FEPA Discrimination Charge and Right-to-Sue Procedure — Iowa

FEPA Discrimination Charge and Right-to-Sue Procedure (Iowa)

Quick-Reference Summary

Part A — Pre-Filing Eligibility Memo

To: [CLIENT / FILE]
From: [ATTORNEY NAME]
Re: Eligibility for filing with the Iowa Civil Rights Commission
Date: [__/__/____]

1. Threshold Coverage

2. Protected Basis (Iowa Code § 216.6)

☐ Race ☐ Creed ☐ Color ☐ Sex ☐ Sexual Orientation ☐ National Origin
☐ Religion ☐ Age (18 or older) ☐ Disability (physical or mental) ☐ Pregnancy
☐ Retaliation for protected activity (§ 216.11)

3. Adverse Employment Action

☐ Failure to hire ☐ Termination ☐ Demotion ☐ Failure to promote
☐ Unequal pay (§ 216.6A) ☐ Harassing conduct (hostile work environment)
☐ Failure to accommodate (disability/pregnancy/religion) ☐ Constructive discharge
☐ Other: [________________________________]

4. Federal / Local Cross-Filing Considerations

5. Strategic Considerations

• ICRC has no punitive damages; consider parallel Title VII action if employer has 15+ employees.
• ICRC charge tolls the federal limitations period under the work-sharing agreement.
• Continuing-violation doctrine may extend the 300-day window for hostile-environment claims.
• Local ordinance may add protections (e.g., source of income, gender identity in some municipalities) not in Chapter 216.

6. Recommendation

☐ File ICRC charge (dual-file with EEOC) ☐ File EEOC only ☐ Decline representation
☐ Pursue right-to-sue release after 60 days ☐ Let ICRC investigate to determination
Notes: [____________________________________________________________]

Part B — Charge of Discrimination (ICRC Filing)

IOWA CIVIL RIGHTS COMMISSION
Iowa Office of Civil Rights
6200 Park Avenue, Suite 100
Des Moines, IA 50321
Phone: (515) 281-4121 | Toll-Free: (800) 457-4416
Online: https://icrc.iowa.gov/file-complaint

Date of Filing: [__/__/____]
ICRC Case No. (assigned): [________________________________]
Cross-Filed with EEOC?: ☐ Yes ☐ No EEOC Charge No.: [____]

Complainant (Charging Party) Information

Respondent (Employer) Information

Bases of Discrimination (check all that apply)

☐ Race [____] ☐ Creed ☐ Color ☐ Sex ☐ Sexual Orientation
☐ National Origin [____] ☐ Religion [____] ☐ Age (DOB above)
☐ Disability (physical) ☐ Disability (mental) ☐ Pregnancy
☐ Retaliation for protected activity ☐ Other: [____]

Discriminatory Action(s)

☐ Failure to hire ☐ Termination ☐ Demotion ☐ Failure to promote
☐ Unequal pay ☐ Harassment / hostile work environment
☐ Failure to accommodate ☐ Constructive discharge ☐ Retaliation
☐ Discipline ☐ Other: [____]

Dates

Statement of Discrimination

I, [COMPLAINANT NAME], allege that [RESPONDENT NAME] discriminated against me in violation of the Iowa Civil Rights Act, Iowa Code Chapter 216, as follows:

1. I am a member of a protected class. Specifically, I am [________________________________].

2. I was qualified for my position. I was employed as [POSITION TITLE] from [__/__/____] to [__/__/____] and consistently met or exceeded performance expectations, including [________________________________].

3. I suffered an adverse employment action. On or about [__/__/____], Respondent [TERMINATED / DEMOTED / FAILED TO PROMOTE / etc.] me.

4. The adverse action was motivated by my protected class / protected activity. The following facts support this conclusion:
   a. [____________________________________________________________]
   b. [____________________________________________________________]
   c. [____________________________________________________________]

5. Similarly situated employees outside my protected class were treated more favorably. Specifically: [____________________________________________________________]

6. Respondent's stated reason is pretextual because: [____________________________________________________________]

Witnesses

Verification

I declare under penalty of perjury under the laws of the State of Iowa that the foregoing is true and correct to the best of my knowledge.

Executed on [__/__/____] at [CITY], Iowa.

Signature: _________________________________
Printed Name: [________________________________]

Part C — Right-to-Sue (Administrative Release) Demand Letter

[LETTERHEAD / DATE]

Iowa Civil Rights Commission
Iowa Office of Civil Rights
6200 Park Avenue, Suite 100
Des Moines, IA 50321

Re: Request for Administrative Release Pursuant to Iowa Code § 216.16
ICRC Case No.: [________________________________]
Complainant: [________________________________]
Respondent: [________________________________]
Date Charge Filed: [__/__/____]

Dear Sir/Madam:

Pursuant to Iowa Code § 216.16(3), the undersigned Complainant respectfully requests that the Iowa Civil Rights Commission issue an administrative release authorizing Complainant to commence a civil action in district court on the above-referenced complaint.

More than sixty (60) days have elapsed since the timely filing of the complaint on [__/__/____]. None of the bars to issuance set forth in § 216.16(3)(a) applies:

• ☐ No finding of no probable cause has been made under § 216.15(3).
• ☐ No conciliation agreement has been executed under § 216.15.
• ☐ No notice of hearing has been served on Respondent under § 216.15(6).
• ☐ The complaint has not been administratively closed for two or more years.

Complainant understands that issuance of the release will bar further agency action on the complaint and that any civil action must be commenced within ninety (90) days of issuance pursuant to Iowa Code § 216.16(4). Complainant further requests, pursuant to § 216.16(3)(b), copies of all documents contained in the case file.

Please issue the administrative release at your earliest convenience and forward by mail and email to the addresses below.

Sincerely,

_________________________________
[COMPLAINANT NAME] / [ATTORNEY NAME]
[ADDRESS]
[PHONE] | [EMAIL]

Part D — Pre-Suit Civil Complaint (Template)

IN THE IOWA DISTRICT COURT FOR [COUNTY] COUNTY

PETITION AT LAW — EMPLOYMENT DISCRIMINATION
(Iowa Civil Rights Act, Iowa Code Chapter 216; Jury Trial Demanded)

COMES NOW Plaintiff [NAME], by and through undersigned counsel, and for cause of action against Defendant [NAME] states:

Parties, Jurisdiction, and Venue

1. Plaintiff is a resident of [COUNTY] County, Iowa.
2. Defendant is [an Iowa corporation / a foreign corporation authorized to do business in Iowa] with its principal place of business at [____], and at all relevant times employed four (4) or more persons within Iowa within the meaning of Iowa Code § 216.2(7).
3. This Court has subject-matter jurisdiction under Iowa Code § 602.6101 and § 216.16.
4. Venue is proper in [COUNTY] County under Iowa Code § 216.16(5) because [____].

Administrative Exhaustion

5. On [__/__/____], Plaintiff timely filed a verified charge of discrimination with the Iowa Civil Rights Commission (ICRC Case No. [____]) within 300 days of the last discriminatory act pursuant to Iowa Code § 216.15(13).
6. On [__/__/____], more than 60 days after filing, the ICRC issued an administrative release pursuant to Iowa Code § 216.16(3). A copy is attached as Exhibit A.
7. This action is timely commenced within 90 days of the release pursuant to Iowa Code § 216.16(4).

Factual Allegations

8. Plaintiff was hired by Defendant on or about [__/__/____] as a [POSITION].
9. Plaintiff is a member of a protected class under Iowa Code § 216.6, specifically [____].
10. Plaintiff was qualified for the position and performed satisfactorily.
11. [Set forth specific discriminatory acts, dates, decision-makers, comparators, pretext evidence.]
12. On or about [__/__/____], Defendant [TERMINATED / DEMOTED / etc.] Plaintiff.
13. Defendant's stated reason was pretextual, as shown by [____].

Count I — Discrimination in Violation of Iowa Code § 216.6

14. Plaintiff incorporates paragraphs 1-13.
15. Defendant's conduct constitutes an unfair employment practice under Iowa Code § 216.6 because Plaintiff's [PROTECTED BASIS] was a motivating factor in the adverse employment action.
16. As a direct and proximate result, Plaintiff has suffered lost wages and benefits, emotional distress, and other compensatory damages.

Count II — Retaliation in Violation of Iowa Code § 216.11 (if applicable)

17. Plaintiff incorporates the preceding paragraphs.
18. Plaintiff engaged in protected activity by [____].
19. Defendant took adverse action against Plaintiff because of that protected activity in violation of Iowa Code § 216.11.

Prayer for Relief

WHEREFORE, Plaintiff respectfully requests judgment against Defendant for:

a. Reinstatement to Plaintiff's former position, or in lieu thereof, front pay;
b. Back pay, including lost wages, benefits, and interest;
c. Compensatory damages for emotional distress and other consequential losses;
d. Reasonable attorney fees and costs under Iowa Code § 216.15(9)(a)(8);
e. Pre-judgment and post-judgment interest;
f. Such other and further relief as the Court deems just and equitable.

JURY TRIAL DEMANDED on all issues so triable.

Dated: [__/__/____]

Respectfully submitted,

_________________________________
[ATTORNEY NAME], AT#[____]
[FIRM] | [ADDRESS]
[PHONE] | [EMAIL]
ATTORNEY FOR PLAINTIFF

Part E — Pre-Filing Checklist

Eligibility and Timeliness

☐ Confirmed employer has 4 or more employees in Iowa (§ 216.2(7))
☐ Last discriminatory act occurred within 300 days (§ 216.15(13))
☐ Identified protected basis under § 216.6
☐ Documented adverse employment action
☐ Identified comparator(s) outside protected class (if disparate-treatment theory)
☐ Considered continuing-violation doctrine for hostile-environment claims

Documentation

☐ Personnel file / performance reviews obtained
☐ Termination / discipline notices preserved
☐ Pay records and W-2s gathered
☐ Witness list compiled with contact information
☐ Comparator evidence preserved (treatment of similarly situated employees)
☐ Direct evidence (emails, texts, voicemails, social media) preserved
☐ Mitigation efforts documented (job applications, interviews)

Charge Preparation

☐ Charge narrative drafted with each element of prima facie case
☐ Bases of discrimination identified
☐ Discriminatory actions identified
☐ Dates verified against documentary evidence
☐ EEOC cross-filing election made
☐ Verification / signature affixed
☐ Local ordinance considered (Des Moines, Cedar Rapids, Iowa City, Mason City, Dubuque, etc.)

Right-to-Sue Stage

☐ 60 days have elapsed since filing (§ 216.16(2)(b))
☐ No bars to issuance under § 216.16(3)(a) apply
☐ Demand letter sent to ICRC
☐ Administrative release received and dated
☐ 90-day suit clock calendared (§ 216.16(4))

Suit Filing

☐ Venue confirmed (county of respondent or where act occurred — § 216.16(5))
☐ Complaint drafted with administrative-exhaustion allegations
☐ Administrative release attached as exhibit
☐ Filing fee verified
☐ Service of process planned per Iowa R. Civ. P. 1.302–1.305
☐ Jury demand included if desired
☐ Parallel federal Title VII / ADA / ADEA suit considered for punitive damages

Sources and References

• Iowa Code Chapter 216 (Iowa Civil Rights Act): https://www.legis.iowa.gov/DOCS/ACO/IC/LINC/Chapter.216.html
• Iowa Code § 216.15 (Complaint — hearing): https://www.legis.iowa.gov/docs/code/216.15.pdf
• Iowa Code § 216.16 (Sixty-day administrative release): https://www.legis.iowa.gov/docs/code/216.16.pdf
• Iowa Office of Civil Rights — File a Complaint: https://icrc.iowa.gov/file-complaint
• ICRC Outline of Complaint Process: https://icrc.iowa.gov/file-complaint/outline-complaint-process
• ICRC FAQ: https://icrc.iowa.gov/resources/frequently-asked-questions
• ICRC Online Filing Form: https://engage.iowa.gov/jfe/form/SV_1BuZgCFnlLehhNI
• 161 Iowa Admin. Code ch. 3 (Civil Rights Section procedures): https://icrc.iowa.gov/media/478/download?inline
• EEOC (cross-filing): https://www.eeoc.gov/filing-charge-discrimination
• Workplace Fairness — Iowa Discrimination Filing: https://www.workplacefairness.org/filing-a-discrimination-claim-iowa/