Iowa Admin. Code r. 875-9.10

Current through Register Vol. 46, No. 22, May 1, 2024

Rule 875-9.10 - Proceedings under or related to the Act

(1) Discharge of, or discrimination against, any employee because the employee has "instituted or caused to be instituted any proceeding under or related to this Act" is also prohibited by Iowa Code section 88.9(3). Examples of proceedings which could arise specifically under the Act would be inspections of workplaces under Iowa Code section 88.6, an employee contest of an abatement date under Iowa Code section 88.8(3), an employee application for modification or revocation of a variance under Iowa Code section 88.5 and an employee appeal of an order of the employment appeal board under Iowa Code section 88.9(1). In determining whether a "proceeding" is "related to" the Act, the considerations discussed in rule 875-9.9(88) would also be applicable.

(2) An employee need not directly institute the proceedings. It is sufficient if the employee sets into motion activities of others which result in proceedings under or related to the Act.

Amended by IAB April 19, 2023/Volume XLV, Number 21, effective 5/24/2023