Iowa Admin. Code r. 875-9.3

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 875-9.3 - [Effective 1/15/2025] Filing of complaint for discrimination

(1) A complaint of Iowa Code section 88.9(3) discrimination may be filed by the employee or by a representative authorized to do so on the employee's behalf. No particular form of complaint is required. A complaint should be filed with the labor commissioner.

(2) Complaints not filed within 30 days of an alleged violation will ordinarily be presumed to be untimely. However, there may be circumstances that would justify tolling of the 30-day period on recognized equitable principles or because of strongly extenuating circumstances (e.g., where the employer has concealed or misled the employee regarding the grounds for discharge or other adverse action or where the discrimination is in the nature of a continuing violation). The pendency of grievance-arbitration proceedings or filing with another agency, among others, are circumstances that do not justify tolling of the 30-day period.

(3) Withdrawal of complaint. Attempts by an employee to withdraw a previously filed complaint will not necessarily result in termination of the labor commissioner's investigation. However, a voluntary and uncoerced request from a complainant to withdraw the complaint will be given careful consideration and substantial weight.

Iowa Admin. Code r. 875-9.3

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

Adopted by IAB December 11, 2024/Volume XLVII, Number 11, effective 1/15/2025