The League of Iowa Human & Civil Rights Agencies is an informal statewide organization comprised of the Iowa Civil Rights Commission (ICRC), the Iowa Department of Human Rights (DHR) and local civil and human rights commissions throughout the state of Iowa. This blog provides information about federal and state civil rights laws impacting Iowans. To learn more about the League, please visit http://www.leagueofiowahumanrights.com/.




Tuesday, December 28, 2010

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.

Wednesday, December 22, 2010

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.

Thursday, December 16, 2010

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.

Tuesday, December 14, 2010

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.

Thursday, December 9, 2010

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.

Tuesday, December 7, 2010

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.

Saturday, December 4, 2010

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.

Wednesday, December 1, 2010

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.