HOUSE FILE 263


To establish a civil rights commission to eliminate unfair and discriminatory practices in public accommodations, employment, apprenticeship programs, on-the-job training programs, and vocational schools and to permit the study of discrimination in housing.

The Iowa Civil Rights Act of 1965 was enacted by the Sixty-First General Assembly. It became effective on May 6, 1965, after approval by the Secretary of State on April 29, 1965.

The Act provides for the proscription of unfair or discriminatory practices in three areas: (1) employment, (2) public accommodations and (3) intimidation and discriminatory aid. The basic structure of the Act is such that all complaints are first sought to be settled by methods of conciliation, education and persuasion. If these methods fail to gain compliance with the law in a case where probable cause has been found to exist, then the matter can be brought to public hearing by the Commission. Subpoena powers are available to the Commission for the public hearings. Also, based upon Commission findings at the hearings, orders may be issued by the Commission to assure compliance. These orders may be backed up by orders of the Iowa courts.

Employment Provisions:

"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."

Public Accommodations Provisions:

"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 therein."

Intimidation and Discriminatory Aid:

"Section 8. It shall be an unfair or discriminatory practice for:

a. 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.

b. 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."

A very important aspect of the Act is the educational research responsibility that is placed upon the Commission. The Commission is charged:

5(3). To investigate and study the existence, character, causes, and extent of discrimination in public accommodations, employment, apprenticeship programs, on-the-job training programs, vocational schools, and housing in this state and to attempt the elimination of such discrimination by education and conciliation.

5(5). To issue such publications and reports of investigations and research as in the judgment of the commission shall tend to promote good will among the various racial, religious, and ethnic groups of the state and which shall tend to minimize or eliminate discrimination in public accommodations, employment, apprenticeship and on-the-job training programs, vocational schools, or housing because of race, creed, color, national origin, religion, or ancestry.

5(8). To cooperate, within the limits of any appropriations made for its operation, with other agencies or organizations, both public and private whose purposes are consistent with those of this Act, and in the planning and conducting, of programs designed to eliminate racial, religious, cultural, and intergroup tensions.

1966 Annual Report Main Page