Religious Exemptions to the Iowa Civil Rights Act
The Iowa Civil Rights Act does grant an exemption for religious institutions. Chapter 216:12 mentions the following exemption:
a. Any bona fide religious institution with respect to any qualifications it may impose based on religion, sexual orientation, or gender identity, when the qualifications are related to a bona fide religious purpose unless the religious institution owns or operates property for a commercial purpose or membership in the religion is restricted on account of race, color, or national origin.
Friday, June 3, 2011
Wednesday, June 1, 2011
Do Employers Need to Make Reasonable Accommodations Based on Religion?
Religious Discrimination & Reasonable Accommodation
The law requires an employer or other covered entity to reasonably accommodate an employee’s religious beliefs or practices, unless doing so would cause more than a minimal burden on the operations of the employer's business. This means an employer may be required to make reasonable adjustments to the work environment that will allow an employee to practice his or her religion. Examples of some common religious accommodations include flexible scheduling, voluntary shift substitutions or swaps, job reassignments, and modifications to workplace policies or practices.
Religious Accommodation/Dress and Grooming Policies
Unless it would be an undue hardship on the employer's operation of its business, an employer must reasonably accommodate an employee's religious beliefs or practices. This applies not only to schedule changes or leave for religious observances, but also to such things as dress or grooming practices that an employee has for religious reasons. These might include, for example, wearing particular head coverings or other religious dress (such as a Jewish yarmulke or a Muslim headscarf), or wearing certain hairstyles or facial hair (such as Rastafarian dreadlocks or Sikh uncut hair and beard). It also includes an employee's observance of a religious prohibition against wearing certain garments (such as pants or miniskirts).
When an employee or applicant needs a dress or grooming accommodation for religious reasons, he should notify the employer that he needs such an accommodation for religious reasons. If the employer reasonably needs more information, the employer and the employee should engage in an interactive process to discuss the request. If it would not pose an undue hardship, the employer must grant the accommodation.
Religious Discrimination & Reasonable Accommodation and Undue Hardship
An employer does not have to accommodate an employee’s religious beliefs or practices if doing so would cause undue hardship to the employer. An accommodation may cause undue hardship if it is costly, compromises workplace safety, decreases workplace efficiency, infringes on the rights of other employees, or requires other employees to do more than their share of potentially hazardous or burdensome work.
Religious Discrimination And Employment Policies/Practices
An employee cannot be forced to participate (or not participate) in a religious activity as a condition of employment.
Information courtesy of the U.S. Equal Employment Opportunity Commission
The law requires an employer or other covered entity to reasonably accommodate an employee’s religious beliefs or practices, unless doing so would cause more than a minimal burden on the operations of the employer's business. This means an employer may be required to make reasonable adjustments to the work environment that will allow an employee to practice his or her religion. Examples of some common religious accommodations include flexible scheduling, voluntary shift substitutions or swaps, job reassignments, and modifications to workplace policies or practices.
Religious Accommodation/Dress and Grooming Policies
Unless it would be an undue hardship on the employer's operation of its business, an employer must reasonably accommodate an employee's religious beliefs or practices. This applies not only to schedule changes or leave for religious observances, but also to such things as dress or grooming practices that an employee has for religious reasons. These might include, for example, wearing particular head coverings or other religious dress (such as a Jewish yarmulke or a Muslim headscarf), or wearing certain hairstyles or facial hair (such as Rastafarian dreadlocks or Sikh uncut hair and beard). It also includes an employee's observance of a religious prohibition against wearing certain garments (such as pants or miniskirts).
When an employee or applicant needs a dress or grooming accommodation for religious reasons, he should notify the employer that he needs such an accommodation for religious reasons. If the employer reasonably needs more information, the employer and the employee should engage in an interactive process to discuss the request. If it would not pose an undue hardship, the employer must grant the accommodation.
Religious Discrimination & Reasonable Accommodation and Undue Hardship
An employer does not have to accommodate an employee’s religious beliefs or practices if doing so would cause undue hardship to the employer. An accommodation may cause undue hardship if it is costly, compromises workplace safety, decreases workplace efficiency, infringes on the rights of other employees, or requires other employees to do more than their share of potentially hazardous or burdensome work.
Religious Discrimination And Employment Policies/Practices
An employee cannot be forced to participate (or not participate) in a religious activity as a condition of employment.
Information courtesy of the U.S. Equal Employment Opportunity Commission
Monday, May 30, 2011
Does the Law Protect Against Discrimination Based on Religion?
Definition of Religious Discrimination
Religious discrimination involves treating a person unfavorably because of his or her religious beliefs. The law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious, ethical or moral beliefs. Religious discrimination can also involve treating someone differently because that person is married to (or associated with) an individual of a particular religion or because of his or her connection with a religious organization or group.
Types of Protections from Religious Discrimination
State and federal law forbid discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. State and federal law also prohibit discrimination in the area of housing, including rental units, purchase of property, housing loans, and property insurance. Iowa law also protects people from discrimination and harassment in the areas of public accommodation (public buildings and services), credit, and education.
Information courtesy of the U.S. Equal Employment Opportunity Commission, U.S. Department of Housing and Urban Development, and the Iowa Civil Rights Commission.
Religious discrimination involves treating a person unfavorably because of his or her religious beliefs. The law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious, ethical or moral beliefs. Religious discrimination can also involve treating someone differently because that person is married to (or associated with) an individual of a particular religion or because of his or her connection with a religious organization or group.
Types of Protections from Religious Discrimination
State and federal law forbid discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. State and federal law also prohibit discrimination in the area of housing, including rental units, purchase of property, housing loans, and property insurance. Iowa law also protects people from discrimination and harassment in the areas of public accommodation (public buildings and services), credit, and education.
Information courtesy of the U.S. Equal Employment Opportunity Commission, U.S. Department of Housing and Urban Development, and the Iowa Civil Rights Commission.
Wednesday, May 25, 2011
Are There Protections Based on Immigration or Citizenship Status?
Citizenship Discrimination and Workplace Laws
The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for an employer to discriminate with respect to hiring, firing, or recruitment or referral for a fee, based upon an individual's citizenship or immigration status. The law prohibits employers from hiring only U.S. citizens or lawful permanent residents unless required to do so by law, regulation or government contract. Employers may not refuse to accept lawful documentation that establishes the employment eligibility of an employee, or demand additional documentation beyond what is legally required, when verifying employment eligibility (i.e., completing the Department of Homeland Security (DHS) Form I-9), based on the employee's national origin or citizenship status. It is the employee's choice which of the acceptable Form I-9 documents to show to verify employment eligibility.
IRCA also prohibits retaliation against individuals for asserting their rights under the Act, or for filing a charge or assisting in an investigation or proceeding under IRCA.
IRCA’s nondiscrimination requirements are enforced by the Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division. OSC may be reached at:
Information courtesy of the U.S. Equal Employment Opportunity Commission
The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for an employer to discriminate with respect to hiring, firing, or recruitment or referral for a fee, based upon an individual's citizenship or immigration status. The law prohibits employers from hiring only U.S. citizens or lawful permanent residents unless required to do so by law, regulation or government contract. Employers may not refuse to accept lawful documentation that establishes the employment eligibility of an employee, or demand additional documentation beyond what is legally required, when verifying employment eligibility (i.e., completing the Department of Homeland Security (DHS) Form I-9), based on the employee's national origin or citizenship status. It is the employee's choice which of the acceptable Form I-9 documents to show to verify employment eligibility.
IRCA also prohibits retaliation against individuals for asserting their rights under the Act, or for filing a charge or assisting in an investigation or proceeding under IRCA.
IRCA’s nondiscrimination requirements are enforced by the Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division. OSC may be reached at:
1-800-255-7688 (voice for employees/applicants),
1-800-237-2515 (TTY for employees/applicants),
1-800-255-8155 (voice for employers), or
1-800-362-2735 (TTY for employers), or
http://www.usdoj.gov/crt/osc.
http://www.usdoj.gov/crt/osc.
Information courtesy of the U.S. Equal Employment Opportunity Commission
Wednesday, March 9, 2011
What are the Three Main Types of Lending Discrimination?
1) Disparate Treatment: Mortgage application is denied because of consideration of the applicant’s race or other protected characteristic.
Rejected Applicant (Plaintiff) must show:
(1) Membership in a protected class
(2) He or she applied for and was qualified for a loan with a lending institution;
(3) The loan was rejected despite his or her qualifications; and
(4) The lending institution continued to approve loans for applicants with similar qualifications.
Testers (similarly situated applicant, not a member of plaintiff’s protected class) are often utilized to prove disparate treatment.
2) Disparate Impact: A lending institution’s facially neutral policy has a significant and adverse affect on a group of people made up of one or more protected characteristics. There must be a causal connection between policy and adverse affect.
Criteria for evaluating disparate impact claims:
(1) The strength of the plaintiff's statistical showing;
(2) The legitimacy of the defendant's interest in taking the action complained of;
(3) Some indication-which might be suggestive rather than conclusive-of discriminatory intent; and
(4) The extent to which relief could be obtained by limiting interference by, rather than requiring positive remedial measures of, the defendant.
3) Redlining: The practice of using certain, protected neighborhood characteristics as a basis for declining to lend to a borrower who wishes to purchase a home in that neighborhood. Can be very difficult to prove as companies are allowed to make smart business decisions in declining loans. Deference is typically given to the lender.
Reverse Redlining: The practice of approving loan applications for homebuyers in a protected class in a predatory manner. This practice is attributed as a major cause of the recent housing market collapse.
Rejected Applicant (Plaintiff) must show:
(1) Membership in a protected class
(2) He or she applied for and was qualified for a loan with a lending institution;
(3) The loan was rejected despite his or her qualifications; and
(4) The lending institution continued to approve loans for applicants with similar qualifications.
Testers (similarly situated applicant, not a member of plaintiff’s protected class) are often utilized to prove disparate treatment.
2) Disparate Impact: A lending institution’s facially neutral policy has a significant and adverse affect on a group of people made up of one or more protected characteristics. There must be a causal connection between policy and adverse affect.
Criteria for evaluating disparate impact claims:
(1) The strength of the plaintiff's statistical showing;
(2) The legitimacy of the defendant's interest in taking the action complained of;
(3) Some indication-which might be suggestive rather than conclusive-of discriminatory intent; and
(4) The extent to which relief could be obtained by limiting interference by, rather than requiring positive remedial measures of, the defendant.
3) Redlining: The practice of using certain, protected neighborhood characteristics as a basis for declining to lend to a borrower who wishes to purchase a home in that neighborhood. Can be very difficult to prove as companies are allowed to make smart business decisions in declining loans. Deference is typically given to the lender.
Reverse Redlining: The practice of approving loan applications for homebuyers in a protected class in a predatory manner. This practice is attributed as a major cause of the recent housing market collapse.
Friday, March 4, 2011
What Should Students Do If They Experience Harassment at School?
Remember, harassment is not the student's fault. Every student has a right to an educational setting free of harassment. There are actions students can take to end the harassment.
- Tell the harasser in person or in writing that the behavior is not welcome. Ask them to stop. Be specific about actions or words that make the student uncomfortable.
- Tell someone else about the harassment, a trusted adult or friend.
- Keepa written record of the incidents of harassment, including notes of witnesses who might have observed the incident.
- If the harassment does not stop, report it to school administration. A parent or friend can accompany the student if support is desired.
- If the school does not take prompt action to stop and resolvethe complaint, file a complaint with an external agency like the Iowa Civil Rights Commission or the Iowa Department of Education.
For additional information on harassment or other issues regarding discrimination, you may also want to contact the Iowa Civil Rights Commission, the Iowa Department of Education, Iowa Pride Network, or the Iowa Safe Schools Taskforce.
- Tell the harasser in person or in writing that the behavior is not welcome. Ask them to stop. Be specific about actions or words that make the student uncomfortable.
- Tell someone else about the harassment, a trusted adult or friend.
- Keepa written record of the incidents of harassment, including notes of witnesses who might have observed the incident.
- If the harassment does not stop, report it to school administration. A parent or friend can accompany the student if support is desired.
- If the school does not take prompt action to stop and resolvethe complaint, file a complaint with an external agency like the Iowa Civil Rights Commission or the Iowa Department of Education.
For additional information on harassment or other issues regarding discrimination, you may also want to contact the Iowa Civil Rights Commission, the Iowa Department of Education, Iowa Pride Network, or the Iowa Safe Schools Taskforce.
Thursday, March 3, 2011
What Do Schools Need to Do About Harassment?
An important part of a school's program is to take steps to prevent harassment before it occurs. An institution needs to raise the issue and confront harassment before it becomes a problem.
- Acknowledge the problem; don't deny that it could happen in your school.
- Provide training to administrators, staff, and students so that they understand and recognize prohibited behavior and how to report it.
- Administrators, teachers and adult staff should set a good example of professional behavior.
- Under Title IX, schools should have a policy prohibiting sexual harassment. Administrators, teachers and students must be informed of the policy.
- Under Title IX, schools must establish a grievance procedure that is adequate and suitable for dealing with sexual harassment complaints.
Once a harassment complaint has been filed, the school administration needs to take prompt remedial action.
- When a harassment complaint is filed, take it seriously. Assure the person that a prompt and confidential investigation will take place.
- Designate and train persons to investigate complaints. Sensitivity to the problem, sound professional judgment, and knowledge of legal standards of investigation are important.
- If the investigation shows that the harassment did happen, take prompt disciplinary action against the harasser.
- Acknowledge the problem; don't deny that it could happen in your school.
- Provide training to administrators, staff, and students so that they understand and recognize prohibited behavior and how to report it.
- Administrators, teachers and adult staff should set a good example of professional behavior.
- Under Title IX, schools should have a policy prohibiting sexual harassment. Administrators, teachers and students must be informed of the policy.
- Under Title IX, schools must establish a grievance procedure that is adequate and suitable for dealing with sexual harassment complaints.
Once a harassment complaint has been filed, the school administration needs to take prompt remedial action.
- When a harassment complaint is filed, take it seriously. Assure the person that a prompt and confidential investigation will take place.
- Designate and train persons to investigate complaints. Sensitivity to the problem, sound professional judgment, and knowledge of legal standards of investigation are important.
- If the investigation shows that the harassment did happen, take prompt disciplinary action against the harasser.
Wednesday, March 2, 2011
What Activities Constitute Harassment?
Harassment, which is not welcomed by the recipient, falls into into four types of behavior:
1. Physical: touching in a sexual manner, pinching, rubbing up against, gestures, assault.
2. Verbal: jokes of a racial, ethnic, or sexual nature; comments or questions about a person's body, dress, or personal life, using demeaning or inappropriate terms; using crude and offensive language of a sexual nature, name-calling or racial or ethnic slurs; demeaning comments about age, disability, or sexual orientation.
3. Visual: cartoons, drawings, or caricatures of a racial, ethnic, or sexual nature; pin-up pictures or calendars; displaying sexual objects in offices or rental units. Electronic messages or e-mail are frequently used for inappropriate personal messages, or to distribute jokes and cartoons that are offensive. Even after these messages are deleted on the computer, they can be retrieved to use as evidence of harassment.
4. Hazing: teasing, practical jokes of a sexual, racial or ethnic nature, ostracizing, starting or spreading rumorabout a person's personal life or sexual activities.
1. Physical: touching in a sexual manner, pinching, rubbing up against, gestures, assault.
2. Verbal: jokes of a racial, ethnic, or sexual nature; comments or questions about a person's body, dress, or personal life, using demeaning or inappropriate terms; using crude and offensive language of a sexual nature, name-calling or racial or ethnic slurs; demeaning comments about age, disability, or sexual orientation.
3. Visual: cartoons, drawings, or caricatures of a racial, ethnic, or sexual nature; pin-up pictures or calendars; displaying sexual objects in offices or rental units. Electronic messages or e-mail are frequently used for inappropriate personal messages, or to distribute jokes and cartoons that are offensive. Even after these messages are deleted on the computer, they can be retrieved to use as evidence of harassment.
4. Hazing: teasing, practical jokes of a sexual, racial or ethnic nature, ostracizing, starting or spreading rumorabout a person's personal life or sexual activities.
Tuesday, March 1, 2011
What is the Emotional Impact on Students Who Experience Harassment?
Students who have been harassed have reported the following feelings and actions:
- Not wanting to attend school; staying home, or cutting class
- Not wanting to talk as much in class
- Finding it hard to pay attention
- Making a lower grade on a test or in a class
- Wanting to change schools or even drop out
- Dropping out of chosen classes or field of study
- Not being able to obtain customary letters of reference or recommendations from a teacher
- Not wanting to attend school; staying home, or cutting class
- Not wanting to talk as much in class
- Finding it hard to pay attention
- Making a lower grade on a test or in a class
- Wanting to change schools or even drop out
- Dropping out of chosen classes or field of study
- Not being able to obtain customary letters of reference or recommendations from a teacher
Monday, February 28, 2011
Are There Protections Against Harassment in Schools?
Harassment in Education: It is Against the Law!
Harassment is illegal in all areas protected by Iowa Code Chapter 216. This includes education, employment, public accommodations, credit and housing.
Acts of harassment take place every day in schools across the country. Frequently these acts, even if reported to administration, are dismissed as harmless, as "kids will be kids," or as "no big deal." Many people do not realize that harassment that interferes with a person's educational progress is illegal, just as it is illegal in the workplace.
Harassment because of sex, race, national origin, religion, sexual orientation, gender identity, and physical and mental disability is illegal. Both boys and girls can experience sexual harassment. And both girls and boys could be harassed by someone of the same sex.
Hallways and classrooms are the places where harassment most frequently takes place, in spite of the fact that these places are public and other people are usually present. Other places where harassment takes place include school grounds, the gymnasium, pool, locker rooms, restrooms, parking lots, school buses and on field trips. Four out of five students who are harassed are targeted by a current or former student of their school, with the remainder of the harassment coming from adults or school staff.
Harassment is illegal in all areas protected by Iowa Code Chapter 216. This includes education, employment, public accommodations, credit and housing.
Acts of harassment take place every day in schools across the country. Frequently these acts, even if reported to administration, are dismissed as harmless, as "kids will be kids," or as "no big deal." Many people do not realize that harassment that interferes with a person's educational progress is illegal, just as it is illegal in the workplace.
Harassment because of sex, race, national origin, religion, sexual orientation, gender identity, and physical and mental disability is illegal. Both boys and girls can experience sexual harassment. And both girls and boys could be harassed by someone of the same sex.
Hallways and classrooms are the places where harassment most frequently takes place, in spite of the fact that these places are public and other people are usually present. Other places where harassment takes place include school grounds, the gymnasium, pool, locker rooms, restrooms, parking lots, school buses and on field trips. Four out of five students who are harassed are targeted by a current or former student of their school, with the remainder of the harassment coming from adults or school staff.
Thursday, January 27, 2011
What Does the Americans with Disabilities Act Say about Service and Emotional Support Animals?
Three Classes of Animals
Pets are animals living with owners for purposes of love, affection, and company.- Emotional Support Animals provide some therapeutic benefit to persons with mental or psychiatric disability, requiring no specific training. The mere presence of this animal mitigates the effects of the emotional or mental disability.
- Service Animals are any animal individually trained to do work or perform tasks for the benefit of an individual with a physical, intellectual, or mental disability (i.e., guiding individuals with impaired vision, providing protection or rescue work, pulling a wheelchair, or fetching dropped items.)
Americans with Disabilities Act (Titles II and III)
- Congress intended that public places take necessary steps to accommodation service animals and ensure that individuals do not get separated from their service animals.
- Only protects service animals in public places (not emotional support animals, and does not touch private residences)
- Access to public services, programs, activities, and accommodations of government or private entities.
- Entity must provide policies to allow a person with a service animal access to the goods and services offered by the entity
- Implemented and enforced by the U.S. Department of Justice (DOJ)
- DOJ publishes a guide for businesses addressing practices regarding service animals, available at http://www.ada.gov/business.htm#Anchor-AD-11481.
- Cannot charge handler fees or surcharges to have service dog accompany them in public places.
- Public accommodation may ask an individual with a disability to remove a service animal from the premises if:
- The animal is not housebroken.
- The animal's presence or behavior fundamentally alters the nature of the gods or services that the public entity provides.
- The animal is out of control and the animal's handler does not take effective action to control it.
- The animal poses a direct threat to the health and safety of others that cannot be eliminated by reasonable modifications.
- Cannot require documentation that the animal has been certified or licensed as a service animal and the animal need not wear any special collar, harness, vest, emblem, or other means of identifying as such.
Tuesday, January 25, 2011
What Does the Fair Housing Amendments Act of 1988 Say about Service and Emotional Support Animals?
Three Classes of Animals
- Pets are animals living with owners for purposes of love, affection, and company.
- Emotional Support Animals provide some therapeutic benefit to persons with mental or psychiatric disability, requiring no specific training. The mere presence of this animal mitigates the effects of the emotional or mental disability.
- Service Animals are any animal individually trained to do work or perform tasks for the benefit of an individual with a physical, intellectual, or mental disability (i.e., guiding individuals with impaired vision, providing protection or rescue work, pulling a wheelchair, or fetching dropped items.)
Fair Housing Amendments Act of 1988
Refusal to make reasonable accommodations in rules, policies, practices, or services when necessary to provide equal opportunity to use and enjoy a residential dwelling is discriminatory (i.e., waiver of a "no pets" rule.- Landlords must modify said policies, practices, or procedures to permit an individual with a disability to use, own, and live with a service and/or emotional support animal when doing so is necessary to provide a tenant an equal opportunity to use and enjoy the dwelling.
- Persons who wish to obtain and live with an emotional support or service animal may have to present documentation from a physician, psychiatrist, social worker, or other mental health professional that the animal provides support which mitigates at least one identified symptom of the disability.
- Landlords cannot:
- Ask a tenant to pay a deposit, fee, or surcharge in exchange for having a service or emotional support animals, even if they require such a practice from owners who wish to obtain pets in their dwelling.
- Require that an emotional support animal have any specific training.
- Require the service or emotional support animal to wear or carry any special collar, harness, vest, emblem, or other means of identifying as such.
- Inquire about the extent of the disability or ask for detailed medical records for the individual requesting the service or emotional support animal.
- A person with a disability may, however, be charged for damages caused to the premises by their emotional support or service animal.
Thursday, January 13, 2011
Can Employers Require Medical Exams?
Courtesy Successful Interviewing Guide by Iowa Workforce Development
Medical Examinations
Under the Americans with Disabilities Act (ADA) it is unlawful for the employer to require an applicant to take a medical examination before making a job offer. After a job offer is made and prior to the commencement of employment duties, an applicant may be required to take a medical examination if everyone who will be working in the job category must also take the examination. The job offer may be made conditional on the results of the medical examination. However, if an individual is not hired because a medical examination reveals the existence of a disability, the employer must be able to show that the reasons for exclusion are job-related and necessary for the conduct of business. Also, the employer must be able to show that there was no reasonable accommodation that would have made it possible for the individual to perform the essential job functions.
While a person is employed, an employer cannot require that an employee undergo a medication examination or inquiry unless it is job-related and consistent with business necessity. The employer's evidence of job-related problems should be objective. When an employee is injured on or off the job, becomes ill, or otherwise disabled, a medical examination may be necessary to determine if the person can continue to perform the essential functions of the job, with or without a reasonable accommodation. The examination may also be necessary to determine the need for or extent of reasonable accommodation.
Employers may conduct periodic examinations and other medical screening and monitoring required by federal, state, or local laws. Employers may also conduct voluntary medication examinations and screening as part of an employee health and wellness program.
Information obtained from an employee medical examination or inquiry may not be used to discriminate against the employee. All information obtained from employee medical examinations and inquiries must be maintained in secured files separate from personnel files, and must be used in accordance with ADA confidentiality requirements.
Medical Examinations
Under the Americans with Disabilities Act (ADA) it is unlawful for the employer to require an applicant to take a medical examination before making a job offer. After a job offer is made and prior to the commencement of employment duties, an applicant may be required to take a medical examination if everyone who will be working in the job category must also take the examination. The job offer may be made conditional on the results of the medical examination. However, if an individual is not hired because a medical examination reveals the existence of a disability, the employer must be able to show that the reasons for exclusion are job-related and necessary for the conduct of business. Also, the employer must be able to show that there was no reasonable accommodation that would have made it possible for the individual to perform the essential job functions.
While a person is employed, an employer cannot require that an employee undergo a medication examination or inquiry unless it is job-related and consistent with business necessity. The employer's evidence of job-related problems should be objective. When an employee is injured on or off the job, becomes ill, or otherwise disabled, a medical examination may be necessary to determine if the person can continue to perform the essential functions of the job, with or without a reasonable accommodation. The examination may also be necessary to determine the need for or extent of reasonable accommodation.
Employers may conduct periodic examinations and other medical screening and monitoring required by federal, state, or local laws. Employers may also conduct voluntary medication examinations and screening as part of an employee health and wellness program.
Information obtained from an employee medical examination or inquiry may not be used to discriminate against the employee. All information obtained from employee medical examinations and inquiries must be maintained in secured files separate from personnel files, and must be used in accordance with ADA confidentiality requirements.
Tuesday, January 11, 2011
What Types of Reasonable Accommodations Need to Be Made During the Hiring Process
From Successful Interviewing Guide by Iowa Workforce Development
Reasonable and Necessary Accommodations During the Hiring Process
The Americans with Disabilities Act (ADA) requires that reasonable accommodations be made for applicants with disabilities during every step of the hiring process. The ADA requires that people whose disabilities impair sensory, speaking or manual skills be given tests in a format that does not require use of the impaired skills, unless the test is designed to measure that skill. Some examples of accommodation include:
Reasonable and Necessary Accommodations During the Hiring Process
The Americans with Disabilities Act (ADA) requires that reasonable accommodations be made for applicants with disabilities during every step of the hiring process. The ADA requires that people whose disabilities impair sensory, speaking or manual skills be given tests in a format that does not require use of the impaired skills, unless the test is designed to measure that skill. Some examples of accommodation include:
- Substituting a written test for an oral test (or written instructions for oral instructions) for people with disabilities that impair speaking or hearing
- Giving a test in large print, in Braille, by a reader, or on a computer for people with visual or other reading disabilities
- Providing the services of a sign language interpreter during the interview or testing procedures for applicants with impaired hearing
- Iowa Civil Rights Commission: http://www.state.ia.us/government/crc
- Iowa Department of the Blind: http://www.blind.state.ia.us/
- Iowa Department of Human Rights (Deaf Services and Persons with Disabilities: http://www.humanrights.iowa.gov/
- Iowa Department of Human Services: http://www.dhs.iowa.gov/
- Iowa Department of Public Health: http://www.idph.state.ia.us/
- Iowa Development Disabilities Council: http://idaction.com/
- Iowa Vocational Rehabilitation Services: http://www.ivrs.iowa.gov/
- Iowa Workforce Development: http://www.iowaworkforce.org/
Thursday, January 6, 2011
What Questions Can Employers Ask Applicants with Disabilities?
Valid Types of Questions During the Interview Process
- Whether an applicant can perform the duties of the job, with or without accommodation
- If the applicant has the necessary ability and experience related to the specific duties and essential functions of the job
- If the applicant has the necessary licenses, diplomas, training certificates, or other required qualifications
- Ask the applicant to describe or demonstrate how he/she/zhe will perform the specific functions, if this is required of everyone, regardless of disability
- If the applicant can meet the requirements of the employer's work hours, overtime work, travel, and attendance policies
- Ask a previous employer about job functions and tasks performed by the applicant, the quality and quantity of the work performed, the applicant's attendance record, and other job-related questions that are not likely to disclose disability
- Do you have a disability or major illness?
- What is the nature or severity of your disability or any conditions/diseases for which you have been treated?
- Have you ever been hospitalize4d?
- Have you ever been treated for a mental illness?
- Questions about an applicant's past record of a disability, the applicant's record of drug/alcohol addiction or the nature of related treatment
- Have you ever filed a worker's compensation claim or suffered a disabling injury in a previous job?
- Will you need time off for medical treatments or for other reasons associated with your disability?
Tuesday, January 4, 2011
What Does the Law Say About Hiring People with Disabilities?
From Successful Interview Guide by Iowa Workforce Development
Employers have a legitimate concern in hiring employees who are physically and mentally able to do their jobs. Many persons have been screened out of employment because of real or perceived physical or mental conditions which may not be related to their ability to perform the work.
Under the federal Americans with Disabilities Act (ADA), it is specifically unlawful to ask whether an applicant is disabled, or to inquire about the nature or severity of an illness or disability. The Iowa Civil Rights Act's prohibition on disability discrimination follows the federal ADA. These laws prohibit disability-related questions on application forms, during job interviews, or in background or reference checks. Employers may ask an applicant questions about the person's ability to perform the essential functions of the job. Employers may also ask an applicant to describe or demonstrate how, with or without reasonable accommodation, that the applicant can perform job-related functions.
An applicant or employee must be qualified for the job, that is, he or she must satisfy the job requirements for educational background, employment experience, skills, licenses, or other job-related qualification standards. The ADA and the Iowa Civil Rights Act do not interfere with the employer's right to hire the best qualified applicant. Nor do these laws impose any affirmative action obligations. The law simply prohibits the employer from discriminating against a qualified applicant or employee because of a disability.
Under the ADA, a disability is defined as a physical or mental impairment that substantially limits a major life activity. The ADA also protects individuals who have a record of such impairment, or who are regarded as having such impairment. The ADA makes it unlawful to discriminate against a qualified applicant or employee because of the disability of an individual with whom the applicant or employee is known to have a family, business, social or other relationship or association.
An employer may not use a physical or mental condition to disqualify an applicant merely because the employer believes the applicants condition would pose a health or safety threat. The employer must show that the condition poses a "significant risk of substantial harm." An assessment of the condition must be based on valid medical evidence.
Employers have a legitimate concern in hiring employees who are physically and mentally able to do their jobs. Many persons have been screened out of employment because of real or perceived physical or mental conditions which may not be related to their ability to perform the work.
Under the federal Americans with Disabilities Act (ADA), it is specifically unlawful to ask whether an applicant is disabled, or to inquire about the nature or severity of an illness or disability. The Iowa Civil Rights Act's prohibition on disability discrimination follows the federal ADA. These laws prohibit disability-related questions on application forms, during job interviews, or in background or reference checks. Employers may ask an applicant questions about the person's ability to perform the essential functions of the job. Employers may also ask an applicant to describe or demonstrate how, with or without reasonable accommodation, that the applicant can perform job-related functions.
An applicant or employee must be qualified for the job, that is, he or she must satisfy the job requirements for educational background, employment experience, skills, licenses, or other job-related qualification standards. The ADA and the Iowa Civil Rights Act do not interfere with the employer's right to hire the best qualified applicant. Nor do these laws impose any affirmative action obligations. The law simply prohibits the employer from discriminating against a qualified applicant or employee because of a disability.
Under the ADA, a disability is defined as a physical or mental impairment that substantially limits a major life activity. The ADA also protects individuals who have a record of such impairment, or who are regarded as having such impairment. The ADA makes it unlawful to discriminate against a qualified applicant or employee because of the disability of an individual with whom the applicant or employee is known to have a family, business, social or other relationship or association.
An employer may not use a physical or mental condition to disqualify an applicant merely because the employer believes the applicants condition would pose a health or safety threat. The employer must show that the condition poses a "significant risk of substantial harm." An assessment of the condition must be based on valid medical evidence.
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.
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
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.
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.
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:
Remember, the State law that mandates parking for persons with disabilities sets a minimum number, not a maximum number.
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.
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 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.
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