Bill Text: IA HF190 | 2023-2024 | 90th General Assembly | Introduced

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Bill Title: A bill for an act relating to gender under the Iowa civil rights Act.

Spectrum: Partisan Bill (Republican 12-0)

Status: (Introduced) 2023-02-02 - Introduced, referred to Judiciary. H.J. 234. [HF190 Detail]

Download: Iowa-2023-HF190-Introduced.html

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House File 190 - Introduced
HOUSE FILE 190
BY FISHER , HAYES , M. THOMPSON ,
GOLDING , DIEKEN , HENDERSON ,
CARLSON , STOLTENBERG ,
WHEELER , GERHOLD , SHERMAN ,
and SHIPLEY
A BILL FOR
An Act relating to gender under the Iowa civil rights Act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 216.2, subsection 10, Code 2023, is
amended by striking the subsection.
Sec. 2. Section 216.2, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION . 13A. “Sex” means a person’s biological
sex as either female or male. The sex listed on a person’s
official birth certificate or certificate issued upon adoption
may be relied upon if the certificate was issued at or near the
time of the person’s birth.
Sec. 3. Section 216.5, subsections 6 and 8, Code 2023, are
amended to read as follows:
6. To issue such publications and reports of investigations
and research as in the judgment of the commission shall tend
to promote goodwill among the various racial, religious, and
ethnic groups of the state and which shall tend to minimize or
eliminate discrimination in public accommodations, employment,
apprenticeship and on-the-job training programs, vocational
schools, career and technical education programs, or housing
because of race, creed, color, sex, sexual orientation, gender
identity, national origin, religion, ancestry, or disability.
8. To make recommendations to the general assembly for
such further legislation concerning discrimination because of
race, creed, color, sex, sexual orientation, gender identity,
national origin, religion, ancestry, or disability as it may
deem necessary and desirable.
Sec. 4. Section 216.6, subsection 1, paragraphs a, b, and c,
Code 2023, are amended to read as follows:
a. Person to refuse to hire, accept, register, classify,
or refer for employment, to discharge any employee, or to
otherwise discriminate in employment against any applicant
for employment or any employee because of the age, race,
creed, color, sex, sexual orientation, gender identity,
national origin, religion, or disability of such applicant or
employee, unless based upon the nature of the occupation. If a
person with a disability is qualified to perform a particular
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occupation, by reason of training or experience, the nature
of that occupation shall not be the basis for exception to
the unfair or discriminatory practices prohibited by this
subsection .
b. Labor organization or the employees, agents, or members
thereof to refuse to admit to membership any applicant, to
expel any member, or to otherwise discriminate against any
applicant for membership or any member in the privileges,
rights, or benefits of such membership because of the age,
race, creed, color, sex, sexual orientation, gender identity,
national origin, religion, or disability of such applicant or
member.
c. Employer, employment agency, labor organization, or the
employees, agents, or members thereof to directly or indirectly
advertise or in any other manner indicate or publicize that
individuals of any particular age, race, creed, color, sex,
sexual orientation, gender identity, national origin, religion,
or disability are unwelcome, objectionable, not acceptable, or
not solicited for employment or membership unless based on the
nature of the occupation.
(1) If a person with a disability is qualified to perform a
particular occupation by reason of training or experience, the
nature of that occupation shall not be the basis for exception
to the unfair or discriminatory practices prohibited by this
subsection .
(2) An employer, employment agency, or their employees,
servants, or agents may offer employment or advertise for
employment to only persons with disabilities, when other
applicants have available to them other employment compatible
with their ability which would not be available to persons
with disabilities because of their disabilities. Any such
employment or offer of employment shall not discriminate among
persons with disabilities on the basis of race, color, creed,
sex, sexual orientation, gender identity, or national origin.
Sec. 5. Section 216.6, subsection 6, paragraph d, Code 2023,
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is amended to read as follows:
d. Any bona fide religious institution or its educational
facility, association, corporation, or society with respect
to any qualifications for employment based on religion , or
sexual orientation , or gender identity when such qualifications
are related to a bona fide religious purpose. A religious
qualification for instructional personnel or an administrative
officer, serving in a supervisory capacity of a bona fide
religious educational facility or religious institution, shall
be presumed to be a bona fide occupational qualification.
Sec. 6. Section 216.6A, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
The general assembly finds that the practice of
discriminating against any employee because of the age,
race, creed, color, sex, sexual orientation, gender identity,
national origin, religion, or disability of such employee by
paying wages to such employee at a rate less than the rate paid
to other employees does all of the following:
Sec. 7. Section 216.6A, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. The general assembly declares that it is the policy
of this state to correct and, as rapidly as possible, to
eliminate, discriminatory wage practices based on age, race,
creed, color, sex, sexual orientation, gender identity,
national origin, religion, and disability.
Sec. 8. Section 216.6A, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. It shall be an unfair or discriminatory practice for any
employer or agent of any employer to discriminate against any
employee because of the age, race, creed, color, sex, sexual
orientation, gender identity, national origin, religion, or
disability of such employee by paying wages to such employee
at a rate less than the rate paid to other employees who are
employed within the same establishment for equal work on jobs,
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the performance of which requires equal skill, effort, and
responsibility, and which are performed under similar working
conditions. An employer or agent of an employer who is paying
wages to an employee at a rate less than the rate paid to other
employees in violation of this section shall not remedy the
violation by reducing the wage rate of any employee.
Sec. 9. Section 216.6A, subsection 3, paragraph d, Code
2023, is amended to read as follows:
d. Pay differential is based on any other factor other than
the age, race, creed, color, sex, sexual orientation, gender
identity, national origin, religion, or disability of such
employee.
Sec. 10. Section 216.7, subsection 1, paragraphs a and b,
Code 2023, are amended to read as follows:
a. To refuse or deny to any person because of race,
creed, color, sex, sexual orientation, gender identity,
national origin, religion, or disability the accommodations,
advantages, facilities, services, or privileges thereof,
or otherwise to discriminate against any person because of
race, creed, color, sex, sexual orientation, gender identity,
national origin, religion, or disability in the furnishing
of such accommodations, advantages, facilities, services, or
privileges.
b. To directly or indirectly advertise or in any other
manner indicate or publicize that the patronage of persons of
any particular race, creed, color, sex, sexual orientation,
gender identity, national origin, religion, or disability is
unwelcome, objectionable, not acceptable, or not solicited.
Sec. 11. Section 216.7, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. Any bona fide religious institution with respect to any
qualifications the institution may impose based on religion , or
sexual orientation , or gender identity when such qualifications
are related to a bona fide religious purpose.
Sec. 12. Section 216.8, subsection 1, paragraphs a, b, c,
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and d, Code 2023, are amended to read as follows:
a. To refuse to sell, rent, lease, assign, sublease, refuse
to negotiate, or to otherwise make unavailable, or deny any
real property or housing accommodation or part, portion, or
interest therein, to any person because of the race, color,
creed, sex, sexual orientation, gender identity, religion,
national origin, disability, or familial status of such person.
b. To discriminate against any person because of the
person’s race, color, creed, sex, sexual orientation, gender
identity, religion, national origin, disability, or familial
status, in the terms, conditions, or privileges of the sale,
rental, lease assignment, or sublease of any real property or
housing accommodation or any part, portion, or interest in the
real property or housing accommodation or in the provision of
services or facilities in connection with the real property or
housing accommodation.
c. To directly or indirectly advertise, or in any other
manner indicate or publicize that the purchase, rental,
lease, assignment, or sublease of any real property or housing
accommodation or any part, portion, or interest therein, by
persons of any particular race, color, creed, sex, sexual
orientation, gender identity, religion, national origin,
disability, or familial status is unwelcome, objectionable, not
acceptable, or not solicited.
d. To discriminate against the lessee or purchaser of any
real property or housing accommodation or part, portion, or
interest of the real property or housing accommodation, or
against any prospective lessee or purchaser of the property or
accommodation, because of the race, color, creed, religion,
sex, sexual orientation, gender identity, disability, age, or
national origin of persons who may from time to time be present
in or on the lessee’s or owner’s premises for lawful purposes
at the invitation of the lessee or owner as friends, guests,
visitors, relatives, or in any similar capacity.
Sec. 13. Section 216.8A, subsections 1, 2, and 5, Code 2023,
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are amended to read as follows:
1. A person shall not induce or attempt to induce another
person to sell or rent a dwelling by representations regarding
the entry or prospective entry into a neighborhood of a person
of a particular race, color, creed, sex, sexual orientation,
gender identity, religion, national origin, disability, or
familial status.
2. A person shall not represent to a person of a particular
race, color, creed, sex, sexual orientation, gender identity,
religion, national origin, disability, or familial status that
a dwelling is not available for inspection, sale, or rental
when the dwelling is available for inspection, sale, or rental.
5. A person shall not deny another person access to,
or membership or participation in, a multiple-listing
service, real estate brokers’ organization or other service,
organization, or facility relating to the business of selling
or renting dwellings, or discriminate against a person in
terms or conditions of access, membership, or participation in
such organization because of race, color, creed, sex, sexual
orientation, gender identity, religion, national origin,
disability, or familial status.
Sec. 14. Section 216.8A, subsection 4, paragraph a, Code
2023, is amended to read as follows:
a. A person whose business includes engaging in residential
real estate related transactions shall not discriminate
against a person in making a residential real estate
related transaction available or in terms or conditions of
a residential real estate related transaction because of
race, color, creed, sex, sexual orientation, gender identity,
religion, national origin, disability, or familial status.
Sec. 15. Section 216.9, subsection 1, unnumbered paragraph
1, Code 2023, is amended to read as follows:
It is an unfair or discriminatory practice for any
educational institution to discriminate on the basis of
race, creed, color, sex, sexual orientation, gender identity,
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national origin, religion, or disability in any program or
activity. Such discriminatory practices shall include but not
be limited to the following practices:
Sec. 16. Section 216.9, subsection 2, Code 2023, is amended
to read as follows:
2. For the purpose of this section , “educational
institution” includes any preschool, elementary or secondary
school, community college, area education agency, or
postsecondary college or university and their governing boards.
This section does not prohibit an educational institution
from maintaining separate toilet facilities, locker rooms, or
living facilities for the different sexes so long as comparable
facilities are provided. Nothing in this section shall be
construed as prohibiting any bona fide religious institution
from imposing qualifications based on religion , or sexual
orientation , or gender identity when such qualifications are
related to a bona fide religious purpose or any institution
from admitting students of only one sex.
Sec. 17. Section 216.10, subsection 1, paragraphs a, b, and
c, Code 2023, are amended to read as follows:
a. Creditor to refuse to enter into a consumer credit
transaction or impose finance charges or other terms or
conditions more onerous than those regularly extended by that
creditor to consumers of similar economic backgrounds because
of age, color, creed, national origin, race, religion, marital
status, sex, sexual orientation, gender identity, physical
disability, or familial status.
b. Person authorized or licensed to do business in this
state pursuant to chapter 524 , 533 , 536 , or 536A to refuse
to loan or extend credit or to impose terms or conditions
more onerous than those regularly extended to persons of
similar economic backgrounds because of age, color, creed,
national origin, race, religion, marital status, sex, sexual
orientation, gender identity, physical disability, or familial
status.
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c. Creditor to refuse to offer credit life or health and
accident insurance because of color, creed, national origin,
race, religion, marital status, age, physical disability,
sex, sexual orientation, gender identity, or familial status.
Refusal by a creditor to offer credit life or health and
accident insurance based upon the age or physical disability of
the consumer shall not be an unfair or discriminatory practice
if such denial is based solely upon bona fide underwriting
considerations not prohibited by Title XIII, subtitle 1 .
Sec. 18. Section 216.12, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. Any bona fide religious institution with respect to
any qualifications it may impose based on religion , or sexual
orientation , or gender identity, when the qualifications are
related to a bona fide religious purpose , unless the religious
institution owns or operates property for a commercial purpose
or membership in the religion is restricted on account of race,
color, or national origin.
Sec. 19. Section 216.12A, Code 2023, is amended to read as
follows:
216.12A Additional housing exception.
Sections 216.8 and 216.8A do not prohibit a person engaged
in the business of furnishing appraisals of real estate from
taking into consideration factors other than race, color,
creed, sex, sexual orientation, gender identity, religion,
national origin, disability, or familial status in appraising
real estate.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill relates to gender under Code chapter 216, the Iowa
civil rights Act.
Under current law, Code chapter 216 prohibits discrimination
in employment, wages, public accommodations, housing,
education, and credit practices based upon certain
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characteristics of a person, including sex and gender
identity. A person who claims to be aggrieved by an unfair
or discriminatory practice prohibited by Code chapter 216 may
file a complaint with the Iowa civil rights commission. Code
chapter 216 defines “gender identity” as the gender-related
identity of a person, regardless of the person’s assigned sex
at birth. For purposes of Code chapter 216, the bill removes
gender identity as a protected class and defines “sex” to mean
a person’s biological sex as either male or female.
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