Iowa Administrative Code
Agency 161 - Civil Rights Commission
Chapter 8 - Discrimination in Employment
Rule 161-8.3 - Preemployment Inquiries
Universal Citation: IA Admin Code 161-8.3
Current through Register Vol. 47, No. 13, December 25, 2024
(1) Preemployment inquiries into an applicant's membership in a protected class are not prohibited so far as necessary to determine an applicant's bona fide occupational qualification for the position. The burden to show the existence of a bona fide occupational qualification shall be on the employer, employment agency, or labor organization.
(2) This rule does not prohibit inquiry:
a. As to whether a job
applicant is over 18 years of age, or
b. For postemployment inquiries regarding
age, race, creed, color, sex, sexual orientation, gender identity, national
origin, religion, or disability for legitimate recordkeeping
purposes.
(3) An employment interviewer shall not ask about a disability unless the inquiry is made in good faith for a nondiscriminatory purpose.
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