Legislative Definition of Discriminatory Practices

Overview: The Civil Rights Act of 1965, as amended, prohibits discrimination based upon race, creed, color, national origin, or religion. As originally passed in 1965, the Act specifically prohibited discrimination in matters of public accommodations, employment, and intimidation designed to lead to discrimination in employment or places of public accommodations. An amendment in 1967 added housing to this list of prohibited discriminatory practices.

Public Accommodations: (Section 6)

"1. It shall be an unfair or discriminatory practice for any owner, lessee, sublessee, proprietor, manager, or superintendent of any public accommodation or any agent or employee thereof:

a. To refuse or deny to any person because of race, creed, color, national origin, or religion the accommodations, advantages, facilities, services, or privileges thereof, or otherwise to discriminate against any person because of race, creed, color, national origin, or religion in the furnishing of such accommodations, advantages, facilities, services, or privileges.

b. To directly or indirectly advertise or in any other manner indicate or publicize that the patronage of persons of any particular race, creed, color, national origin, or religion is unwelcome, objectionable, not acceptable or not solicited.

2. This section shall not apply to:

a. Any bona fide religious institution with respect to any qualifications the institution may impose based on religion when such qualifications are related to a bona fide religious purpose.

b. The rental or leasing to transient individuals of less than six (6) rooms within a single housing accommodation by the occupant or owner of such housing accommodation if the occupant or owner or members of his family reside there-in."

Employment (Section 7)

"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 race, creed, color, national origin, or religion of such applicant or employee.

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 any applicant for membership or any member in the privileges, rights, or benefits of such membership because of the race, creed, color, national origin, or religion 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 race, creed, color, national origin, or religion are unwelcome, objectionable, not acceptable, or not solicited for employment or membership.

2. This section shall not apply to:

a. Any employer who regularly employs less than four (4) 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 his family reside therein during such employment.

c. The employment of individuals to render personal service to the person of the employer or members of his family.

d. Any bona fide religious institution with respect to any qualifications for employment based on religion when such qualifications are related to a bona fide religious purpose."

Intimidation: (Section 8)

"It shall be an unfair or discriminatory practice for:

1. Any person to intentionally aid, abet, compel, or coerce another person to engage in any of the practices declared unfair or discriminatory by this Act.

2. Any person to discriminate against another person in any of the rights protected against discrimination on the basis of race, creed, color, national origin, or religion by this Act because such person has lawfully opposed any practice forbidden under this Act, obeys the provisions of this Act, or has filed a complaint, testified, or assisted in any proceeding under this act."

Housing: (Uncodified Amendment)*

"1. It shall be an unfair or discriminatory practice for any owner, or person acting for an owner, of rights to housing or real property, with or without compensation, including but not limited to persons licensed as real estate brokers or salesmen, attorneys, auctioneers, agents or representatives by power of attorney or appointment, or any person acting under court order, deed of trust, or will:

1. To refuse to sell, rent, lease, assign, or sublease any real property or housing accommodation or part, portion or interest therein, to any person because of the race, color, creed, religion, or national origin of such person.

2. To discriminate against any person because of his race, color, creed, religion or national origin, in the terms, conditions or privileges of the sale, rental, lease assignment or sublease of any real property or housing accommodation or any part, portion or interest therein.

3. To directly or indirectly advertise, or in any other manner indicate or publicize that the purchase, rental, lease, assignment, or sublease of any real property or housing accommodation or any portion or interest therein, by persons of any particular race, color, creed, religion, or national origin is unwelcome, objectionable, not acceptable or not solicited.

2. The provision of subsection one (1) of this section shall not apply to:

1. Any bona fide religious institution with respect to any qualifications it may impose based on religion, when such qualifications are related to a bona fide religious purpose.

2. The rental or leasing of a housing accommodation in a building which contains housing accommodations for not more than two (2) families living independently of each other, if the owner or members of his family reside in one (1) of such housing accommodations.

3. The rental or leasing of less than six (6) rooms within a single housing accommodation by the occupant or owner of such housing accommodation, if he or members of his family reside therein."

* The Iowa Civil Rights Act of 1965 was amended in 1967 to add discriminatory practices in housing to the Commission's jurisdiction. The housing amendment has not yet been codified by the editor of the Iowa Code.