What are the Federal Protections against Age Discrimination?

Facts about Age Discrimination (courtesy the U.S. Equal Employment Opportunity Commission)
The Age Discrimination in Employment Act in 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA's protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment. This includes, but is not limited to, hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA. The ADEA applies to employers with 20 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.

Apprenticeship Programs
It is generally unlawful for apprentice programs, including joint labor-management apprenticeship programs, to discriminate on the basis of an individual's age. Age limitations in apprenticeship programs are valid only if they fall within certain specific exemptions under the ADEA or if the EEOC grants a specific exemption.

Job Notices and Advertisements
The ADEA makes it unlawful to include age preferences, limitations, or specifications in job notices or advertisements. As a narrow exception to that general rule, a job notice or advertisement may specify an age limit in the rare circumstances where age is shown to be a "bona fide occupational qualification" (BGOQ) reasonably necessary to the essence of the business.

Pre-Employment Inquiries
The ADEA does not specifically prohibit an employer from asking an applicant's age or date of birth. However, because such inquiries may deter older workers from applying for employment or may otherwise indicate a possible intent to discriminate based on age, requests for age information will be closely scrutinized to make sure that the inquiry was made for a lawful purpose, rather than for a purpose prohibited by the ADEA.

Benefits
The Older Workers Benefit Protection Act of 1990 (OWBPA) amended the ADEA to specifically prohibit employers from denying benefits to older workers. An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is the same as the cost to providing benefits to younger workers.

Waiver of ADEA Rights
At an employer's request, an individual may agree to waive his/her rights under the ADEA. However, the ADEA, as amended by OWBPA, sets out specific minimum standards that must be met in order for a waiver to be considered knowing and voluntary and, therefore, valid. Among other requirements, a valid ADEA waiver: (1) must be in writing and be understandable; (2) must specifically refer to ADEA rights or claims; (3) may not waive rights or claims that may arise in the future; (4) must be in exchange for valuable consideration; (5) must advise the individual in writing to consult an attorney before signing the waiver; and (6) must provide the individual at least 21 days to consider the agreement and at least 7 days to revoke the agreement after signing it. In addition, if an employer requests an ADEA waiver in connection with an exit incentive program or other employment termination program, the minimum requirements for a valid waiver are more extensive.

What is the Genetic Information Nondiscrimination Act?

Genetic Information Nondiscrimination Act
Under Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), it is illegal to discriminate against employees or applicants because of genetic information. Title II of GINA prohibits the use of genetic information in making employment decisions, restricts acquisition of genetic information by employers and other entities covered by Title II, and strictly limits the disclosure of genetic information.

Genetic Information
Genetic information includes information about an individual's genetic tests and the genetic tests of an individual's family members, as well as information about any disease, disorder, or condition of an individual's family members (i.e. an individual's family medical history).

Six Exceptions to GINA

• Inadvertent acquisitions of genetic information do not violate GINA, such as in situations where a manager or supervisor overhears someone talking about a family member's illness
• Genetic information (such as family medical history) may be obtained as part of health or genetic services, including wellness programs, offered by the employer on a voluntary basis, if certain specific requirements are met.
• Genetic information may be acquired as part of the certification process for FMLA leave (or leave under similar state or local laws) where an employee is asking for leave to care for a family member with a serious health condition.
• Acquisitions through commercially and publicly available documents like newspapers is permitted, as long as the employer is not searching those sources with the intent of finding genetic information.
• Acquisition through a genetic monitoring program that monitors the biological effects of toxic substances in the workplace is permitted where the monitoring is required by law or, under carefully defined conditions, where the program is voluntary.
• Acquisition of genetic information of employees by employers who engage in DNA testing for law enforcement purposes as a forensic lab or for purposes of human remains identification is permitted, but the genetic information may only be used for analysis of DNA markers for quality control to detect sample contamination.

Confidentiality Requirements
It is also unlawful for an employer to disclose genetic information about applicants or employees. Employers must keep genetic information confidential and in a separate medical file. Genetic information may be kept in the same file as other medical information in compliance with the Americans with Disabilities Act (ADA). There are limited exceptions to this non-disclosure rule.

What Types of Reasonable Accommodations in Terms of Parking are Available for People with Disabilities?

State and Federal Fair Housing Laws Dealing with Parking for People with Disabilities
When a resident with a disability that limits or restricts his or her mobility complaints to his or her property manager about the lack of suitable parking or requests suitable spaces, the resident is requesting a reasonable accommodation. Under State and Federal Fair Housing laws, the property manager is obligated to make the accommodation to their policies or services:

• By designating additional spaces beyond the minimum required by State parking law, if reasonable and necessary to afford the resident an equal opportunity to use and enjoy his or her dwelling unit.
• By assisting with the enforcement of the designated parking spaces in order that the residents with disabilities have use of those spaces.
• Making other modifications to its (parking) policies and procedures if reasonable and necessary to afford the resident an equal opportunity to use and enjoy his or her dwelling unit.

To ensure that a housing complex is meeting both the requirements of the law and the needs of its residents, the property manager can request information about parking needs, including the need for a 'persons with disabilities' parking space at the time that the lease is entered. In this manner, the property manager will have current, accurate information with which to designate spaces for its residents and guests. In the interim, property managers may choose to use a survey in which they ask each resident to report the number of persons in their household, as well as the number of their visitors, who require designated parking as the basis for setting the number needed.

Remember, the State law that mandates parking for persons with disabilities sets a minimum number, not a maximum number.

How Many Parking Spots Must Property Managers Provide for People with Disabilities?

Lack of parking for persons with disabilities
For a person with a disability that limits or restricts their mobility, lack of sufficient parking can be a significant barrier to the full use and enjoyment of their dwelling. Lack of sufficient parking for people with disabilities at a housing complex can also be a violation of State parking law, as well as State and Federal Fair Housing Laws. A resident with a disability who has a DOT parking permit who cannot find an available 'persons with disabilities parking psace' or other suitable parking is effectively denied housing based on disability.

State parking law
State law mandates designated public parking for persons with disabilities. The law sets forth location, dimension, and designation requirements, as well as the dimension of access aisles along side the parking spaces. The law applies to off-street parking provided by public accommodations, such as retail stores and government agencies, as well as multi-family housing, such as apartments or condominiums.

• For property managers who provide ten or more resident parking spaces, they must designate at a minimum one parking space for persons with disabilities, as needed, for each dwelling unit housing a persons with a disability.
• Each of those designated spaces must meet the law's location, dimension, and designation requirements.
• If the property manager provides separate parking for visitors, then the manager must meet the number requirement for 'off-street parking facilities.' That number requirement is based on the number of total spaces offered. (Example: A property manager that offers 10-25 spaces for visitors must designate one of those spaces for persons with disabilities.)
• Where parking for residents and visitors is combined, the property manager should combine the number required for residents with disabilities with the number required for visitors to arrive at the minimum number required by State parking law.

How Does the Family and Medical Leave Act of 1993 (FMLA) Handle Pregnancy Discrimination

Who is Eligible for FMLA Leave?
The employer must have 50 or more employees for each working day during 20 or more calendar workweeks (not necessarily consecutive workweeks) in the current or preceding calendar year. The 50 or more employees must work within a 75-mile radius. The employee in question must have been employed for at least 1250 hours of service for the employer during the previous 12-month period immediately preceding commencement of the leave.

What are the Two Types of Leave under FMLA?

1. An eligible employee (male or female) may take family leave for the birth of a child/children; the adoption of a child/children; if the employees will have a foster child/children placed in his/her care; or to take care of a spouse, child/children or parent with a serious health condition.
2. An eligible employee may take medical leave when an employee is unable to perform his or her job because of the employee's own serious health condition. This includes pregnancy, miscarriages, or complications or illnesses related to pregnancy.

What are the Three Ways FMLA Leave May be Taken?

1. A leave of up to 12 consecutive weeks
2. Intermittent leave taken in separate blocks of time due to a single injury or illness
3. A reduced work leave schedule whereby the usual hours per workweek or per workday of the employee are reduced

Are There Any Other Things To Know About FMLA?

• An employee must provide the employer at least 30 days advance notice before the FMLA leave is to begin if the need is foreseeable. If circumstances require that the leave begin in less than 30 days, notice must be provided as soon as "practicable."
• If an employee is requesting leave due to birth, adoption, or foster care placement, the employer may require, or the employee employee may request the use of accrued vacation leave and/or accrued personal leave.
• The FMLA does not require a covered employer to provide any paid leave. Under certain circumstances, the FMLA permits the employee to choose or the employer to require substitution of paid leave, which has been accrued pursuant to the employer's policies, for any part of the leave, so that the total paid and unpaid leave equals 12 weeks.
• For the duration of the FMLA leave, the employer must maintain the employee's health coverage under the existing premium contribution arrangement through any group health plan.
• An employees returning from FMLA leave is entitled to be restored either to the same position the employee held before or an equivalent position with equivalent benefits, pay and other terms and conditions of employment.

What Areas of Pregnancy Discrimination Do the Iowa Civil Rights Act and Title VII Address?

Hiring and Termination
An employer cannot terminate or refuse to hire a woman because of her pregnancy-related condition as long as she is able to perform the major functions of her job, with or without accommodation. An employer cannot terminate or refuse to hire her because of the employer's prejudices against pregnant workers or the prejudices of co-workers, clients, or customers.

Pregnancy and Maternity Leave
An employer may not single out pregnancy-related conditions for special procedures to determine an employee's ability to work. However, an employer may use any procedure used to screen other employees' ability to work. For example, if an employer requires its employees to submit a doctor's statement concerning their inability to work before granting leave or paying sick benefits, the employer may require employees affected by pregnancy-related conditions to submit such statements.

If an employees is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee; for example, by providing modified tasks, alternative assignments, disability leave, or leave without pay.

Pregnant workers must be permitted to work as long as they are able to perform their jobs. If an employees has been absent from work as a result of a pregnancy-related condition and recovers, her employer may not require her to remain on leave until the baby's birth. An employer may not have a rule which prohibits an employee from returning to work for a predetermined length of time after childbirth. Employers must hold open a job for pregnancy-related absence the same length of time jobs are held open for employees on sick or disability leave, but must allow up to eight weeks of medically indicated leave. Beyond that, employers should try to return the person to the same or similar job within the same pay range.

Health Insurance
Any health insurance provided by an employer must cover expenses for pregnancy-related conditions on the same basis as costs for other medical conditions. Pregnancy-related expenses should be reimbursed exactly as those incurred for other medical conditions, whether payment is on a fixed basis or a percentage of reasonable and customary charge basis.

The amounts payable by the insurance provider can be limited only to the same extent as costs for other conditions. No additional, increased or larger deductible can be imposed.

If a health insurance plan excludes benefit payments for pre-existing conditions when the insured coverage becomes effective, benefits can be denied for medical costs arising from an existing pregnancy. Employers must provide the same level of health benefits for spouses of male employees as they do for spouses of female employees.

Fringe Benefits
Pregnancy-related benefits cannot be limited to married employees. In an all-female workforce or job classification, benefits must be provided for pregnancy-related conditions if benefits are provided for other medical conditions. If an employer provides any benefits to workers on leave, the employer must provide the same benefits for those on leave for pregnancy-related conditions. Employees with pregnancy-related disabilities must be treated the same as other temporarily disabled employees for accrual and crediting of seniority, vacation calculation, pay increases, and temporary disability benefits.

What Laws Cover Discrimination in Iowa Involving Pregnancy?

Chapter 216 of the Iowa Code (Iowa's Civil Rights Act)
The Iowa Civil Rights Act of 1965 prohibits discrimination in employment due to pregnancy. Chapter 216 is enforced by the Iowa Civil Rights Commission and applies to employers with 4 or more employees. Pregnancy is regarded as a temporary disability. Pregnancy must not be treated more harshly than other temporary disabilities under an employer's polices. Pregnancy, however, may be treated more favorably. If a reasonable accommodation is necessary to allow the pregnancy employee to perform the major functions of her position, the employer must attempt to do so. when leave is not available, an employer shall not refuse to grant a pregnant employees an unpaid leave of absence for up to 8 weeks, as required by doctor's orders. The employer may require that there be a medical certification for such leave.

The Pregnancy Discrimination Act
The Pregnancy Discrimination Act is an amendment to Title VII of The Civil Rights Act of 1964. It is enforced by the Equal Employment Opportunity Commission (EEOC), and applies to employers with 15 or more employees. Discrimination on the basis of pregnancy, childbirth or related medical conditions constitutes unlawful sex discrimination under Title VII. Women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.

Family and Medical Leave Act of 1993
The Family and Medical Leave Act of 1993 (FMLA) requires employers with 50 or more employees within a 75-mile radius to provide eligible employees with unpaid family and medical leaves of absence of up to 12 weeks during a 12-month period. The FMLA is enforced by the U.S. Department of Labor.

What Does the Iowa Safe Schools Law Prohibit?

Iowa Safe Schools Law
Effective September 1, 2007, Iowa Code Chapter 280 requires both public and private schools to establish policies prohibiting harassment and bullying against students by employers, schools volunteers, or other students. Students may now seek remedies under both Chapter 216 (Civil Rights Act) and Chapter 280.

What Does This Law Prohibit?
"Harassment" or "bullying" can e written, verbal, electronic, or physical conduct based on an actual or perceived trait or characteristic of the student which creates an objectively hostile school environment. "Hostile environment" means one or more of the following:

• Conduct which places the student in reasonable fear of harm to the student's person or property
• Conduct which has a substantially detrimental effect on the student's physical or mental health
• Conduct which substantially interferes with a student's academic performance
• Conduct which substantially interferes with the student's ability to participate in or benefit from the services, activities, or privileges provided by a school

Who Does This Law Protect?
The safe schools law, unlike the Iowa Civil Rights Act, applies only to students, not to school employees.

What are Reasonable Occupancy Standards for Housing in Iowa?

Occupancy Standards
Landlords may set reasonable occupancy standards for housing units, but landlords may not set standards stricter than the local housing code. If a locality does not have an occupancy code, the current guideline of the U.S. Department of Housing and Urban Development (HUD) is two persons per average-sized bedroom, taking into consideration the size and configuration of the unit as a whole. Landlords may limit a one-room efficiency apartment to one person. The occupancy standard is based on a "person," not on whether the person is an adult or a child or male, female, or transgender.

Mobile home parks may not set a limit of a certain persons per lot. The occupancy standard should be based on the number and size of the bedrooms in the mobile home. An exception could be made if the mobile home park can show that their service systems, such as water and sewer, cannot accommodate more resident.

How Can Harassment Affect Employers?

The Costs of Harassment

Harassment is expensive. A harassing atmosphere at work will cause low employee morale and high turnover. Low morale usually translates to low production or poor quality work. Many times a victim of harassment will simply quit and leave a job rather than have a confrontation about it. This costs money for the employer to hire and train new workers.

There are costs involved if a harassment complaint is filed internally with the employer, i.e., staff time needed to investigate and resolve the complaint. If a complaint is filed with an enforcement agency, there will be additional costs for staff time and legal counsel to respond to the complaint.

If there is an adverse decision from the enforcement agency or a court, the employer may have to pay damages for lost pay or emotional distress. If a charge of harassment becomes public knowledge, a business could suffer a loss of customers and public good will.

Employer Liability

When a termination has been made that harassment did occur in the workplace, the follow liability standards apply:

• Harassment by a supervisor or manager involving a "tangible job action": the employer is always liable. A "tangible job action" includes such things as hiring, firing, failure to promote, loss or raise, etc.
• Harassment by a supervisor or manager involving hostile environment: employer is liable unless the employer proves that they exercised reasonable care to prevent and remedy any harassing behavior, and that the complainant filed to take advantage of preventive or corrective measures or otherwise avoid harm.
• Harassment by a supervisor or manager: the harasser may be individually liable, as well as the employer.
• Harassment by a co-worker, non-employee or other outside person: the employer is liable if the employer knew or should have known about the harassment and did not take prompt remedial action.
• Co-workers may also be individually liable for damages caused by harassment.

Owners, managers and supervisors need to be aware of the provisions of the laws prohibiting harassment in order to handle problems if and when they occur.

What is the Definition of Sexual Harassment in the Workplace?

The Equal Employment Opportunity Commission (EEOC) Guidelines define sexual harassment as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:

• submission to such conduct is made an implicit or explicit condition of an individual's employment;
• submission to or rejection of such conduct affects employment opportunities; or
• such conduct interferes with an employee's work or creates an intimidating, hostile, or offensive work environment.

The key phrases in the EEOC definition of sexual harassment are "unwelcome" and "of a sexual nature." The behavior must be unsolicited and unwelcomed by the victim. The phrase "of a sexual nature" means that sex or gender must be the underlying nature of the behavior. Men and women may have disputes or disagreements on the job, but this would not be viewed as harassment unless there is a sexual element to the interaction.

This definition does not prohibit the usual social interaction, which sometimes is of a sexual nature, among people who work together. People can get acquainted, joke together, or ask for a date as long as that is welcomed by the parties involved. Welcome behavior or consensual contacts of a sexual nature are not harassment.

There are two types of harassment: that which results in a tangible employment action and that which creates an unlawful hostile environment but does not result in a tangible employment action. An employer is always liable for a supervisor's harassment if it results in a tangible employment action. If it does not involve a tangible employment action, however, the employer may be able to avoid liability or limit damages by establishing that it exercised reasonable care to prevent and correct promptly any harassing behavior and that the employee unreasonably failed to utilize the preventive or corrective opportunities provided by the employer.

Harassment involves a tangible employment action if it results in a significant change in employment status based on the employee's responses to unwelcome sexual demands. Examples of tangible employment actions include hiring and firing, promotion and failure to promote, demotion, compensation decisions and work assignments.

The employer is liable for supervisor harassment because supervisors are aided in their misconduct by the authority that the employers have delegated to them, such as the authority to undertake or recommend tangible employment decisions, or to direct the employee's daily work activities.

With respect to conduct between co-workers, an employer is responsible for acts of sexual harassment in the workplace where the employer knew or should have known of the conduct, unless it can show that it took immediate and appropriate corrective action.

What is Workplace Harassment and Are There Laws that Prohibit It?

What is Harassment?

Harassment is behavior which has the effect of humiliating, intimidating, or coercing someone through personal attack. It is behavior that will make someone uncomfortable or embarrassed, and cause emotional distress. It frequently occurs when one person wants to exert power or control over another person.

Harassment may be intentional with a person targeted personally, or it may be unintentional. What matters is how the person receiving the behavior perceives it to be.

While harassment because of sex gets the most attention, harassment because of other protected characteristics such as race, national origin, sexual orientation, gender identity, religion, age, or physical and mental disability is also prohibited under state and federal laws. Harassment because of marital status or appearance may also be illegal, depending on jurisdiction; it is always disrespectful and inappropriate workplace behavior.

The Laws that Prohibit Harassment

Title VII of the federal Civil Rights Act of 1964 prohibits discrimination in the workplace because of race, color, sex, religion, and national origin. Other federal laws prohibit discrimination because of age or disability. Harassment is a form of discrimination covered under these laws.

The Equal Employment Opportunity Commission (EEOC) has issued guidelines on sexual harassment in behavior and which set forth the standards followed by enforcement agencies and the courts in handling charges of sexual harassment. The definition's framework can also be applied to harassment for other reasons.

The Iowa Civil Rights Act of 1965, Iowa Code Chapter 216, also prohibits employment discrimination because of race, sex, sexual orientation, gender identity, religion, creed, national origin, age, color, or disability. Harassment is considered to be a form of prohibited discrimination. The state goes beyond Title VII by also prohibiting discrimination in the areas of housing, public accommodations, credit, and education.

In addition, many cities have human rights / civil rights ordinances that prohibit discrimination in the workplace.

Fair Housing Laws

What Laws Protect You From Housing Discrimination?

Local: Many cities have local civil/human rights agencies prohibiting housing discrimination. Contact your local city hall for information.

State: The "Iowa Civil Rights Act" (Iowa Code 216) prohibits housing discrimination based on race, color, sex, sexual orientation, gender identity, religion, national origin, mental disability, physical disability, and familial status (presence of children in the home).

Federal: The Federal Civil Rights Act of 1866 prohibits discrimination in housing because of race or color. The Civil Rights Act of 1968, Title VII, and the Fair Housing Amendments Act of 1989 prohibit discrimination in housing because of race, color, sex, religion, national origin, disability, and familial status.

Familial status, or presence of children in the home, protects families with children under 18 years of age. Also protected are families seeking custody of a child or expecting the birth of a child. There is only a narrow exception to this part of the law: units designated as "housing for older persons."

Property owners are required by law to allow reasonable modifications to a property (at the tenant's expense) and to make reasonable accommodations in policies in order to accommodate the needs of persons with disabilities.

Service Animals in Housing and Public Places

Are There Guidelines about Service Animals in Housing and Public Places in Iowa?

Federal, state, and some local laws require that housing providers and places normally open to the public must allow trained service animals to accompany people with disabilities onto the premise. This includes businesses, agencies, government offices, health clinics, and covered dwellings.

A service animal is any animal that has been trained to perform tasks for the benefit of a person with a disability. Under the law, a service animal is not considered a pet. Dogs are the most common service animals, but other species (miniature horses, monkeys, birds, cats, etc.) also can be service animals. Service animals can perform many types of tasks for someone with a disability.

Guide dogs are used by people who are blind or visually impaired. Other service animals are trained to alert a deaf person to sounds, to alert an individual with seizure disorder to an oncoming seizure, to carry and pick up things for someone who uses a wheelchair, or to help with balance, with example.

There are no legal requirements for service animals to be specifically identified. Some (but not all) service animals wear special vests and harnesses. Some (but not all) are licensed or "certified" and/or have identification papers.

"No pets" policies do not apply to service animals. You must make an exception for them.

Responsibilities:

• Businesses cannot require a person with a disability to show proof of a disability or certification of a service animal's status. They may ask a person with an animal if it is a service animals required because of a disability, if they are not certain that an animal is a service animal. Housing providers may request verification if the disability or need for the service animals is not obvious or otherwise known.
• Businesses and housing providers cannot restrict the areas where a service animal may go. A service animal must be allowed to accompany a person with a disability everywhere that people may normally go, unless the animal's presence creates a basic change to your business operation or threat to safety.
• Businesses and housing providers cannot restrict access to service animals because of health regulations. The Americans with Disabilities Act (ADA) takes priority over local and state laws or regulations. The only exception is a hospital operation room; however, patient rooms are not restricted.
• Businesses may exclude a service animal from the premises when its behavior poses a direct threat to the health or safety of others. Businesses do not have to accommodate a service animal when doing so would result in a fundamental alteration to the nature of the business.