Frequently Asked Questions about the Iowa Civil Rights Code
May an employer fire an LGBT employee for poor performance?
An employer is still allowed to fire an employee for non-discriminatory reasons, such as poor job performance. The law does not grant immunity to protected classes; it simply ensures that the protected class status does not affect the employment decision.
Is an individual protected if an employer thinks the employee's sexual orientation is different than it really is and acts on that perception?
Yes, it is illegal for an employer to discriminate against someone based on perceived sexual orientation, even if the perception is wrong.
Does this mean that employers will have to establish hiring quotas?
No. This is not an affirmative action law. Employers are not required to ensure that a certain percentage of their workforce be of a particular sexual orientation or gender identity.
Are any employers excluded?
Yes. The Iowa Civil Rights Act does not apply to employers who regularly employ fewer than 4 individuals, nor those whose employees work within the home of their employer if the employer resides there at the same time. In addition, there may be exceptions for bona fide religious institutions in certain circumstances.
Does the law apply to churches?
Sometimes. Iowa law provides that these protections do not apply to religious institutions with respect to any religion-based qualifications when such qualifications are related to a bona fide religious purpose. Where qualifications are not related to a bona fide religious purpose, churches are still subject to the law's provisions. (e.g. a child care facility operated at a church or a church service open to the public).
May an employer enforce dress and grooming standards?
Yes. An employer may establish and require an employee to adhere to reasonable workplace appearance, grooming and dress standards that are directly related to the nature of the employment; dress codes are not precluded by state or federal law as long as an employer allows an employee to appear, groom and dress consistent with the employee's gender identity.
Does the law prohibit gender-segregated restrooms?
No. It is still legal in Iowa for businesses to maintain gender-segregated restrooms. The new law does require, however, that individuals are permitted to access those restrooms in accordance with their gender identity, rather than their assigned sex at birth. And, just as non-transgender individuals are entitled to use a restroom appropriate to their gender identity without having to provide documentation or respond to invasive requests, transgender individuals must also be allowed to use a gender-identity appropriate restroom without being harassed or questioned.
What is meant by "harassment" and "hostile work environment"?
Workplace harassment is any unwelcome verbal, written or physical conduct that either denigrates or shows hostility or aversion toward a person on the basis of sexual orientation or gender identity that:
- Has the purpose or effect of creating an intimidating, hostile or offensive work environment;
- Has the purpose or effect of unreasonably interfering with an employee's work performance; or
- Affects an employee's employment opportunities or compensation.
Employers should ensure their employees are protected not only from other supervisors and coworkers, but also from harassment by third parties, such as service users and vendors.
Harassment based on sexual orientation and gender identity can include malicious conduct, sexual advances, and intentional misuse of gender specific pronouns.
What is illegal discrimination in the area of public accommodation
- Refusal or denial of any accommodations, advantages, facilities, services, or privileges on the basis of sexual orientation or gender identity. Also any discrimination in providing such services.
- Directly or indirectly advertising or publicizing that the patronage of persons of any particular sexual orientation or gender identity is unwelcome, objectionable, not acceptable, or not solicited.
- For Example:
- Providing false information about the availability of seating, tickets, or the availability of services
- Refusal to allow an individual to use all the facilities or services of the public accommodation
- Providing the service in a separate location or at separate times from that offered to others
- Harassment, intimidation, or other demonstration of hostility
These are based on resources and information provided by the Iowa Civil Rights Commission.
