Iowa Admin. Code r. 161-8.2

Current through Register Vol. 47, No. 8, October 30, 2024

Rule 161-8.2 - Bona fide occupational qualifications

(1) An employer, employment agency, or labor organization may take action otherwise prohibited under commission rules where the protected basis is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business.

(2) Bona fide occupational qualifications are narrow in scope and do not include convenience or an employer's preferences.

(3) An employer or employment agency's following of federal or state statutes or regulations establishing employment standards is not illegal discrimination when the standards are bona fide occupational qualifications.

(4) A bona fide occupational qualification will also be recognized where there exist special, individual occupational circumstances such as acting or modeling.

(5) Bona fide occupational qualifications do not include assumptions about a protected basis, comparative characteristics of a protected basis, and stereotypes based on a protected basis.

(6) No publication shall advertise employment opportunities containing any indication of a preference, limitation, or restriction based upon age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability, unless there is a bona fide occupational qualification.

Iowa Admin. Code r. 161-8.2

Rescinded IAB 5/5/10, effective 6/9/10.

Adopted by IAB August 21, 2024/Volume XLVII, Number 5, effective 9/25/2024