The concept for the Iowa Civil Rights Commission was first introduced in 1964 in a law review article published by Arthur E. Bonfield.[3] The idea led to the passage of the Iowa Civil Rights Act, which formally created the commission.[4] The Iowa Civil Rights Act of 1965 prohibits discrimination in the areas of employment, housing, credit, public accommodations and education.[5][6][7][8][9][10] Discrimination, or different treatment, is illegal if based on race, color, creed, national origin, religion, sex, sexual orientation, pregnancy, physical disability, mental disability, age (in employment and credit), familial status (in housing and credit) or marital status (in credit). In addition, it is illegal to retaliate for discrimination complaint, participating in an investigation of a discrimination complaint, or having opposed discriminatory conduct.[11]
Cooperation with local and federal agencies
Under the Iowa Civil Rights Act, cities with a population over 29,000 must have a local commission.[12] The Commission coordinates its investigative efforts with these local commissions.[12] In addition, the commission will also partner with the local commissions to for educational outreach events to the public. The Iowa Civil Rights Commission also cooperates with federal anti-discrimination agencies. The Equal Employment Opportunity Commission (EEOC) has the designated the Iowa Civil Rights Commission as the Fair Employment Practices Agency (FEPA) for Iowa.[13] As a FEPA, the commission has a worksharing agreement with the EEOC.[14] Under this agreement, the Commission investigates complaints of employment discrimination in Iowa that are cross-filed with both the Commission and the EEOC.[14] The Iowa Civil Rights Commission also is the state agency for Iowa that participates in the U.S. Department of Housing and Urban Development'sFair Housing Assistance Program (FHAP).[15] Under this program, the Commission investigates and enforces complaints of housing discrimination under the Fair Housing Act.[16]
Alignment
In 2023, as part of a state government-wide initiative to align operations, resources, and services,[9] the Commission was aligned with Iowa Department of Inspections, Appeals, and Licensing (DIAL).[17]
Boards and Commissions
In 2024, as part of a bill designed to eliminate unnecessary and redundant State of Iowa boards and commissions,[5] the Commission was converted into an advisory panel and based within the Iowa Office of Civil Rights, which continues to enforce both State and Federal Civil Rights laws in the same manner as it did prior to the passage of the bill.[18][7]
Controversy
LGBTQ Protections
In 1983, the Iowa Civil Rights Commission was sued for failing to investigate the civil rights charge of a transgender women in the case of Sommers v. ICRC, stating it had a lack of jurisdiction.[19] The Iowa Supreme Court affirmed the Iowa Civil Rights Commission's determination that gender identity was not included under the protected characteristic of sex in chapter 601A and there had been no intent by legislature to expand the traditional meaning of sex . The commission was found to be not unreasonable, arbitrary, or capricious in denying jurisdiction.
Effective July 1, 2007, the Iowa Civil Rights Act (Iowa Code Chapter 216) was expanded to add sexual orientation and gender identity to the list of protected classes, making it illegal in Iowa to discriminate against a person because of his/her sexual orientation or gender identity.[20]
On June 15, 2020, the Supreme Court delivered its landmark ruling in Altitude Express, Inc. v. Zarda that the term 'sex' as described in the Civil Rights Act of 1964, encompassed workers who identified as members of the LGBTQ community, aligning federal civil rights protections with protections already available under Iowa State law.[21]
Effectiveness of the Iowa Civil Rights Commission
On average, more than half of the charges reviewed by the Iowa Civil Rights Commission are closed administratively, without the commencement of a formal investigation.[22]
In 2020, the Iowa Civil Rights Commission was sued in Federal Court under Title VI for its use of federal funds towards an investigatory process that contributes to discrimination and harassment within the state rather than its eradication. However, the case was summarily dismissed as the court lacked jurisdiction and the plaintiff's claims substantively failed.[23]
Historical Outcomes of the Iowa Civil Rights Commission
This page is based on this Wikipedia article Text is available under the CC BY-SA 4.0 license; additional terms may apply. Images, videos and audio are available under their respective licenses.
