICES BASED ON GENDER IDENTITY; AMENDING
SECTION 27-145 VIOLATIONS; BODILY INJURY; DEATH; PENALTIES
PROHIBITING INJURY, INTIMIDATION OR INTERFERENCE WITH A PERSON
BASED ON GENDER IDENTITY
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Chapter 27 Human Relations is
hereby amended to read as follows:
Sec. 27-1. Definitions '
When used in this chapter, the following terms shall have the meanings ascribed herein
unless the context otherwise requires:
Commission: The Dubuque human rights commission created by article II of this
chapter.
-. 1 - __
Court: The Iowa district court in and for Dubuque County.
Covered Entity: An employer, employment agency, labor organization, or joint labor
management committee.
Direct Threat: A significant risk to the health or safety of others that cannot be
eliminated by reasonable accommodation.
Disability: With respect to a person:
(1) A physical or mental impairment which substantially limits one or more of such
person's major life activities, and the condition of a person with a positive human
immunodeficiency virus test result, a diagnosis of acquired immune deficiency
syndrome, a diagnosis of acquired immune deficiency syndrome related complex, or
any other condition related to acquired immune deficiency syndrome. The inclusion
of a condition related to a positive human immunodeficiency virus test result in the
meaning of "disability" under the provisions of this chapter does not preclude the
application of the provisions of this chapter to conditions resulting from other
contagious or infectious diseases;
(2) A record of having such an impairment; or
(3) Being regarded as having such an impairment, but such term does not include
current, illegal use of or addiction to a controlled substance as defined in section 102
of the controlled substances act (21 USC 802) or chapter 204 of the Iowa Code.
Drug: A controlled substance, as defined in schedules I through V of section 202 of the
controlled substances act.
Employee: An individual employed by an employer.
Employer. 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: 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: One or more individuals (who have not attained the age of 18 years)
being domiciled with:
(1) A parent or other person having legal custody of such individual or individuals;
(2) The designee of such parent or other person having such custody, with the
written permission of such parent or other person; or
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(3) The protections afforded against discrimination on the basis of familial status
shall apply to any person who is pregnant or is in the process of securing legal
custody of any individual who has not attained the age of eighteen (18) years.
Gender Identity: A gender related identity of a person, regardless of the person's
assigned sex at birth.
Labor Organization: Any organization which exists for the purpose in whole or in part of
collective bargaining, of dealing with employees concerning grievances, terms or
conditions of employment, or of other mutual aid or protection in connection with
employment.
Person: An individual, partnership, association, corporation, legal representative,
trustees, receiver, any other legal entity and the state and all political subdivisions and
agencies thereof.
Public Accommodation: 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 paragraph shall not be construed
by negative implication or otherwise to restrict any part or portion of the preexisting
definition of the term "public accommodation" (contained in the definition above).
Readily Achievable: Easily accomplishable and able to be carried out without much
difficulty or expense. In determining whether an action is readily achievable, factors to
be considered include:
(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; the effect on expenses and resources,
or the impact otherwise of such action 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; the
number, type, and location of its facilities; and
(4) The type of operation or operations of the covered entity, including the
composition, structure, and functions of the work force of such entity; the geographic
separateness, administrative or fiscal relationship of the facility or facilities in
question to the covered entity.
Reasonable Accommodation: May include:
(1) Making existing facilities used by employees readily accessible to and usable by
individuals with disabilities; and
(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: a person's actual, history of, or perceived heterosexuality,
homosexuality, or bisexuality, but not including participation in conduct that is prohibited
by law.
Undue Hardship: An action requiring significant difficulty or expense. In determining
whether an accommodation would impose an undue hardship on a covered entity,
factors to be considered include:
(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;
(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; the
number, type, and location of its facilities; and
(4) The type of operation or operations of the covered entity, including the
composition, structure, and functions of the work force of such entity; the geographic
separateness, administrative, or fiscal relationship of the facility or facilities in
question to the covered entity.
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Unfair Practice Or Discriminatory Practice: Those practices specified as unfair or
discriminatory in articles IV and VI of this chapter.
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. 27-61. 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,
or sexual orientation 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. 27-71. 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
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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.
(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
6
(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.
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.
(2) Person authorized or licensed to do business in this State pursuant to chapters
524, 533, 534, 536 or 536A of the Code of Iowa to refuse to loan or extend to
persons of similar economic backgrounds because of age, color, creed, national
origin, race, religion, marital status, sex, physical disability, sexual orientation 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 State Code
of Iowa or United States Code.
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, extracurricular, 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;
7
(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 purpose of this section, "educational institution" includes any preschool,
elementary, secondary, or community college, area education agency, or
postsecondary college or university and their governing boards. This section does not
prohibit an educational institution from maintaining separate toilet facilities, locker rooms
or living facilities for the different sexes so long as comparable facilities are provided.
Nothing in this section shall be construed as prohibiting any bona fide religious
institution from imposing qualifications based on religion when such qualifications are
related to a bona fide religious purpose or any institution from admitting students of only
one sex.
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 or disability, sexual orientation, or
gender identity or an intent 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.
Sec. 27-132. Exemptions:
8
(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; and
b. In the sale of any single-family house, the private individual owner does not
reside in, nor is the most recent resident of such house prior to such sale; the
exemption granted by this subsection shall apply to only one such sale within a
24-month period; and
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; and
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; and
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 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; or
(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; or
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(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); or
b. Intended for, and solely occupied by, persons sixty two (62) years of age or
older; or
c. Intended and operated for occupancy by at least one person fifty five (55) years
of age or older per unit. In determining whether housing qualifies as housing for
older persons under this subsection, the Commission shall develop regulations
which require at least the following factors:
1. That at least eighty percent (80%) of the units are occupied by at least one
person fifty five (55) years of age or older per unit; and
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;
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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
person who meets 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 Iowa Code.
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; or
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 or
sexual orientation.
Sec. 27-134. Discrimination in provision of brokerage services.
It shall be unlawful to deny to 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. 27-145. Violations; Bodily Injury; Death; Penalties:
11
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; or
(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; or
(b) Affording another person or class of persons opportunity or protection so to
participate; or
(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.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved and adopted this day of , 2007.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
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EFFECT OF AMENDMENT
Sec. 27-1. Definitions'
When used in this chapter, the following terms shall have the meanings ascribed herein
unless the context otherwise requires:
Commission: The Dubuque human rights commission created by article II of this
chapter.
Court: The Iowa district court in and for Dubuque County.
Covered Entity: An employer, employment agency, labor organization, or joint labor
management committee.
Direct Threat: A significant risk to the health or safety of others that cannot be
eliminated by reasonable accommodation.
Disability.' With respect to a person:
(1) A physical or mental impairment which substantially limits one or more of such
person's major life activities, and the condition of a person with a positive human
immunodeficiency virus test result, a diagnosis of acquired immune deficiency
syndrome, a diagnosis of acquired immune deficiency syndrome related complex, or
any other condition related to acquired immune deficiency syndrome. The inclusion
of a condition related to a positive human immunodeficiency virus test result in the
meaning of "disability" under the provisions of this chapter does not preclude the
application of the provisions of this chapter to conditions resulting from other
contagious or infectious diseases;
(2) A record of having such an impairment; or
(3) Being regarded as having such an impairment, but such term does not include
current, illegal use of or addiction to a controlled substance as defined in section 102
of the controlled substances act (21 USC 802) or chapter 204 of the Iowa Code.
Drug: A controlled substance, as defined in schedules I through V of section 202 of the
controlled substances act.
Employee: An individual employed by an employer.
Employer. The state or any political subdivision, board, commission, department,
institution, or school district thereof, and every other person employing employees
within the state.
13
Employment Agency: 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: One or more individuals (who have not attained the age of 18 years)
being domiciled with:
(1) A parent or other person having legal custody of such individual or individuals;
(2) The designee of such parent or other person having such custody, with the
written permission of such parent or other person; or
(3) The protections afforded against discrimination on the basis of familial status
shall apply to any person who is pregnant or is in the process of securing legal
custody of any individual who has not attained the age of eighteen (18) years.
Gender Identity A gender related identity of a person regardless of the person's
assigned sex at birth.
Labor Organization: Any organization which exists for the purpose in whole or in part of
collective bargaining, of dealing with employees concerning grievances, terms or
conditions of employment, or of other mutual aid or protection in connection with
employment.
Person: An individual, partnership, association, corporation, legal representative,
trustees, receiver, any other legal entity and the state and all political subdivisions and
agencies thereof.
Public Accommodation: 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 paragraph shall not be construed
by negative implication or otherwise to restrict any part or portion of the preexisting
definition of the term "public accommodation" (contained in the definition above).
14
Readily Achievable: Easily accomplishable and able to be carried out without much
difficulty or expense. In determining whether an action is readily achievable, factors to
be considered include:
(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; 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; the
number, type, and location of its facilities; and
(4) The type of operation or operations of the covered entity, including the
composition, structure, and functions of the work force of such entity; the geographic
separateness, administrative or fiscal relationship of the facility or facilities in
question to the covered entity.
Reasonable Accommodation: May include:
(1) Making existing facilities used by employees readily accessible to and usable by
individuals with disabilities; and
(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.
. ,
~a°+~utrTecL r~rim~ril~i h~i a-~el'r~~9~1$ ~rn~ni~~~inn
Sexual Orientation: a person's actual, history of, or perceived heterosexuality,
homosexuality, or bisexuality, but not including participation in conduct that is prohibited
by law.
Undue Hardship: An action requiring significant difficulty or expense. In determining
whether an accommodation would impose an undue hardship on a covered entity,
factors to be considered include:
(1) The nature and cost of the accommodation needed under this chapter;
15
(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 othenivise 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; the
number, type, and location of its facilities; and
(4) The type of operation or operations of the covered entity, including the
composition, structure, and functions of the work force of such entity; the geographic
separateness, administrative, or fiscal relationship of the facility or facilities in
question to the covered entity.
Unfair Practice Or Discriminatory Practice: Those practices specified as unfair or
discriminatory in articles IV and VI of this chapter.
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, er-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. 27-61. 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, e~sexual orientation or gender identity the accommodations,
16
advantages, facilities, services, or privileges thereof, or otherwise to discriminate
against any person because of race, creed, color, sex, age, national origin, religion,
or sexual orientation 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, sr-sexual orientation or gender identity is unwelcome, objectionable,
not acceptable, or not solicited.
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, e~--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, religions asexual 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.
17
(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 officer1 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.
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.
(2) Person authorized or licensed to do business in this State pursuant to chapters
524, 533, 534, 536 or 536A of the Code of Iowa to refuse to loan or extend to
persons of similar economic backgrounds because of age, color, creed, national
origin, race, religion, marital status, sex, physical disability) e~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, e~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 State Code
of Iowa or United States Code.
18
Sec. 27-101. Prohibited Practices; Exceptions:
tt is an unfair or discriminatory practice for any educational institution to discriminate on
the basis of race, creed, color, sex, national origin, religion, disability, e~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, extracurricular, 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 purpose of this section, "educational institution" includes any preschool,
elementary, secondary, or community college area education
agency, or postsecondary college or university and their governing boards. This section
does not prohibit an educational institution from maintaining separate toilet facilities,
locker rooms or living facilities for the different sexes so long as comparable facilities
are provided. Nothing in this section shall be construed as prohibiting any bona fide
religious institution from imposing qualifications based on religion when such
qualifications are related to a bona fide religious purpose or any institution from
admitting students of only one sex.
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, s~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, e~sexual orientation or gender identity.
19
(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 or disability, e~sexual orientation, or
gender identity or an intent+eflal 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, disabilityl~ 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, disability1-e~ sexual orientation or gender identity.
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; and
b. In the sale of any single-family house, the private individual owner does not
reside in, nor is the most recent resident of such house prior to such sale; the
exemption granted by this subsection shall apply to only one such sale within a
24-month period; and
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; and
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; and
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
20
companies, and other such professional assistance as necessary to perfect or
transfer the title.
(2) Rooms or units in dwellings containing living quarters occupied or intended to be
occupied by no more than four (4) families living independently of each other, if the
owner actually maintains and occupies one of such living quarters 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; or
(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; or
(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, e~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); or
21
b. Intended for, and solely occupied by, persons sixty two (62) years of age or
older; or
c. Intended and operated for occupancy by at least one person fifty eve (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
person fifty five (55) years of age or older per unit; and
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
person who meets 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 Iowa Code.
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, disability1~ 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; or
22
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 or
sexual orientation.
Sec. 27-134. Discrimination in provision of brokerage services.
It shall be unlawful to deny to 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)-$r sexual orientation or gender identity.
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; or
(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, e~sexual orientation or
gender identity in the activities, services, organizations or facilities described in
subsection (a) of this Section; or
(b) Affording another person or class of persons opportunity or protection so to
participate; or
(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)-ef sexual orientation or slender identity
23
~~
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.
24
y~,~r~, O.PFQ~
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THOMAS J. MILLER y y y
ADDRESS REPLY TO:
ATTORNEY GENERAL ~8~?Xx~~81'C~ .Ir~ J~$~t~C~ HOOVER BUILDING
OES MO1ME$, IOWA 50319
TELEPHONE:518I287.5164
FACSIMILE: 5131281.4209
October 24, 2007
Mr. Ralph Rosenberg, Executive Director
Iowa Civil Rights Commission
Grimes State Office Building
400 E. 14th Street
Des Moines, Iowa 50319-1004
Dear Executive Director Rosenberg:
Our office is in receipt of your request for an opinion of the Attorney General
concerning the enforcement of civil rights statutes following enactment of Senate File
427. Senate File 427 amended Iowa Code Chapter 216 to extend civil rights protections
to persons based on sexual orientation and gender identity. The amendments to Chapter
216 became effective on July 1, 2007. See Iowa Code § 3.7(1) (2007). You state that
several municipalities already extend civil rights protections to persons based on sexual
orientation and gender identity. You also state that the Iowa Civil Rights Commission
contracts with some local commissions to assist in the processing of discrimination
complaints. In light of the recent amendments to Chapter 216, you ask whether local
human and civil rights commissions can enforce the new civil rights protections based on
sexual orientation and gender identity without amending local ordinances, or whether
local human and civil rights commissions should amend local ordinances to bring local
laws into compliance with the state statutes. Because we believe your questions can be
answered based on existing statutes and case law, we are responding by this letter of
informal advice.
Amendments to Iowa Code Chapter 216
Senate File 427 amended Chapter 216 to add sexual orientation and gender identity
to statutes that address discrimination in many different contexts. In employment, sexual
orientation and gender identity are prohibited grounds to refuse to hire, refer, discharge or
otherwise discriminate in employment; or to refuse to admit to membership or otherwise
discriminating in membership privileges, rights, or benefits; or to advertise or in any other
manner indicate or publicize that individuals ...are unwelcome, objectionable, not
acceptable, or not solicited for employment or membership unless based on the nature of
Mr. Ralph Rosenberg, Executive Director
Iowa Civil Rights Commission
Page 2
the occupation. Iowa Code § 216.6(1)(a)-(c) (2007}, as amended by Senate File 427, 82nd
G.A. ls` Sess., § 3 (Iowa 2007}. These provisions do not apply to any bona fide religious
institution omits educational facility, association, corporation, or society, but only if
sexual orientation or gender identity afire related to a bona fide religious purpose. Iowa
Code § 216.6(6)(d}, as amended by Senate File 427, 82"a G.A. 1 S` Sess., § 4 (Iowa 2007).
Religious institutions have similar exceptions from the anti-discrimination laws in public
accommodations and housing. Iowa Code §§ 216.7{2)(a}, 216.12(1), as amended by Senate
File 427, 82"a G.A. ls` Sess., §§ 6, 14 (Iowa 2007).
Senate File 427 amended statutes in Chapter 21 G governing discrimination in
public accommodations. When providing a public accommodation, sexual orientation
and gender identity cannot be used to refuse, deny or otherwise discriminate in furnishing
accommodations, advantages, facilities, services, or privileges. Iowa Code § 216.7(1)(a)
(2007), as amended by Senate File 427, 82"a G.A. ls` Sess., § S (Iowa 2007). When
advertising or publicizing a public accommodation, sexual orientation and gender identity
cannot be used as a ground on which patronage is unwelcome, objectionable, not
acceptable or not solicited. Iowa Code § 216.7(1)(b) {2007), as amended by Senate File
427, 82na G.A. 1$` Sess., § S (Iowa 2007).
Senate File 427 also amended statutes in Chapter 216 governing discrimination in
housing. Sexual orientation and gender identity cannot be grounds to refuse to sell, rent,
lease, assign, sublease, refiise to negotiate, or to otherwise make unavailable, or deny any
real property or housing accommodation or to discriminate in the terms, conditions, or
privileges of the transaction or in the provision of services or facilities in connection with
the real property or housing accommodation. Additionally, when advertising or in any
other manner indicating or publicizing these transactions, sexual orientation and gender
identity cannot be grounds on which persons are unwelcome, objectionable, not
acceptable, or not solicited. Similarly, discrimination on these grounds is prohibited
because persons "may from time to time be present in or on the ...premises for lawful
purposes at the invitation of the lessee or owner as friends, guests, visitors, relatives, or in
any similar capacity." Iowa Code § 216.8(1)-(4) (2007}, as amended by Senate File 427,
82"a G.A. 1~` Sess., § 7 (Iowa 200'7. Additional prohibitions extend to representations in
real estate transactions. Iowa Code § 216.8A(1)-(S) (2007), as amended by Senate File
427, 82"a G.A. ls` Sess., § 8-10 (Iowa 2007).
Finally, Senate 1~ile 427 extends these prohibitions to educational institutions and
persons engaged in certain credit practices. Iowa Code § 216.9-10 (2407), as amended by
Senate File 427, 82"a G.A. ls` Sess., §§ 11-13 (Iowa 2007).
Mr. Ralph Rosenberg, Executive Director
Iowa Civil Rights Commission
Page 3
Local Laws and Ordinances
The extensive amendments to the state statutes impact the local enforcement of
civil rights laws. Chapter 216 expressly contemplates local enforcement of the Iowa civil
rights statutes. Section 216.19 states:
Nothing in this chapter shall be construed as indicating an
intent on the part of the general assembly to occupy the field
in which this chapter operates to the exclusion of local Laws
not inconsistent with this chapter that deal with the same
subject matter.
Further:
Nothing in this chapter shall be construed as indicating an
intent to prohibit an agency or commission of local
government having as its puzpose. the investigation and
resolution of violations of this chapter from developing
procedures and remedies necessary to insure the protection of
rights secured by this chapter. All cities shall, to the extent
possible, protect the rights of the citizens of this state secured
by the Iowa civil rights Act. Nothing in this chapter shall be
construed as limiting a city or local government from enacting
any ordinance or other law which prohibits broader or
different categories of unfair or discriminatory practices.
Iowa Code § 216.19 (2007) (emphasis added).
This statutory language makes clear that.Iowa Code Chapter 216 does not preempt
a "city or local government" from enacting local laws or ordinances that prohibit unfair or
discriminatory practices. 1982 Op. Atty. Gen.~8$ ("A city is within its authority to enact
a local ordinance which expands the protections granted its citizens under the state
statute, as long as the ordinance is not irreconcilable with either the procedural
mechanism or substantive rights provided by Chapter 601A"). ee Goodell v. Humboldt
Coun , 575 N.W.2d 486 (Iowa 1998). Compare Worth County Friends of A~,riculture v.
Worth County, 688 N.W.2d 257 (Iowa 2004).
If local laws or ordinances are enacted, Chapter 216 directs that "[a]ll cities shall.,
to the extent possible, protect the rights of the citizens of this state secured by the Iowa
Mr. Ralph Rosenberg, Executive Director
Iowa Civil Rights Commission
Page 4
civil rights Act." Consistent with the language of section 216.19, local laws or
ordinances may prohibit discrimination on additional grounds that are "broader" or
"different" from Chapter 216, but "shall ...protect the rights of the citizens of this state"
that are "secured" by Chapter 216. Ordinarily, the use of the term "shall" indicates a
mandatory intent. State v. Luckett, 387 N.W.2d 298 (Iowa 1986). This statutory
language directs cities that enact ordinances to protect the rights of citizens to the extent
of the protections now afforded by Chapter 216. Cities that enact ordinances, therefore,
may protect citizens on additional grounds that are "broader" or "different" from those in.
Chapter 216, but they must protect citizens on the grounds that are contained in Chapter
216.
Generally, "[w]hen the text of a statute is plain and its meaning clear" courts
"apply the language of the statute as written and will not search for meaning beyond
express terms of the statute or resort to rules of statutory construction." University of
Iowa Hospitals and Clinics v. Waters,705 N.W.2d 507 (Iowa App. 2005). Applying this
principle, with the enactment of Senate File 427 the rights of citizens of this state secured
by the Iowa Civil Rights Act plainly expanded to include sexual orientation and gender
identity. Accordingly, Chapter 216 now directs cities to protect the rights of the citizens
of this state based on sexual orientation and gender identity.'
Local Enforcement of Chapter 216
Cities have enforcement options when protecting the rights of citizens. The Iowa
Supreme Court has recognized the power of a local human rights commission to enforce
Chapter 21b directly. In Gray v.~Kinseth Corp., 636 N.W.2d 100 (Iowa 2001}, the Court
considered whether aright-to-sue letter issued by the Iowa Civil Rights Commission
controlled in calculating the 90-day period within which a former employee was required
to commence legal action. Both the state and local commission had issued right-to-sue
letters approximately one month apart. The 90-day period after issuance of the local
letter had expired before suit was filed; however, the 90-day period after issuance of the
state letter had not expired before suit was filed. Relying on language in section 216.19,
' The failure to conform local ordinances fo the state statute may have additional
consequences. The Iowa Civil Rights Commission is authorized to designate an
unfunded local agency or commission as a "referral agency." A local agency or
commission shall not be designated a referral agency unless the ordinance creating it
"provides the same rights and remedies" as provided in Chapter 216. Iowa Code
§ 216.19 (2007).
Mr. Ralph Rosenberg, Executive Director
Iowa Civil Rights Commission
Page 5
the Court observed that "local commissions have jurisdiction to enforce the Iowa Civil
Rights Act as well as local ordinances." Id. at 102-03. Although this case focuses on
procedural confusion over the processing of a complaint at the state and local level, it
seems clear the Court considered the local commission to be authorized to enfarce
Chapter 216 directly. See, eg_nerallX, Van Meter Industrial v Mason City Human Rights
Camm'n., 675 N.W.2d 503, 516 (Iowa 2004} ("[T]he Commission in this case acted
under the authority and subject to the limitations of chapter 216....").
Conclusions
The authorization for local governments to enact local laws and ordinances and the
statutory directive to "protect the rights of the citizens of this state secured by the Iowa
civil rights Act" make clear that cities should amend existing ordinances to reflect the
recent legislative amendments to Chapter 216. We find nothing in Chapter 216 that
suggests cities may ignore these statutory amendments and maintain local laws and
ordinances that .provide Less protection to their citizens than the protection that is now
extended under state law. Relying an the Kinseth decision, cities may opt to enforce the
state civil rights statutes directly. Direct enforcement of Chapter 216 does not relieve
cities of the obligation to conform ordinances to the civil rights protections now extended
to the citizens of Iowa under state law.
I hope our advice is helpful to you and to the Iowa Civil Rights Commission as
you work with local governments to protect the civil rights of the citizens of Iowa.
Sincerely,
6 1 ~
JULIE F. P4TTORFF
Deputy Attorney General