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Fair Employment Hiring Practices

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					Iowa Civil Rights Commission
               Disclaimer


   The information contained in this
  presentation is a brief overview and
should not be construed as legal advice
  or exhaustive coverage of the topic.
Fair Employment Hiring
Practices
ICRC Law on Employment

The “Iowa Civil Rights Act of 1965” is
contained in Chapter 216 of the Iowa Code.


“216.6 Unfair employment practices”
enumerates the hiring practices covered by
state law.
ICRC Law on Employment

The personal characteristics covered are:
age, race, creed, color, sex, national origin,
religion, or disability.

Iowa law covers employers of four or more
employees. Most federal laws require 15
employees for coverage.
ICRC Law on Employment

Unfair or discriminatory practices include the
refusal 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 their protected personal
characteristic.
ICRC Law on Employment


Labor organizations or the employees, agents,
or members thereof are covered by this law and
may not discriminate on the basis of a protected
characteristic.
ICRC Law on Employment
 Advertising
It is illegal for an 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 protected group are
unwelcome, objectionable, not acceptable, or not
solicited for employment or membership.
ICRC Law on Employment
 Exception
An employer, employment agency, or their
employees, servant, 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.
ICRC Law on Employment
 AIDS Testing
It is illegal 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.
What Questions are off-limits?
 Age/date of birth
Generally, age is considered not to be relevant in
most hiring decisions, and therefore, date-of-birth
questions are Improper. Age is a sensitive pre-
employment question, because the Age
Discrimination in Employment Act (ADEA) protects
employees 40 years of age and above. Iowa law
covers all ages.
What Questions are off-limits?
  Race, religion, national origin
Generally, questions should not be asked about these
matters, either on employment applications or during job
interviews. The requirements that an applicant furnish a
picture has been held to help support a claim for race
discrimination when it was demonstrated that an employer
never hired a minority applicant. Ordinarily, Title VII requires
that employers make reasonable accommodations for their
employees’ religious practices, thus eliminating the
necessity for asking whether an applicant’s religious beliefs
would prohibit his or her working at certain times and on
certain days in most situations.
What Questions are off-limits?
 Physical traits, disabilities
Height and weight requirements have been found
to violate the law in situations where such
requirements have eliminated disproportionate
numbers of female, Asian-American, and Spanish-
surnamed applicants when in such cases, the
employer could not show that the physical
standards were directly-related to job performance.
What Questions are off-limits?
 Arrests
An arrest is no indication whatsoever of guilt.
Historically, persons of color have suffered
proportionately more arrests than others and
accordingly the courts have held that without proof
of business necessity an employer’s use of arrest
records to disqualify job applicants is unlawful
discrimination.
What Questions are off-limits?
  Marital Status
Some Employers have refused to hire married
women for certain jobs. Most airlines, for example,
refused for many years to permit a married woman
to be a flight attendant, though other employees
could be married.
Some applications have included questions on
whether the applicant is widowed, divorced, or
separated. Such inquiries should be eliminated
because they are not related to job performance.
What Questions are off-limits?
  Citizenship
The anti-discrimination provision of the Immigration
Reform and Control Act provides that an employer
cannot discriminate because an applicant is not a
U.S. citizen. Therefore, in order to avoid charges of
discrimination under this Act, citizenship questions
should probably be deleted from employment
applications. The Form I-9 is the appropriate place
to determine citizenship status instead of the
employment application.
What should be asked?
  Job related
Based on the requirements of the job as stated in
the position description.

  Objective
Calling for objective responses and allowing for
objective evaluation of answers.
  Consistently applied
to ALL applicants.
Iowa Civil Rights Commission
   211 East Maple Street, 2nd Floor
    Des Moines, Iowa 50309-1858
            515-281-4121
            800-457-4416
          FAX 515-242-5840
 http://www.state.ia.us/government/crc

				
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