Iowa Admin. Code r. 161-8.3

Current through Register Vol. 47, No. 10, November 13, 2024
Rule 161-8.3 - Preemployment inquiries
(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.

Iowa Admin. Code r. 161-8.3

Rescinded IAB 5/5/10, effective 6/9/10.
Adopted by IAB August 21, 2024/Volume XLVII, Number 5, effective 9/25/2024