Iowa Code

Iowa Code § 216.6 (2026)

Unfair employment practices

✓ current as of July 2026
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1. It shall be an unfair or discriminatory practice for any: a. Person to refuse to hire, accept, register, classify, or refer for employment, to discharge any employee, or to otherwise discriminate in employment against any applicant for employment or any employee because of the age, race, creed, color, sex, sexual orientation, national origin, religion, or disability of such applicant or employee, unless based upon the nature of the occupation. If a person with a disability is qualified to perform a particular occupation, by reason of training or experience, the nature of that occupation shall not be the basis for exception to the unfair or discriminatory practices prohibited by this subsection. b. Labor organization or the employees, agents, or members thereof to refuse to admit to membership any applicant, to expel any member, or to otherwise discriminate against\n\nTue Dec 09 22:22:07 2025 Iowa Code 2026, Chapter 216 (47, 2) 5 OFFICE OF CIVIL RIGHTS, §216.6\n\nany applicant for membership or any member in the privileges, rights, or benefits of such membership because of the age, race, creed, color, sex, sexual orientation, national origin, religion, or disability of such applicant or member. c. Employer, employment agency, labor organization, or the employees, agents, or members thereof to directly or indirectly advertise or in any other manner indicate or publicize that individuals of any particular age, race, creed, color, sex, sexual orientation, national origin, religion, or disability are unwelcome, objectionable, not acceptable, or not solicited for employment or membership unless based on the nature of the occupation. (1) If a person with a disability is qualified to perform a particular occupation by reason of training or experience, the nature of that occupation shall not be the basis for exception to the unfair or discriminatory practices prohibited by this subsection. (2) An employer, employment agency, or their employees, servants, or agents may offer employment or advertise for employment to only persons with disabilities, when other applicants have available to them other employment compatible with their ability which would not be available to persons with disabilities because of their disabilities. Any such employment or offer of employment shall not discriminate among persons with disabilities on the basis of race, color, creed, sex, sexual orientation, or national origin. d. Person to solicit or require as a condition of employment of any employee or prospective employee a test for the presence of the antibody to the human immunodeficiency virus or to affect the terms, conditions, or privileges of employment or terminate the employment of any employee solely as a result of the employee obtaining a test for the presence of the antibody to the human immunodeficiency virus. An agreement between an employer, employment agency, labor organization, or their employees, agents, or members and an employee or prospective employee concerning employment, pay, or benefits to an employee or prospective employee in return for taking a test for the presence of the antibody to the human immunodeficiency virus, is prohibited. The prohibitions of this paragraph do not apply if the state epidemiologist determines and the director of health and human services declares through the utilization of guidelines established by the center for disease control of the United States department of health and human services, that a person with a condition related to acquired immune deficiency syndrome poses a significant risk of transmission of the human immunodeficiency virus to other persons in a specific occupation. 2. Employment policies relating to pregnancy and childbirth shall be governed by the following: a. A written or unwritten employment policy or practice which excludes from employment applicants or employees because of the employee’s pregnancy is a prima facie violation of this chapter. b. Disabilities caused or contributed to by the employee’s pregnancy, miscarriage, childbirth, and recovery therefrom are, for all job-related purposes, temporary disabilities and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment. Written and unwritten employment policies and practices involving matters such as the commencement and duration of leave, the availability of extensions, the accrual of seniority, and other benefits and privileges, reinstatement, and payment under any health or temporary disability insurance or sick leave plan, formal or informal, shall be applied to a disability due to the employee’s pregnancy or giving birth, on the same terms and conditions as they are applied to other temporary disabilities. c. Disabilities caused or contributed to by legal abortion and recovery therefrom are, for all job-related purposes, temporary disabilities and shall be treated as such under any temporary disability or sick leave plan available in connection with employment. Written and unwritten employment policies and practices involving matters such as the commencement and duration of leave, the availability of extensions, the accrual of seniority, and other benefits and privileges, reinstatement, and payment under any temporary disability insurance or sick leave plan, formal or informal, shall be applied to a disability due to legal abortion on the same terms and conditions as they are applied to other temporary disabilities. The employer may elect to exclude health insurance coverage for abortion from\n\nTue Dec 09 22:22:07 2025 Iowa Code 2026, Chapter 216 (47, 2) §216.6, OFFICE OF CIVIL RIGHTS 6\n\na plan provided by the employer, except where the life of the mother would be endangered if the fetus were carried to term or where medical complications have arisen from an abortion. d. An employer shall not terminate the employment of a person disabled by pregnancy because of the employee’s pregnancy. e. Where a leave is not available or a sufficient leave is not available under any health or temporary disability insurance or sick leave plan available in connection with employment, the employer of the pregnant employee shall not refuse to grant to the employee who is disabled by the pregnancy a leave of absence if the leave of absence is for the period that the employee is disabled because of the employee’s pregnancy, childbirth, or related medical conditions, or for eight weeks, whichever is less. However, the employee must provide timely notice of the period of leave requested and the employer must approve any change in the period requested before the change is effective. Before granting the leave of absence, the employer may require that the employee’s disability resulting from pregnancy be verified by medical certification stating that the employee is not able to reasonably perform the duties of employment. 3. This section shall not prohibit discrimination on the basis of age if the person subject to the discrimination is under the age of eighteen years, unless that person is considered by law to be an adult. 4. Notwithstanding the provisions of this section, a state or federal program designed to benefit a specific age classification which serves a bona fide public purpose shall be permissible. 5. This section shall not apply to age discrimination in bona fide apprenticeship employment programs if the employee is over forty-five years of age. 6. This section shall not apply to: a. Any employer who regularly employs less than four individuals. For purposes of this subsection, individuals who are members of the employer’s family shall not be counted as employees. b. The employment of individuals for work within the home of the employer if the employer or members of the employer’s family reside therein during such employment. c. The employment of individuals to render personal service to the person of the employer or members of the employer’s family. d. Any bona fide religious institution or its educational facility, association, corporation, or society with respect to any qualifications for employment based on religion or sexual orientation when such qualifications are related to a bona fide religious purpose. A religious qualification for instructional personnel or an administrative officer, serving in a supervisory capacity of a bona fide religious educational facility or religious institution, shall be presumed to be a bona fide occupational qualification. [C66, 71, §105A.7; C73, §601A.7; C75, 77, 79, 81, §601A.6] 87 Acts, ch 201, §1; 88 Acts, ch 1236, §2 C93, §216.6 96 Acts, ch 1129, §27, 113; 2007 Acts, ch 191, §3, 4; 2009 Acts, ch 41, §220; 2018 Acts, ch 1026, §67, 68; 2023 Acts, ch 19, §284; 2025 Acts, ch 1, §8, 9 Referred to in §216.2, 256.27, 400.8 Employment protection, see §139A.13A Employment discrimination against witnesses prohibited, see §915.23 Subsection 1, paragraphs a, b, and c amended Subsection 6, paragraph d amended

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Notes of Decisions
Cited in 266 cases (37 in the last 5 years), 1993–2026 · leading case: Larry R. Hedlund v. State of Iowa, 930 N.W.2d 707 (Iowa 2019).
Larry R. Hedlund v. State of Iowa, 930 N.W.2d 707 (Iowa 2019). · cites it 44× “Iowa Code § 216.6 (1)(a). This is a general proscription against discrimination and we “look[] to the corresponding federal statutes to help establish the framework to analyze claims and otherwise apply our statute.”
Tina Haskenhoff v. Homeland Energy Solutions, LLC, 897 N.W.2d 553 (Iowa 2017). · cites it 32× “See Iowa Code § 216.6 (1). Rather, the claim has been developed through our caselaw, beginning in 1990, based expressly on Title VII precedent.”
Karen McQuistion v. City of Clinton, Iowa Mark Regenwether Jeffrey Farwell & Jeffrey Horne, 872 N.W.2d 817 (Iowa 2015). · cites it 61× “See Iowa Code § 216.6 (2)(a) (2011); Iowa Admin.”
Simon Seeding & Sod, Inc. v. Dubuque Human Rights Comm'n & Jermaine Stapleton, 895 N.W.2d 446 (Iowa 2017). · cites it 34× “Any employer who regularly employs less than four (4) individuals. For purposes of this subsection, the owners, owners’ spouses, and children shall not be counted as employees.”
Deboom v. Raining Rose, Inc., 772 N.W.2d 1 (Iowa 2009). · cites it 17× “” Iowa Code § 216.6 (l)(a) (2003). Similarly, it is unlawful for an employer to terminate the employment of .”
Joanne Cote v. Derby Ins. Agency, Inc., an Iowa Corp., & Kevin Dorn, Individually, 908 N.W.2d 861 (Iowa 2018). · cites it 41× “" Iowa Code § 216.6 (6)( a ) (2011). The plaintiff worked at a small insurance agency and alleges she was sexually harassed by her supervisor, the sole owner's husband.”
Nolan Deeds v. City of Marion, Iowa, St. Luke's Work Well Solutions St. Luke's Healthcare, & Iowa Health Sys., 914 N.W.2d 330 (Iowa 2018). · cites it 14× “See Iowa Code § 216.6 (1). In Goodpaster, we held that MS can be a disability under the ICRA “if the plaintiff produces evidence that the condition substantially impaired one or more major life activities during episodes or flare-ups, even if it did not impair life activities at…”
Vivian v. Madison, 601 N.W.2d 872 (Iowa 1999). · cites it 22× “Specifically, we are asked: Is a supervisory employee subject to individual liability for unfair employment practices under Iowa Code section 216.6(1) of the Iowa Civil Rights Act? This question is certified to us pursuant to Iowa Code chapter 684A (1997).”
Erin Dindinger, Lisa Loring, & Elizabeth Freund v. Allsteel, Inc. & Scott Mills, 860 N.W.2d 557 (Iowa 2015). · cites it 30× “Iowa Code § 216.6 (l)(a). The new section, section 216.”
Baker v. City of Iowa City, 750 N.W.2d 93 (Iowa 2008). · cites it 14× “Compare Iowa City City Code § 2-1-1 (defining “employer” in part as “all entities, wherever situated, who employ one or more employees within the City”), with Iowa Code § 216.6 (6)(a) (2003) (excluding from employment discrimination prohibition “[a]ny employer who regularly…”
Sahai v. Davies, 557 N.W.2d 898 (Iowa 1997). · cites it 26× “As a result, she urges, the clinic and its member doctors should be subject to sanction under the employment discrimination statutes ( Iowa Code § 216.6 (1)(a)) for recommendations that cause the employer to render discriminatory hiring decisions.”
Bostock v. Clayton Cnty., 140 S. Ct. 1731 (2020). · cites it 2× “); Iowa Code §216.6 (1)(a) (2018) (prohibiting discrimination because of “sex, sexual orientation,” etc.”
— Iowa Code § 216.6(1) — 21 cases
Larry R. Hedlund v. State of Iowa, 930 N.W.2d 707 (Iowa 2019). “Iowa Code § 216.6 (1)(a). This is a general proscription against discrimination and we “look[] to the corresponding federal statutes to help establish the framework to analyze claims and otherwise apply our statute.”
Tina Haskenhoff v. Homeland Energy Solutions, LLC, 897 N.W.2d 553 (Iowa 2017). “See Iowa Code § 216.6 (1). Rather, the claim has been developed through our caselaw, beginning in 1990, based expressly on Title VII precedent.”
Blazek v. United States Cellular Corp., 937 F. Supp. 2d 1003 (N.D. Iowa 2011).
Vivian v. Madison, 601 N.W.2d 872 (Iowa 1999). “Specifically, we are asked: Is a supervisory employee subject to individual liability for unfair employment practices under Iowa Code section 216.6(1) of the Iowa Civil Rights Act? This question is certified to us pursuant to Iowa Code chapter 684A (1997).”
Hawkins v. Grinnell Reg'l Med. Ctr., 929 N.W.2d 261 (Iowa 2019).
— Iowa Code § 216.6(1)(a) — 21 cases
Tina Haskenhoff v. Homeland Energy Solutions, LLC, 897 N.W.2d 553 (Iowa 2017). “See Iowa Code § 216.6 (1). Rather, the claim has been developed through our caselaw, beginning in 1990, based expressly on Title VII precedent.”
Larry R. Hedlund v. State of Iowa, 930 N.W.2d 707 (Iowa 2019). “Iowa Code § 216.6 (1)(a). This is a general proscription against discrimination and we “look[] to the corresponding federal statutes to help establish the framework to analyze claims and otherwise apply our statute.”
Nolan Deeds v. City of Marion, Iowa, St. Luke's Work Well Solutions St. Luke's Healthcare, & Iowa Health Sys., 914 N.W.2d 330 (Iowa 2018). “See Iowa Code § 216.6 (1). In Goodpaster, we held that MS can be a disability under the ICRA “if the plaintiff produces evidence that the condition substantially impaired one or more major life activities during episodes or flare-ups, even if it did not impair life activities at…”
Sahai v. Davies, 557 N.W.2d 898 (Iowa 1997). “As a result, she urges, the clinic and its member doctors should be subject to sanction under the employment discrimination statutes ( Iowa Code § 216.6 (1)(a)) for recommendations that cause the employer to render discriminatory hiring decisions.”
Johnson v. Be & K Constr. Co., LLC, 593 F. Supp. 2d 1044 (S.D. Iowa 2009).
— Iowa Code § 216.6(2) — 4 cases
Karen McQuistion v. City of Clinton, Iowa Mark Regenwether Jeffrey Farwell & Jeffrey Horne, 872 N.W.2d 817 (Iowa 2015). “See Iowa Code § 216.6 (2)(a) (2011); Iowa Admin.”
Larry R. Hedlund v. State of Iowa, 930 N.W.2d 707 (Iowa 2019). “Iowa Code § 216.6 (1)(a). This is a general proscription against discrimination and we “look[] to the corresponding federal statutes to help establish the framework to analyze claims and otherwise apply our statute.”
Deboom v. Raining Rose, Inc., 772 N.W.2d 1 (Iowa 2009). “” Iowa Code § 216.6 (l)(a) (2003). Similarly, it is unlawful for an employer to terminate the employment of .”
— Iowa Code § 216.6(2)(6) — 1 case
Karen McQuistion v. City of Clinton, Iowa Mark Regenwether Jeffrey Farwell & Jeffrey Horne, 872 N.W.2d 817 (Iowa 2015). “See Iowa Code § 216.6 (2)(a) (2011); Iowa Admin.”
— Iowa Code § 216.6(2)(a) — 1 case
Karen McQuistion v. City of Clinton, Iowa Mark Regenwether Jeffrey Farwell & Jeffrey Horne, 872 N.W.2d 817 (Iowa 2015). “See Iowa Code § 216.6 (2)(a) (2011); Iowa Admin.”
— Iowa Code § 216.6(2)(d) — 2 cases
Deboom v. Raining Rose, Inc., 772 N.W.2d 1 (Iowa 2009). “” Iowa Code § 216.6 (l)(a) (2003). Similarly, it is unlawful for an employer to terminate the employment of .”
— Iowa Code § 216.6(2)(e) — 1 case
Karen McQuistion v. City of Clinton, Iowa Mark Regenwether Jeffrey Farwell & Jeffrey Horne, 872 N.W.2d 817 (Iowa 2015). “See Iowa Code § 216.6 (2)(a) (2011); Iowa Admin.”
— Iowa Code § 216.6(2)(¾) — 1 case
Karen McQuistion v. City of Clinton, Iowa Mark Regenwether Jeffrey Farwell & Jeffrey Horne, 872 N.W.2d 817 (Iowa 2015). “See Iowa Code § 216.6 (2)(a) (2011); Iowa Admin.”
— Iowa Code § 216.6(2)(⅞) — 1 case
Karen McQuistion v. City of Clinton, Iowa Mark Regenwether Jeffrey Farwell & Jeffrey Horne, 872 N.W.2d 817 (Iowa 2015). “See Iowa Code § 216.6 (2)(a) (2011); Iowa Admin.”
— Iowa Code § 216.6(3) — 1 case
— Iowa Code § 216.6(6) — 6 cases
Joanne Cote v. Derby Ins. Agency, Inc., an Iowa Corp., & Kevin Dorn, Individually, 908 N.W.2d 861 (Iowa 2018). “" Iowa Code § 216.6 (6)( a ) (2011). The plaintiff worked at a small insurance agency and alleges she was sexually harassed by her supervisor, the sole owner's husband.”
Simon Seeding & Sod, Inc. v. Dubuque Human Rights Comm'n & Jermaine Stapleton, 895 N.W.2d 446 (Iowa 2017). “Any employer who regularly employs less than four (4) individuals. For purposes of this subsection, the owners, owners’ spouses, and children shall not be counted as employees.”
Renda v. Iowa Civil Rights Comm'n, 784 N.W.2d 8 (Iowa 2010).
Baker v. City of Iowa City, 750 N.W.2d 93 (Iowa 2008). “Compare Iowa City City Code § 2-1-1 (defining “employer” in part as “all entities, wherever situated, who employ one or more employees within the City”), with Iowa Code § 216.6 (6)(a) (2003) (excluding from employment discrimination prohibition “[a]ny employer who regularly…”
— Iowa Code § 216.6(6)(1) — 2 cases
— Iowa Code § 216.6(6)(a) — 10 cases
Simon Seeding & Sod, Inc. v. Dubuque Human Rights Comm'n & Jermaine Stapleton, 895 N.W.2d 446 (Iowa 2017). “Any employer who regularly employs less than four (4) individuals. For purposes of this subsection, the owners, owners’ spouses, and children shall not be counted as employees.”
Vivian v. Madison, 601 N.W.2d 872 (Iowa 1999). “Specifically, we are asked: Is a supervisory employee subject to individual liability for unfair employment practices under Iowa Code section 216.6(1) of the Iowa Civil Rights Act? This question is certified to us pursuant to Iowa Code chapter 684A (1997).”
Cochran v. Seniors Only Fin., Inc., 209 F. Supp. 2d 963 (S.D. Iowa 2002).
— Iowa Code § 216.6(6)(ct) — 1 case
Simon Seeding & Sod, Inc. v. Dubuque Human Rights Comm'n & Jermaine Stapleton, 895 N.W.2d 446 (Iowa 2017). “Any employer who regularly employs less than four (4) individuals. For purposes of this subsection, the owners, owners’ spouses, and children shall not be counted as employees.”
— Iowa Code § 216.6(6)(o) — 1 case
Simon Seeding & Sod, Inc. v. Dubuque Human Rights Comm'n & Jermaine Stapleton, 895 N.W.2d 446 (Iowa 2017). “Any employer who regularly employs less than four (4) individuals. For purposes of this subsection, the owners, owners’ spouses, and children shall not be counted as employees.”
— Iowa Code § 216.6(a) — 1 case
Underwood v. Monroe Mfg., LLC, 434 F. Supp. 2d 680 (S.D. Iowa 2006).
— Iowa Code § 216.6(a)(1) — 1 case
Bales v. Wal-Mart Stores, Inc., 972 F. Supp. 483 (S.D. Iowa 1997).
— Iowa Code § 216.6(l)(a) — 16 cases
Tina Haskenhoff v. Homeland Energy Solutions, LLC, 897 N.W.2d 553 (Iowa 2017). “See Iowa Code § 216.6 (1). Rather, the claim has been developed through our caselaw, beginning in 1990, based expressly on Title VII precedent.”
Vivian v. Madison, 601 N.W.2d 872 (Iowa 1999). “Specifically, we are asked: Is a supervisory employee subject to individual liability for unfair employment practices under Iowa Code section 216.6(1) of the Iowa Civil Rights Act? This question is certified to us pursuant to Iowa Code chapter 684A (1997).”
Falczynski v. Amoco Oil Co., 533 N.W.2d 226 (Iowa 1995).
Sahai v. Davies, 557 N.W.2d 898 (Iowa 1997). “As a result, she urges, the clinic and its member doctors should be subject to sanction under the employment discrimination statutes ( Iowa Code § 216.6 (1)(a)) for recommendations that cause the employer to render discriminatory hiring decisions.”
Bales v. Wal-Mart Stores, Inc., 972 F. Supp. 483 (S.D. Iowa 1997).
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