In 2007, Iowa amended its nondiscrimination statute to prohibit sexual orientation and gender identity discrimination in public and private employment. See Iowa Acts 2007 (82 G.A.) ch. 191, S.F. 427, § 1; Iowa Code 216.2(10, 14); Iowa Code 216.6.
All government employees are protected by the U.S. Constitution against irrational discrimination based on sexual orientation or gender identity. In addition, some measure of protection already exists under Title VII based on gender, which has been held to include gender identity and expression.
The U.S. Equal Employment Opportunity Commission (EEOC) and several courts have interpreted Title VII to protect transgender employees, and the EEOC has interpreted Title VII to cover sexual orientation discrimination. The Supreme Court has held that the EEOC's interpretations of Title VII are entitled to "great deference."
YES, Iowa has a criminal law that punishes people with an HIV diagnosis specifically for nondisclosure of HIV status prior to sexual conduct. A violation of this statute is classified as either a felony or a misdemeanor, depending on the circumstances.
YES, in recent years, there has been at least one criminal prosecution for HIV nondisclosure in Iowa.
NO, Iowa does not have laws that criminalize or enhance penalties for biting, spitting and/or throwing bodily fluids or substances (such as urine or excrement) if a person has been diagnosed with HIV, but that does not mean the state could not prosecute a person engaged in such activities under general criminal laws or argue for sentence enhancements based on the person’s HIV diagnosis.
NO, Iowa does not have laws that enhance penalties for HIV-positive people involved in commercial sexual transactions, but that does not mean that a prosecutor could not argue for an enhanced sentence in such a situation based on the defendant’s HIV-positive status, if the prosecutor has access to that information, or attempt to bring separate charges under an HIV-specific nondisclosure statute or the general criminal laws.
Any unmarried adult. Spouse must join petition unless excused by court. See Iowa Code 600.
Approved in lower courts.