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 Office of Civil Rights
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)
☐ Accommodation or pregnancy-leave issue (identify governing provision) ☐ Forced to quit or retire
☐ Other: [________________________________]

4. Federal / Local Cross-Filing Considerations

5. Strategic Considerations

• Analyze federal claims separately; federal remedies and employer-size rules differ from Chapter 216.
• Confirm that IOCR actually dual-filed the matter; do not assume a state filing preserves every federal claim.
• For alleged continuous conduct, review current 161 Iowa Administrative Code rule 3.2 and claim-specific law before calculating timeliness.
• Identify any applicable local ordinance and verify its coverage and deadline separately.

6. Recommendation

☐ File an IOCR complaint and confirm EEOC dual-filing ☐ File with EEOC only ☐ Decline representation
☐ Request an administrative release after 60 days if no § 216.16(3)(a) bar applies ☐ Let IOCR investigate to determination
Notes: [____________________________________________________________]

Part B — Charge Preparation Worksheet (Not a Filing Form)

Do not file this worksheet. Transfer the verified information into the current IOCR online portal or the official IOCR paper complaint form. IOCR's current instructions state that a signature is required and that the complaint will not be processed until it is signed.

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

Target Filing Date: [__/__/____]
IOCR CP No. (after filing): [________________________________]
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
☐ Denied accommodation ☐ Forced to quit or retire ☐ 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. Basis claimed: [RACE / COLOR / CREED / SEX / SEXUAL ORIENTATION / NATIONAL ORIGIN / RELIGION / AGE / DISABILITY / PREGNANCY / RETALIATION / OTHER VERIFIED BASIS].

2. Employment and role: I was employed as [POSITION TITLE] from [__/__/____] to [__/__/____]. Relevant duties and performance facts include [________________________________].

3. Action and date: On or about [__/__/____], Respondent [DESCRIBE THE SPECIFIC ACTION].

4. Facts connecting the action to the claimed basis or protected activity:
   a. [____________________________________________________________]
   b. [____________________________________________________________]
   c. [____________________________________________________________]

5. Comparators or other context, if relevant and factually supported: [____________________________________________________________]

6. Respondent's stated reason and facts bearing on that reason: [____________________________________________________________]

Witnesses

Transfer-to-Official-Form Check

☐ Used the current IOCR portal or official paper complaint form

☐ Included every required respondent and the physical location of the alleged conduct

☐ Included the most recent incident date and nationwide employee-count range

☐ Reviewed all materials that will be served on the respondent

☐ Complainant signed and dated the official complaint form

Part C — Administrative Release Request Draft

IOCR's current Right to Sue Letter FAQ requires a written request identifying the CP number and the EEOC number, if one exists, and identifies [email protected] as the fastest submission route. Confirm the current submission instructions before sending.

[LETTERHEAD / DATE]

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
IOCR CP No.: [________________________________]
EEOC Charge No. (if any): [________________________________]
Complainant: [________________________________]
Respondent: [________________________________]
Date Charge Filed: [__/__/____]

Dear Sir/Madam:

Pursuant to Iowa Code § 216.16(3), the undersigned Complainant respectfully requests that the Iowa Office of Civil Rights 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).
• ☐ If the complaint was administratively closed, fewer than two years have elapsed since the closure date.

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 and send it to the contact information below. Please also provide an electronic copy of the case file as permitted by § 216.16(3)(b).

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)

Attorney-use skeleton: This section is not a filing-ready pleading. Confirm the parties, available claims, causation standard, defenses, requested relief, jury availability, and current Iowa Rules of Civil Procedure before filing.

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 [ENTITY TYPE] with its principal place of business at [____]. Defendant is alleged not to fall within the less-than-four-individuals exclusion in Iowa Code § 216.6(6)(a), based on [FACTS].
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 written complaint with the Iowa Office of Civil Rights (IOCR CP No. [____]) within 300 days of the alleged discriminatory practice pursuant to Iowa Code § 216.15(13).
6. On [__/__/____], after the complaint had been on file at least 60 days, IOCR 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 alleges discrimination because of [BASIS PROTECTED BY THE CITED PROVISION].
10. The challenged action occurred on [DATE] and consisted of [SPECIFIC ACTION].
11. The relevant decision-maker or actor was [NAME / ROLE].
12. The facts alleged to connect the action to the protected basis are [SPECIFIC FACTS].
13. Plaintiff alleges the following injury caused by the challenged practice: [SPECIFIC INJURY].

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 Defendant [DESCRIBE CONDUCT] because of Plaintiff's [PROTECTED BASIS], subject to proof and applicable defenses.
16. Plaintiff alleges injury caused by the discriminatory practice and requests only relief authorized by Iowa Code §§ 216.15(9) and 216.16(6), as supported by the evidence.

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. Remedial action authorized by Iowa Code § 216.15(9), as applicable to the proved claim;
b. Damages for injury caused by the discriminatory practice, including authorized actual damages;
c. Court costs and reasonable attorney fees under Iowa Code § 216.15(9)(a)(8);
d. Such other relief authorized by Iowa Code §§ 216.15(9) and 216.16(6).

Dated: [__/__/____]

Respectfully submitted,

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

Part E — Pre-Filing Checklist

Eligibility and Timeliness

☐ Analyzed the employer definition in § 216.2(9) and the less-than-four-individuals exclusion in § 216.6(6)(a)
☐ 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)
☐ Reviewed rule 161—3.2 and claim-specific law before relying on any continuous-violation theory

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

☐ Official IOCR form or portal used; this worksheet was not filed
☐ 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

☐ Complaint has been on file at least 60 days (§ 216.16(2)(b))
☐ No bars to issuance under § 216.16(3)(a) apply
☐ Written administrative-release request sent to IOCR with the CP number and EEOC number, if any
☐ 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
☐ Current original-notice and service requirements reviewed for every defendant
☐ Jury availability and any demand deadline reviewed under current claim-specific law
☐ Any federal Title VII / ADA / ADEA claim separately analyzed for coverage, exhaustion, timing, and remedies

Sources and References

• Iowa Code Chapter 216 (Iowa Civil Rights Act): https://www.legis.iowa.gov/docs/ico/chapter/216.pdf
• 161 Iowa Administrative Code chapter 3: https://www.legis.iowa.gov/docs/iac/chapter/161.3.pdf
• Iowa Office of Civil Rights — File a Complaint: https://icrc.iowa.gov/file-complaint
• IOCR official complaint form: https://icrc.iowa.gov/media/534/download?inline
• IOCR official complaint-form instructions: https://icrc.iowa.gov/media/535/download?inline
• IOCR Outline of Complaint Process: https://icrc.iowa.gov/file-complaint/outline-complaint-process
• IOCR Right to Sue Letter FAQ: https://icrc.iowa.gov/media/441/download?inline
• IOCR Online Filing Form: https://engage.iowa.gov/jfe/form/SV_1BuZgCFnlLehhNI
• EEOC filing and FEPA dual-filing guidance: https://www.eeoc.gov/filing-charge-discrimination
• EEOC federal coverage thresholds: https://www.eeoc.gov/employers/small-business/1-do-federal-employment-discrimination-laws-enforced-eeoc-apply-my