HerringLaw: Civil Rights & Discrimination Law in Iowa

Iowa Civil Rights Law Amended - 300 Days

Persons who want to file a civil rights complaint under Iowa law with the Iowa Civil Rights Commission will have 300 Days to file as of July 1st when a new law goes into effect expanding the filing deadline from the present 180 days [6 months] to the federal deferral timeline of 300 days. There is an exception for persons covered by Section 614.8 of the code [mentally ill and minors] who apparently have more time, since they have a year from certain events. This doesn't mean to wait for the whole 300 days, but it does provide more time for a person and/or his or her attorney to gather the facts and either decide not to file or to file a stronger case. Congratulations and a Big Thanks to the Executive Director of the ICRC, Ray Rosenberg, the Iowa Legislature, and the Governor, who signed it today.

Harassment Inquiry

I just received a call from a person with a few questions about a situation at work. Basically, the boss is being harassing but other than nasty words and actions, not much actual 'harm'. An internal complaint was made but, as far as is known, nothing is being done at corporate. The obvious question is: what to do next? Several options exist: (1) if the job isn't that important, find another one and move on or just quit and fight for unemployment compensation benefits; (2) file a complaint with the local or state civil rights agency, but do so sooner rather than later because 180 days is not too long a time [that's the statute of limitations]; [3] have an attorney write an 'attorney letter' to catch the attention of the corporate HR department the way an employee's contact might not.

There are things the employee should do, no matter what: [1] Request under Chapter 91B of the Iowa Code a copy of his/her personnel file and, upon receipt, paginate it carefully in numerical order, [2] communicate everything in writing [letter, email or whatever]; [3] keep your options open, since it may be best to move on to another job without commencing litigation.

None of these are great options [other than getting your personnel file], but they are steps that people can take to protect themselves fairly easily.

Tax Credits for doing the right thing.

I was reading a posting by another lawyer on a forum discussing the method for applying for a tax credit for using sign language interpreters and it spurred me to do a little digging into resources on the topic. Not only can lawyers, doctors and other service providers have assistance in paying for an interpreter when one is needed to provide services to a person covered by the ADA, it's the right thing to do. Helpful sites and information can be found at: WorkWorld.org, EEOC, Iowa Workforce Development. A discussion of the concept of tax credits to assist the disabled with gaining access [including construction assistance] can also be found at KatrinaNetworking Blog.

I figured this was helpful information no matter whether you are the person seeking the credit or a person who can use this information to open some doors that might otherwise be shut.

Iowa Legislature Passes Sexual Orientation Law

Iowa's civil rights laws are found in Chapter 216 of the Iowa Code and recently were expanded to prohibit discrimination on the basis of sexual orientation. Under this new law, it will be illegal to discriminate against a person based on his/her sexual orientation or gender identity in employment, public accommodation, credit, housing and education.

That is all well and good, and it is an important statement to Iowa's residents, businesses and those who might consider moving here. But, it is going to be an empty statement if the enforcement body, the Iowa Civil Rights Commission, is not provided additional resources to handle the caseload it has, and that which it will have. In some cases, the complaints can and should be handled by the local commissions [many if not most of whom have their own sexual orientation provision already]. But many parts of Iowa are only protected by the enforcement powers of the ICRC and yet, the Commission is already having some difficulties in efficiently and effectively handling its case load. It is possible that there will not be all that many complaints filed, but funding adequate enforcement powers or changing the process of enforcement should be contemplated.