Bill Text: IA HF2141 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act relating to the Iowa civil rights Act and discrimination based upon a person's political beliefs or immunization status, and making penalties applicable.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2022-01-28 - Introduced, referred to Judiciary. H.J. 141. [HF2141 Detail]

Download: Iowa-2021-HF2141-Introduced.html
House File 2141 - Introduced HOUSE FILE 2141 BY ANDREWS , BACON , WESTRICH , GERHOLD , MOMMSEN , BODEN , and JACOBSEN A BILL FOR An Act relating to the Iowa civil rights Act and discrimination 1 based upon a person’s political beliefs or immunization 2 status, and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5806YH (3) 89 cm/jh
H.F. 2141 Section 1. Section 216.5, subsections 6 and 8, Code 2022, 1 are amended to read as follows: 2 6. To issue such publications and reports of investigations 3 and research as in the judgment of the commission shall tend 4 to promote goodwill among the various racial, religious, and 5 ethnic groups of the state and which shall tend to minimize or 6 eliminate discrimination in public accommodations, employment, 7 apprenticeship and on-the-job training programs, vocational 8 schools, career and technical education programs, or housing 9 because of race, creed, color, sex, sexual orientation, gender 10 identity, national origin, religion, ancestry, political 11 belief, immunization status, or disability. 12 8. To make recommendations to the general assembly for 13 such further legislation concerning discrimination because of 14 race, creed, color, sex, sexual orientation, gender identity, 15 national origin, religion, ancestry, political belief, 16 immunization status, or disability as it may deem necessary and 17 desirable. 18 Sec. 2. Section 216.6, subsection 1, paragraphs a, b, and c, 19 Code 2022, are amended to read as follows: 20 a. Person to refuse to hire, accept, register, classify, 21 or refer for employment, to discharge any employee, or to 22 otherwise discriminate in employment against any applicant for 23 employment or any employee because of the age, race, creed, 24 color, sex, sexual orientation, gender identity, national 25 origin, religion, political belief, immunization status, or 26 disability of such applicant or employee, unless based upon 27 the nature of the occupation. If a person with a disability 28 is qualified to perform a particular occupation, by reason of 29 training or experience, the nature of that occupation shall 30 not be the basis for exception to the unfair or discriminatory 31 practices prohibited by this subsection . 32 b. Labor organization or the employees, agents, or members 33 thereof to refuse to admit to membership any applicant, to 34 expel any member, or to otherwise discriminate against any 35 -1- LSB 5806YH (3) 89 cm/jh 1/ 13
H.F. 2141 applicant for membership or any member in the privileges, 1 rights, or benefits of such membership because of the age, 2 race, creed, color, sex, sexual orientation, gender identity, 3 national origin, religion, political belief, immunization 4 status, or disability of such applicant or member. 5 c. Employer, employment agency, labor organization, or the 6 employees, agents, or members thereof to directly or indirectly 7 advertise or in any other manner indicate or publicize that 8 individuals of any particular age, race, creed, color, sex, 9 sexual orientation, gender identity, national origin, religion, 10 political belief, immunization status, or disability are 11 unwelcome, objectionable, not acceptable, or not solicited for 12 employment or membership unless based on the nature of the 13 occupation. 14 (1) If a person with a disability is qualified to perform a 15 particular occupation by reason of training or experience, the 16 nature of that occupation shall not be the basis for exception 17 to the unfair or discriminatory practices prohibited by this 18 subsection . 19 (2) An employer, employment agency, or their employees, 20 servants, or agents may offer employment or advertise for 21 employment to only persons with disabilities, when other 22 applicants have available to them other employment compatible 23 with their ability which would not be available to persons 24 with disabilities because of their disabilities. Any such 25 employment or offer of employment shall not discriminate among 26 persons with disabilities on the basis of race, color, creed, 27 sex, sexual orientation, gender identity, political belief, 28 immunization status, or national origin. 29 Sec. 3. Section 216.6, subsection 6, paragraph d, Code 2022, 30 is amended to read as follows: 31 d. Any bona fide religious institution or its educational 32 facility, association, corporation, or society with respect 33 to any qualifications for employment based on religion, 34 sexual orientation, political belief, immunization status, 35 -2- LSB 5806YH (3) 89 cm/jh 2/ 13
H.F. 2141 or gender identity when such qualifications are related to a 1 bona fide religious purpose. A religious qualification for 2 instructional personnel or an administrative officer, serving 3 in a supervisory capacity of a bona fide religious educational 4 facility or religious institution, shall be presumed to be a 5 bona fide occupational qualification. 6 Sec. 4. Section 216.6A, Code 2022, is amended to read as 7 follows: 8 216.6A Additional unfair or discriminatory practice —— wage 9 discrimination in employment. 10 1. a. The general assembly finds that the practice of 11 discriminating against any employee because of the age, 12 race, creed, color, sex, sexual orientation, gender identity, 13 national origin, religion, political belief, immunization 14 status, or disability of such employee by paying wages to such 15 employee at a rate less than the rate paid to other employees 16 does all of the following: 17 (1) Unjustly discriminates against the person receiving the 18 lesser rate. 19 (2) Leads to low employee morale, high turnover, and 20 frequent labor unrest. 21 (3) Discourages employees paid at lesser wage rates from 22 training for higher level jobs. 23 (4) Curtails employment opportunities, decreases employees’ 24 mobility, and increases labor costs. 25 (5) Impairs purchasing power and threatens the maintenance 26 of an adequate standard of living by such employees and their 27 families. 28 (6) Prevents optimum utilization of the state’s available 29 labor resources. 30 (7) Threatens the well-being of citizens of this state and 31 adversely affects the general welfare. 32 b. The general assembly declares that it is the policy 33 of this state to correct and, as rapidly as possible, to 34 eliminate, discriminatory wage practices based on age, race, 35 -3- LSB 5806YH (3) 89 cm/jh 3/ 13
H.F. 2141 creed, color, sex, sexual orientation, gender identity, 1 national origin, religion, political belief, immunization 2 status, and disability. 3 2. a. It shall be an unfair or discriminatory practice for 4 any employer or agent of any employer to discriminate against 5 any employee because of the age, race, creed, color, sex, 6 sexual orientation, gender identity, national origin, religion, 7 political belief, immunization status, or disability of such 8 employee by paying wages to such employee at a rate less than 9 the rate paid to other employees who are employed within the 10 same establishment for equal work on jobs, the performance 11 of which requires equal skill, effort, and responsibility, 12 and which are performed under similar working conditions. An 13 employer or agent of an employer who is paying wages to an 14 employee at a rate less than the rate paid to other employees 15 in violation of this section shall not remedy the violation by 16 reducing the wage rate of any employee. 17 b. For purposes of this subsection , an unfair or 18 discriminatory practice occurs when a discriminatory pay 19 decision or other practice is adopted, when an individual 20 becomes subject to a discriminatory pay decision or other 21 practice, or when an individual is affected by application of a 22 discriminatory pay decision or other practice, including each 23 time wages, benefits, or other compensation is paid, resulting 24 in whole or in part from such a decision or other practice. 25 3. It shall be an affirmative defense to a claim arising 26 under this section if any of the following applies: 27 a. Payment of wages is made pursuant to a seniority system. 28 b. Payment of wages is made pursuant to a merit system. 29 c. Payment of wages is made pursuant to a system which 30 measures earnings by quantity or quality of production. 31 d. Pay differential is based on any other factor other 32 than the age, race, creed, color, sex, sexual orientation, 33 gender identity, national origin, religion, political belief, 34 immunization status, or disability of such employee. 35 -4- LSB 5806YH (3) 89 cm/jh 4/ 13
H.F. 2141 4. This section shall not apply to any employer who 1 regularly employs less than four individuals. For purposes of 2 this subsection , individuals who are members of the employer’s 3 family shall not be counted as employees. 4 Sec. 5. Section 216.7, subsection 1, paragraphs a and b, 5 Code 2022, are amended to read as follows: 6 a. To refuse or deny to any person because of race, creed, 7 color, sex, sexual orientation, gender identity, national 8 origin, religion, or disability the accommodations, advantages, 9 facilities, services, or privileges thereof, or otherwise to 10 discriminate against any person because of race, creed, color, 11 sex, sexual orientation, gender identity, national origin, 12 religion, political belief, immunization status, or disability 13 in the furnishing of such accommodations, advantages, 14 facilities, services, or privileges. 15 b. To directly or indirectly advertise or in any other 16 manner indicate or publicize that the patronage of persons of 17 any particular race, creed, color, sex, sexual orientation, 18 gender identity, national origin, religion, political belief, 19 immunization status, or disability is unwelcome, objectionable, 20 not acceptable, or not solicited. 21 Sec. 6. Section 216.7, subsection 2, paragraph a, Code 2022, 22 is amended to read as follows: 23 a. Any bona fide religious institution with respect to any 24 qualifications the institution may impose based on religion, 25 sexual orientation, political belief, immunization status, or 26 gender identity when such qualifications are related to a bona 27 fide religious purpose. 28 Sec. 7. Section 216.8, subsection 1, paragraphs a, b, c, and 29 d, Code 2022, are amended to read as follows: 30 a. To refuse to sell, rent, lease, assign, sublease, refuse 31 to negotiate, or to otherwise make unavailable, or deny any 32 real property or housing accommodation or part, portion, or 33 interest therein, to any person because of the race, color, 34 creed, sex, sexual orientation, gender identity, religion, 35 -5- LSB 5806YH (3) 89 cm/jh 5/ 13
H.F. 2141 national origin, disability, political belief, immunization 1 status, or familial status of such person. 2 b. To discriminate against any person because of the 3 person’s race, color, creed, sex, sexual orientation, gender 4 identity, religion, national origin, disability, political 5 belief, immunization status, or familial status, in the 6 terms, conditions, or privileges of the sale, rental, lease 7 assignment, or sublease of any real property or housing 8 accommodation or any part, portion, or interest in the real 9 property or housing accommodation or in the provision of 10 services or facilities in connection with the real property or 11 housing accommodation. 12 c. To directly or indirectly advertise, or in any other 13 manner indicate or publicize that the purchase, rental, 14 lease, assignment, or sublease of any real property or housing 15 accommodation or any part, portion, or interest therein, by 16 persons of any particular race, color, creed, sex, sexual 17 orientation, gender identity, religion, national origin, 18 disability, political belief, immunization status, or familial 19 status is unwelcome, objectionable, not acceptable, or not 20 solicited. 21 d. To discriminate against the lessee or purchaser of any 22 real property or housing accommodation or part, portion, or 23 interest of the real property or housing accommodation, or 24 against any prospective lessee or purchaser of the property or 25 accommodation, because of the race, color, creed, religion, 26 sex, sexual orientation, gender identity, disability, age, 27 political belief, immunization status, or national origin 28 of persons who may from time to time be present in or on 29 the lessee’s or owner’s premises for lawful purposes at the 30 invitation of the lessee or owner as friends, guests, visitors, 31 relatives, or in any similar capacity. 32 Sec. 8. Section 216.8A, subsections 1 and 2, Code 2022, are 33 amended to read as follows: 34 1. A person shall not induce or attempt to induce another 35 -6- LSB 5806YH (3) 89 cm/jh 6/ 13
H.F. 2141 person to sell or rent a dwelling by representations regarding 1 the entry or prospective entry into a neighborhood of a person 2 of a particular race, color, creed, sex, sexual orientation, 3 gender identity, religion, national origin, disability, 4 political belief, immunization status, or familial status. 5 2. A person shall not represent to a person of a particular 6 race, color, creed, sex, sexual orientation, gender identity, 7 religion, national origin, disability, political belief, 8 immunization status, or familial status that a dwelling is not 9 available for inspection, sale, or rental when the dwelling is 10 available for inspection, sale, or rental. 11 Sec. 9. Section 216.8A, subsection 4, paragraph a, Code 12 2022, is amended to read as follows: 13 a. A person whose business includes engaging in residential 14 real estate related transactions shall not discriminate 15 against a person in making a residential real estate 16 related transaction available or in terms or conditions of 17 a residential real estate related transaction because of 18 race, color, creed, sex, sexual orientation, gender identity, 19 religion, national origin, disability, political belief, 20 immunization status, or familial status. 21 Sec. 10. Section 216.8A, subsection 5, Code 2022, is amended 22 to read as follows: 23 5. A person shall not deny another person access to, 24 or membership or participation in, a multiple-listing 25 service, real estate brokers’ organization or other service, 26 organization, or facility relating to the business of selling 27 or renting dwellings, or discriminate against a person in 28 terms or conditions of access, membership, or participation in 29 such organization because of race, color, creed, sex, sexual 30 orientation, gender identity, religion, national origin, 31 disability, political belief, immunization status, or familial 32 status. 33 Sec. 11. Section 216.9, subsection 1, unnumbered paragraph 34 1, Code 2022, is amended to read as follows: 35 -7- LSB 5806YH (3) 89 cm/jh 7/ 13
H.F. 2141 It is an unfair or discriminatory practice for any 1 educational institution to discriminate on the basis of 2 race, creed, color, sex, sexual orientation, gender identity, 3 national origin, religion, political belief, immunization 4 status, or disability in any program or activity. Such 5 discriminatory practices shall include but not be limited to 6 the following practices: 7 Sec. 12. Section 216.10, subsection 1, paragraphs a, b, and 8 c, Code 2022, are amended to read as follows: 9 a. Creditor to refuse to enter into a consumer credit 10 transaction or impose finance charges or other terms or 11 conditions more onerous than those regularly extended by that 12 creditor to consumers of similar economic backgrounds because 13 of age, color, creed, national origin, race, religion, marital 14 status, sex, sexual orientation, gender identity, physical 15 disability, political belief, immunization status, or familial 16 status. 17 b. Person authorized or licensed to do business in this 18 state pursuant to chapter 524 , 533 , 536 , or 536A to refuse 19 to loan or extend credit or to impose terms or conditions 20 more onerous than those regularly extended to persons of 21 similar economic backgrounds because of age, color, creed, 22 national origin, race, religion, marital status, sex, sexual 23 orientation, gender identity, physical disability, political 24 belief, immunization status, or familial status. 25 c. Creditor to refuse to offer credit life or health and 26 accident insurance because of color, creed, national origin, 27 race, religion, marital status, age, physical disability, 28 sex, sexual orientation, gender identity, political belief, 29 immunization status, or familial status. Refusal by a creditor 30 to offer credit life or health and accident insurance based 31 upon the age or physical disability of the consumer shall not 32 be an unfair or discriminatory practice if such denial is 33 based solely upon bona fide underwriting considerations not 34 prohibited by Title XIII, subtitle 1 . 35 -8- LSB 5806YH (3) 89 cm/jh 8/ 13
H.F. 2141 Sec. 13. Section 216.12, subsection 1, paragraph a, Code 1 2022, is amended to read as follows: 2 a. Any bona fide religious institution with respect to 3 any qualifications it may impose based on religion, sexual 4 orientation, political belief, immunization status, or gender 5 identity, when the qualifications are related to a bona fide 6 religious purpose unless the religious institution owns or 7 operates property for a commercial purpose or membership in the 8 religion is restricted on account of race, color, or national 9 origin. 10 Sec. 14. Section 216.12A, Code 2022, is amended to read as 11 follows: 12 216.12A Additional housing exception. 13 Sections 216.8 and 216.8A do not prohibit a person engaged 14 in the business of furnishing appraisals of real estate from 15 taking into consideration factors other than race, color, 16 creed, sex, sexual orientation, gender identity, religion, 17 national origin, disability, political belief, immunization 18 status, or familial status in appraising real estate. 19 Sec. 15. Section 256.27, subsection 1, Code 2022, is amended 20 to read as follows: 21 1. The department shall provide for the operation of an 22 online state job posting system. The system shall be designed 23 and implemented for the online posting of job openings offered 24 by school districts, charter schools, area education agencies, 25 the department, and accredited nonpublic schools. The system 26 shall be accessible via the department’s internet site. The 27 system shall include a mechanism for the electronic submission 28 of job openings for posting on the system as provided in 29 subsection 2 . The system and each job posting on the system 30 shall include a statement that an employer submitting a job 31 opening for posting on the system will not discriminate in 32 hiring on the basis of race, ethnicity, national origin, 33 gender, age, physical disability, sexual orientation, 34 gender identity, religion, marital status, political belief, 35 -9- LSB 5806YH (3) 89 cm/jh 9/ 13
H.F. 2141 immunization status, or status as a veteran. The department 1 may contract for, or partner with another entity for, the use 2 of an existing internet site to operate the online state job 3 posting system if the existing internet site is more effective 4 and economical than the department’s internet site. 5 Sec. 16. Section 256E.7, subsection 2, paragraph a, Code 6 2022, is amended to read as follows: 7 a. Meet all applicable federal, state, and local health 8 and safety requirements and laws prohibiting discrimination 9 on the basis of race, creed, color, sex, sexual orientation, 10 gender identity, national origin, religion, ancestry, political 11 belief, immunization status, or disability. If approved under 12 section 256E.4 , the charter school shall be subject to any 13 court-ordered desegregation in effect for the school district 14 at the time the charter school application is approved, unless 15 otherwise specifically provided for in the desegregation order. 16 Sec. 17. Section 256F.4, subsection 2, paragraph a, Code 17 2022, is amended to read as follows: 18 a. Meet all applicable federal, state, and local health 19 and safety requirements and laws prohibiting discrimination 20 on the basis of race, creed, color, sex, sexual orientation, 21 gender identity, national origin, religion, ancestry, political 22 belief, immunization status, or disability. A charter school 23 or innovation zone school located within the boundaries of a 24 school district subject to court-ordered desegregation at the 25 time the charter school or innovation zone school application 26 is approved shall be subject to the desegregation order unless 27 otherwise specifically provided for in the desegregation order. 28 Sec. 18. Section 261A.4, subsection 12, paragraph d, Code 29 2022, is amended to read as follows: 30 d. Does not discriminate in the admission of students on 31 the basis of age, race, creed, color, sex, national origin, 32 religion, political belief, immunization status, or disability. 33 Sec. 19. Section 280.3, subsection 2, Code 2022, is amended 34 to read as follows: 35 -10- LSB 5806YH (3) 89 cm/jh 10/ 13
H.F. 2141 2. The minimum educational program shall be the curriculum 1 set forth in section 256.11 , except as otherwise provided by 2 law. The board of directors of a public school district shall 3 not allow discrimination in any educational program on the 4 basis of race, color, creed, sex, marital status, political 5 belief, immunization status, or place of national origin. 6 Sec. 20. Section 280.28, subsection 2, paragraph c, Code 7 2022, is amended to read as follows: 8 c. “Trait or characteristic of the student” includes but 9 is not limited to age, color, creed, national origin, race, 10 religion, marital status, sex, sexual orientation, gender 11 identity, physical attributes, physical or mental ability or 12 disability, ancestry, political party preference or belief , 13 political belief, socioeconomic status, immunization status, 14 or familial status. 15 Sec. 21. Section 341A.18, subsection 1, Code 2022, is 16 amended to read as follows: 17 1. A person shall not be appointed or promoted to, or 18 demoted or discharged from, any position subject to civil 19 service, or in any way favored or discriminated against with 20 respect to employment in the sheriff’s office because of the 21 person’s political or religious opinions or affiliations or 22 race or national origin or sex, or age , or immunization status . 23 Sec. 22. Section 523H.5, subsection 8, Code 2022, is amended 24 to read as follows: 25 8. A franchisor shall not discriminate against a proposed 26 transferee of a franchise on the basis of race, color, national 27 origin, religion, sex, political belief, immunization status, 28 or disability. 29 Sec. 23. Section 602.1401, subsection 1, Code 2022, is 30 amended to read as follows: 31 1. The supreme court shall establish, and may amend, 32 a personnel system and a pay and benefits plan for court 33 employees. The personnel system shall include a designation 34 by position title, classification, and function of each 35 -11- LSB 5806YH (3) 89 cm/jh 11/ 13
H.F. 2141 position or class of positions within the judicial branch. 1 Reasonable efforts shall be made to accommodate the individual 2 staffing and management practices of the respective clerks of 3 the district court. The personnel system, in the employment 4 of court employees, shall not discriminate on the basis of 5 race, creed, color, sex, national origin, religion, physical 6 disability, immunization status, or political party preference 7 or belief . The supreme court, in establishing the personnel 8 system, shall implement the comparable worth directives issued 9 by the state court administrator under section 602.1204, 10 subsection 2 . The personnel system shall include the 11 prohibitions against sexual harassment of full-time, part-time, 12 and temporary employees set out in section 19B.12 , and shall 13 include a grievance procedure for discriminatory harassment. 14 The personnel system shall develop and distribute at the time 15 of hiring or orientation, a guide that describes for employees 16 the applicable sexual harassment prohibitions and grievance, 17 violation, and disposition procedures. This subsection does 18 not supersede the remedies provided under chapter 216 . 19 Sec. 24. Section 729.4, subsections 1 and 2, Code 2022, are 20 amended to read as follows: 21 1. Every person in this state is entitled to the opportunity 22 for employment on equal terms with every other person. A 23 person or employer shall not discriminate in the employment of 24 individuals because of race, religion, color, sex, national 25 origin, political belief, immunization status, or ancestry. 26 However, as to employment an individual must be qualified to 27 perform the services or work required. 28 2. A labor union or organization or an officer thereof 29 shall not discriminate against any person as to membership 30 therein because of race, religion, color, sex, national origin , 31 political belief, immunization status, or ancestry. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -12- LSB 5806YH (3) 89 cm/jh 12/ 13
H.F. 2141 This bill prohibits discriminatory practices relating to 1 employment, public accommodations, housing, education, and 2 credit practices based upon a person’s political beliefs 3 or immunization status. However, the bill does allow for 4 the imposition of qualifications by bona fide religious 5 institutions based upon political belief or immunization status 6 if related to a bona fide religious purpose. 7 The bill prohibits discrimination relating to employment 8 opportunity and membership to a labor union or organization 9 based upon a person’s political belief or immunization status. 10 Any person who violates this provision of the bill is guilty of 11 a simple misdemeanor. A simple misdemeanor is punishable by 12 confinement for no more than 30 days and a fine of at least $105 13 but not more than $855. 14 -13- LSB 5806YH (3) 89 cm/jh 13/ 13
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