Print
House File 539 - IntroducedA Bill ForAn Act 1relating to the procedure for obtaining an
2administrative release from the Iowa civil rights
3commission.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 216.16, Code 2017, is amended to read as
2follows:
3216.16 Sixty-day administrative release Release to file
4private action in district court.
51. A person claiming to be aggrieved by an unfair or
6discriminatory practice must shall initially, and as a
7jurisdictional prerequisite to any action for relief in the
8district court, seek an administrative relief by filing a
9complaint with the commission in accordance with section
10216.15. This provision also applies to persons claiming to be
11aggrieved by an unfair or discriminatory practice committed by
12the state or an agency or political subdivision of the state,
13notwithstanding the terms of the Iowa administrative procedure
14Act, chapter 17A.
152. a. After the proper filing of a complaint with the
16commission, a complainant may subsequently commence an action
17for relief in the district court if all of the following
18conditions have been satisfied:
19a. (1) The complainant has timely filed the complaint with
20the commission as provided in section 216.15, subsection 13.
21b. (2) The complaint has been on file with the commission
22for at least sixty days and the commission has issued a release
23to the complainant pursuant to subsection 3.
243. a. Upon a request by the complainant, and
25(3) The action for relief in district court is filed within
26ninety daysafter the expiration issuance by the commission
27 of sixty days from the timely filing a release pursuant to
28subsection 3.
29b. If one or moreof a complaint with the commission, the
30commission shall issue to the complainant a the conditions
31in paragraph “a” have not been met, an action for relief
32in district court is barred for lack of subject matter
33jurisdiction.
343. Arelease stating that the complainant has a right to
35commence an action in the district court. A release shall be
-1-1issued upon the occurrence of either of the following:
2a. The complainant’s request for a release during the
3commission’s investigation, provided the complaint has been on
4file with the commission for at least sixty days.
5b. The complaint is closed as an administrative closure.
64. A releaseunder this subsection 3 shall not be issued if
7any of the following apply:
8(1) a. A finding of no probable cause has been made on the
9complaint by the administrative law judge charged with that
10duty under section 216.15, subsection 3.
11(2) b. A conciliation agreement has been executed under
12section 216.15.
13(3) c. The commission has served notice of hearing upon the
14respondent pursuant to section 216.15, subsection 6.
15(4) The complaint is closed as an administrative closure and
16two years have elapsed since the issuance date of the closure.
17b. 5. Notwithstanding section 216.15, subsection 5, a party
18may obtain a copy of all documents contained in a case file
19where the commission has issued a release to the complainant
20pursuant to this subsection 3.
214. 6. An action authorized under this section is barred,
22and the district court lacks subject matter jurisdiction over
23such action, unless such action is commenced within ninety days
24after issuance by the commission of a release under subsection
253. If a complainant obtains a release from the commission
26under subsection 3, the commission is barred from further
27action on that complaint.
285. 7. Venue for an action under this section shall be in
29the county in which the respondent resides or has its principal
30place of business, or in the county in which the alleged unfair
31or discriminatory practice occurred.
326. 8. The district court may grant any relief in an action
33under this section which is authorized by section 216.15,
34subsection 9, to be issued by the commission. The district
35court may also award the respondent reasonable attorney fees
-2-1and court costs when the court finds that the complainant’s
2action was frivolous.
37. 9. It is the legislative intent of this chapter that
4every complaint be at least preliminarily screened during the
5first one hundred twenty days.
68. 10. This section does not authorize administrative
7closures if an investigation is warranted.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
11This bill modifies the procedure required to be followed
12before a person can pursue a private action in district court
13regarding an unfair or discriminatory practice under Code
14chapter 216, the Iowa civil rights Act.
15Under current Code section 216.16, a person pursuing relief
16from an alleged unfair or discriminatory practice must file a
17complaint with the Iowa civil rights commission. The person
18may request an administrative release after a timely filed
19complaint has been on file with the commission for 60 days.
20The bill requires a person to file an action for relief in
21district court within 90 days of issuance of the release by the
22commission. Correspondingly, the bill also removes the current
23restriction that the commission cannot issue an administrative
24release relating to a complaint that has been administratively
25closed for two years.
-3-tr/rj
2administrative release from the Iowa civil rights
3commission.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 216.16, Code 2017, is amended to read as
2follows:
3216.16 Sixty-day administrative release Release to file
4private action in district court.
51. A person claiming to be aggrieved by an unfair or
6discriminatory practice must shall initially, and as a
7jurisdictional prerequisite to any action for relief in the
8district court, seek an administrative relief by filing a
9complaint with the commission in accordance with section
10216.15. This provision also applies to persons claiming to be
11aggrieved by an unfair or discriminatory practice committed by
12the state or an agency or political subdivision of the state,
13notwithstanding the terms of the Iowa administrative procedure
14Act, chapter 17A.
152. a. After the proper filing of a complaint with the
16commission, a complainant may subsequently commence an action
17for relief in the district court if all of the following
18conditions have been satisfied:
19a. (1) The complainant has timely filed the complaint with
20the commission as provided in section 216.15, subsection 13.
21b. (2) The complaint has been on file with the commission
22for at least sixty days and the commission has issued a release
23to the complainant pursuant to subsection 3.
243. a. Upon a request by the complainant, and
25(3) The action for relief in district court is filed within
26ninety daysafter the expiration issuance by the commission
27 of sixty days from the timely filing a release pursuant to
28subsection 3.
29b. If one or moreof a complaint with the commission, the
30commission shall issue to the complainant a the conditions
31in paragraph “a” have not been met, an action for relief
32in district court is barred for lack of subject matter
33jurisdiction.
343. Arelease stating that the complainant has a right to
35commence an action in the district court. A release shall be
-1-1issued upon the occurrence of either of the following:
2a. The complainant’s request for a release during the
3commission’s investigation, provided the complaint has been on
4file with the commission for at least sixty days.
5b. The complaint is closed as an administrative closure.
64. A releaseunder this subsection 3 shall not be issued if
7any of the following apply:
8(1) a. A finding of no probable cause has been made on the
9complaint by the administrative law judge charged with that
10duty under section 216.15, subsection 3.
11(2) b. A conciliation agreement has been executed under
12section 216.15.
13(3) c. The commission has served notice of hearing upon the
14respondent pursuant to section 216.15, subsection 6.
15(4) The complaint is closed as an administrative closure and
16two years have elapsed since the issuance date of the closure.
17b. 5. Notwithstanding section 216.15, subsection 5, a party
18may obtain a copy of all documents contained in a case file
19where the commission has issued a release to the complainant
20pursuant to this subsection 3.
214. 6. An action authorized under this section is barred,
22and the district court lacks subject matter jurisdiction over
23such action, unless such action is commenced within ninety days
24after issuance by the commission of a release under subsection
253. If a complainant obtains a release from the commission
26under subsection 3, the commission is barred from further
27action on that complaint.
285. 7. Venue for an action under this section shall be in
29the county in which the respondent resides or has its principal
30place of business, or in the county in which the alleged unfair
31or discriminatory practice occurred.
326. 8. The district court may grant any relief in an action
33under this section which is authorized by section 216.15,
34subsection 9, to be issued by the commission. The district
35court may also award the respondent reasonable attorney fees
-2-1and court costs when the court finds that the complainant’s
2action was frivolous.
37. 9. It is the legislative intent of this chapter that
4every complaint be at least preliminarily screened during the
5first one hundred twenty days.
68. 10. This section does not authorize administrative
7closures if an investigation is warranted.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
11This bill modifies the procedure required to be followed
12before a person can pursue a private action in district court
13regarding an unfair or discriminatory practice under Code
14chapter 216, the Iowa civil rights Act.
15Under current Code section 216.16, a person pursuing relief
16from an alleged unfair or discriminatory practice must file a
17complaint with the Iowa civil rights commission. The person
18may request an administrative release after a timely filed
19complaint has been on file with the commission for 60 days.
20The bill requires a person to file an action for relief in
21district court within 90 days of issuance of the release by the
22commission. Correspondingly, the bill also removes the current
23restriction that the commission cannot issue an administrative
24release relating to a complaint that has been administratively
25closed for two years.
-3-tr/rj