The area of Civil Rights and Discrimination is a complex topic involving the Constitutions of Iowa and of the United States, federal and state laws, federal and state regulations, and court decisions. This area is an extremely complex area and I would strongly encourage persons with civil rights and discrimination issues to consult with an attorney to determine what legal rights they might have.
Civil Rights are defined as the rights a person has to receive equal treatment and avoid
discrimination which is defined as unfair singling out of a person in certain settings because of legally protected characteristics (such as
race,
religion, national origin, ethnicity,
age,
gender (such as
equal compensation,
sexual harassment).
disability,
pregnancy, marital status, or
sexual orientation). Discrimination is different from inappropriate and abusive behavior (which may be actionable in their own right). Discrimination can involve numerous settings such as employment, education, housing, lending, and
retaliation for reporting discrimination is also prohibited.
Whistle blowers are also protected under certain laws.
To determine if you have been discriminated against, you
first ask if a protected right was violated. You must be a
member of a protected class and be discriminated against. Federal or state laws and constitutions create classes of protected persons and rights (see below).
The
first step after determining that your rights were violated is to determine whether you want to pursue legal action or to negotiate a solution. To pursue legal action, in some cases, you must first file with the
EEOC,
CRC, or
Iowa Civil Rights Commission. The Equal Employment Opportunity Commission makes equal opportunity policy and enforces several of the key federal civil rights and discrimination laws. The EEOC publishes
regulations, provides a
compliance manual and publishes
enforcement guidances.
Procedures for filing discrimination charges are available on their website.
Within 180 days of employment discrimination, you must normally
file a charge (complaint) with the EEOC (or state agency). Under Iowa Code section 216.15(2) a person is required to file a complaint with the commission within 180 days after the alleged discriminatory or unfair practice occurred. Within 10 days, the EEOC will send a
notice to the employer. The EEOC will then i
nvestigate. The complainant and employer may be invited to a
no-fault conference if the investigator believes the case may have merit. If the case has absolutely no merit, the case may be dismissed before the conference. Based on the investigation, the EEOC may determine that The EEOC makes a
finding of "cause" or "no cause". If the finding is of "
no cause", you have 14 days to request a review. If the EEOC
affirms the "no cause", it will issue a "right to sue" letter. If the EEOC decides there is a
cause it will start conciliation (a non judicial method of resolving the conflict). As a result of conciliation, either an
agreement is reached or the EEOC issues a "right to sue" letter or files a lawsuit itself. You must
file a lawsuit within 90 days of receiving the right to sue letter, selecting either federal or state court to pursue your claim, or you
forfeit your claim if you do not file within 90 days. Additionally Iowa Code section 216.16A(2) requires a person to file a civil action not later than 2 years after the occurrence of the termination of an allegedly discriminatory practice.
Suing for discrimination is often a lengthy process, taking years, especially with appeals. It can also be a very expensive process if a private attorney is hired. However, a private attorney may shorten the time for a lawsuit due to the workload of the EEOC. A private attorney may also accelerate a settlement out of court through negotiation before a formal charge is filed. However, the time periods need to be monitored to ensure that the 180 day requirement for filing with the EEOC is not surpassed while negotiating, or the right to sue will be lost.
Certain statutes and regulations are enforced by the
Civil Rights Center (CRC) of the U.S. Department of Labor. To file a complaint with the CRC, the complaint must be filed within 180 days of the alleged discrimination.
Procedures are on the CRC website. The
Department of Justice also prosecutes certain civil rights violations. You can also file with the Iowa Civil Rights Commission.
In Iowa, file with the Civil Rights Commission to initiate the process within 300 days of the alleged discrimination. Information on
how to file a complaint with the Iowa Civil Rights Commission is included on the
Iowa Civil Rights Commission website.
Fair practices and fraud may accompany discrimination or are often confused with discrimination. Unfair practices are defined under:
Iowa Consumer Fraud Act. Iowa Code ch. 714.16 (no private right of action in Iowa, the Attorney General must sue)
Iowa Consumer Credit Code. Iowa Code ch. 537.
Federal Trade Commission Act. 15 U.S.C. 41-58, codified under 16 C.F.R.
Fair Lending may also accompany discrimination or is often confused with discrimination. These Laws include:
Equal Credit Opportunity Act.
15 U.S.C. 1691 Fair Housing Act.
42 U.S.C. 3601, 24 C.F.R. pt. 100
Iowa Equal Credit Opportunity Act. Iowa Code 537.3311
Iowa Civil Rights Laws. Iowa Code 216.8A, 216.10, ch 535A.
Equal Credit Opportunity Act Regulations, 12 C.F.R. pt 202.
Official Staff Commentary to Equal Credit Opportunity Act Reg. B. 12 C.F.R. pt. 202 Supp. I
Federal Civil Rights Laws include:
Age Discrimination Act of 1975,
42 U.S.C. 6101 et seq., prohibits age discrimination in programs receiving federal financing. This Act is enforced by the
Civil Rights Center of the U.S. Department of Labor.
Age Discrimination in Employment Act of 1967,
29 U.S.C. 621, prohibits employment age discrimination against workers and applicants 40 years old and older and also prevents retaliation for filing a complaint. It applies to employers with 20 or more employees including government, labor organizations, and employment agencies.
Air Carrier Access Act of 1986,
49 U.S.C. 41705, prohibits disability discrimination in air transportation and is enforced by the U.S. Department of Transportation, Departmental Office of Civil Rights.
Americans with Disabilities Act (ADA),
42 U.S.C. 12101 et seq, prohibits disability discrimination against qualified individuals in many areas. Title I applies to employers with 25 or more employees.
Americans with Disabilities Act Amendments Act of 2008 became effective on January 1, 2009 and made
significant changes to the ADA.
Architectural Barriers Act of 1968,
42 U.S.C. 4151 requires new buildings funded after 1969 with federal funds to be accessible to handicapped.
Civil Rights,
42 U.S. Ch 21, covers institutionalized persons, public accommodations, facilities, and education, federally assisted programs, employment, voting, community service among other provisions.
Civil Rights Act of 1964: Title VII,
42 U.S.C. 2000e, prohibits discrimination based on age, disability, gender, race, national origin, and religion in education, employment, federal services, access to businesses and buildings, and other areas. Codifies Civil Rights Act of 1866, Civil Rights Act of 1964, and Civil Rights of Institutionalized Persons Act and applies to employers with 15 or more employees. Title VI,
42 U.S.C. 2000d, is enforced by the Department of Labor and prohibits discrimination in federally funded programs.
Civil Rights Act of 1991,
42 U.S.C. 1981, amended the 1964 act and the ADA to provide for damages and other amendments.
Civil Rights of Institutionalized Persons Act,
42 U.S.C. 1997, provides protection for institutionalized persons in government facilities
Civil Service Reform Act of 1978, 5 U.S.C. 2302, contains prohibited personnel practices for federal employment.
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121, provides relief operations without discrimination
Employment of Individuals with Disabilities,
29 U.S.C. 791, requires government agencies to have affirmative action plans for persons with disabilities.
Equal Credit Opportunity Act,
15 U.S.C. 1691 prevents discrimination against credit applicants (race, color, religion, national origin, sex, marital status, age, or receives public assistance).
Equal Opportunity for Individuals with Disabilities Act,
42 U.S.C. 12101, prohibits discrimination of disabled in many areas.
Equal Pay Act of 1963 ,
29 U.S.C. 206(d) et seq, provides equal pay for equal work, regardless of gender.
Executive Order 11478 provides for equal employment opportunity in the federal government.
Executive Order 13145 prevents discrimination in federal employment based on genetic information.
Executive Order 13160 prevents discrimination based on race, sex, color, national origin, disability, religion, age, sexual orientation, or status as a parent in federally conducted education and training programs.
Executive Order 13166 improves access to federal services for persons as a result of national origin with limited English proficiency.
Fair Housing Act,
42 U.S.C. 3601 et seq., prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, and disability.
Family and Medical Leave Act,
29 U.S.C. 2601, provides time off for care of newborn, adopted, or ill family member.
Federal-Aid Highway Act,
23 U.S.C. 140, prohibits discrimination in federally proposed projects.
Federal-Aid Highway Act,
23 U.S.C. 324, prohibits sexual discrimination in federally proposed projects.
Federal-Aid Highway Act,
49 U.S.C. 306, prohibits discrimination in federally financed projects through Regional Rail Reorganization Act, Title V of Railroad Revitalization and Regulatory Reform Act.
Immigration Reform and Control Act of 1986,
8 U.S.C. 1101, outlines which individuals are allowed to work in the U.S.
Individuals with Disabilities Education Act,
20 U.S.C. 1400 , provides protections for disabled students.
Genetic Information Nondiscrimination Act of 2008, provents discrimination on the basis of genetic information when it comes to any aspect of employment. An employer may never use genetic information to make an employment decision.
Job Training Partnership Act Section 167 prevents discrimination in federally funded programs.
Lily Ledbetter Fair Pay Act of 2009 reestablished that each paycheck is a continuing discrimination and resets the statute of limitations for filing a complaint to 180 days from the date of the paycheck.
Motor Carrier Whistle Blower Protection,
49 U.S.C. 31105, protection from termination by employer.
National Voter Registration Act, 42 U.S.C. 20 provides protections for registering to vote.
Nondiscrimination in Airport Improvement Grants,
49 U.S.C. 47123, provides for affirmative action for airport improvement projects.
Nondiscrimination in Mass Transit,
49 U.S.C. 5332, provides for nondiscrimination in facilities and modes of mass transportation.
Older Americans Act of 1965,
42 U.S.C. 3001, prohibits discrimination of elderly in employment and provides low-cost transportation.
Omnibus Crime Control and Safe Streets Act of 1968 as amended,
42 U.S.C. 3789d, prohibits discrimination in employment in connection with funding by the bill.
Pregnancy Discrimination Act , an amendment to Title VII of the Civil Rights Act of 1964, prevents discrimination against female workers who are or intend to become pregnant in companies with 15 or more employees (including state and local governments).
Rehabilitation Act of 1973 ,
29 U.S.C. 701 et seq., prevents discrimination of disabled by organizations receiving federal funding.
Religious Land Use and Institutionalized Persons Act,
42 U.S.C. 2000cc, protects religious persons and buildings from discrimination.
Telecommunications Act of 1998, 40 U.S.C. 762a, assures that Federal telecommunications are fully accessible for hearing and speech impaired.
Telecommunications for the Disabled Act of 1982,
47 U.S.C. 609 provides that workplace and emergency telephones by hearing aid compatible.
Title IX of the Education Amendments of 1972,
20 U.S.C. 1681, prevents sex and blindness discrimination in education programs receiving federal funding
Uniformed Services Deployment and Reemployment Act,
38 U.S.C. 4301 et seq., provides for prompt reemployment of veterans and prohibits discrimination for service.
U.S. Constitution provides the basis for discrimination actions
Vietnam Veterans Readjustment Act,
38 U.S.C. 4212, required all federal contracts of $25,000 or more to have affirmative action programs to employ specially qualified disabled veterans.
Voting Rights Act of 1965, 42 U.S.C. 20. prevents restricting of the right to vote and discrimination in voting.
Workfoce Investment Act of 1998 Section 188 prevents discrimination in federally funded programs.
The
Iowa Civil Rights Act of 1965, Iowa Code Chapter 216,
prohibits discrimination in employment, housing, public accommodations, education and credit. The Iowa Administrative Code Chapter 161 provides the Iowa Civil Rights Commission Rules. In addition, local ordinances also may provide protections and can be enforced. The Iowa CRC publishes a
Disability Rights Guide.
Information on employment discrimination is listed on my webpage,
Discrimination in the Workplace.