Bill Text: IA HF2164 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act removing gender identity as a protected class under the Iowa civil rights Act.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Introduced - Dead) 2020-01-29 - Introduced, referred to Judiciary. H.J. 155. [HF2164 Detail]
Download: Iowa-2019-HF2164-Introduced.html
House
File
2164
-
Introduced
HOUSE
FILE
2164
BY
FISHER
,
OSMUNDSON
,
BAXTER
,
GASSMAN
,
GERHOLD
,
THOMPSON
,
JENEARY
,
WHEELER
,
and
SALMON
A
BILL
FOR
An
Act
removing
gender
identity
as
a
protected
class
under
the
1
Iowa
civil
rights
Act.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
216.2,
subsection
10,
Code
2020,
is
1
amended
by
striking
the
subsection.
2
Sec.
2.
Section
216.5,
subsections
6
and
8,
Code
2020,
are
3
amended
to
read
as
follows:
4
6.
To
issue
such
publications
and
reports
of
investigations
5
and
research
as
in
the
judgment
of
the
commission
shall
tend
6
to
promote
goodwill
among
the
various
racial,
religious,
and
7
ethnic
groups
of
the
state
and
which
shall
tend
to
minimize
or
8
eliminate
discrimination
in
public
accommodations,
employment,
9
apprenticeship
and
on-the-job
training
programs,
vocational
10
schools,
career
and
technical
education
programs,
or
housing
11
because
of
race,
creed,
color,
sex,
sexual
orientation,
gender
12
identity,
national
origin,
religion,
ancestry,
or
disability.
13
8.
To
make
recommendations
to
the
general
assembly
for
14
such
further
legislation
concerning
discrimination
because
of
15
race,
creed,
color,
sex,
sexual
orientation,
gender
identity,
16
national
origin,
religion,
ancestry,
or
disability
as
it
may
17
deem
necessary
and
desirable.
18
Sec.
3.
Section
216.6,
subsection
1,
paragraphs
a,
b,
and
c,
19
Code
2020,
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
23
for
employment
or
any
employee
because
of
the
age,
race,
24
creed,
color,
sex,
sexual
orientation,
gender
identity,
25
national
origin,
religion,
or
disability
of
such
applicant
or
26
employee,
unless
based
upon
the
nature
of
the
occupation.
If
a
27
person
with
a
disability
is
qualified
to
perform
a
particular
28
occupation,
by
reason
of
training
or
experience,
the
nature
29
of
that
occupation
shall
not
be
the
basis
for
exception
to
30
the
unfair
or
discriminatory
practices
prohibited
by
this
31
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
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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,
or
disability
of
such
applicant
or
4
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
or
disability
are
unwelcome,
objectionable,
not
acceptable,
or
11
not
solicited
for
employment
or
membership
unless
based
on
the
12
nature
of
the
occupation.
13
(1)
If
a
person
with
a
disability
is
qualified
to
perform
a
14
particular
occupation
by
reason
of
training
or
experience,
the
15
nature
of
that
occupation
shall
not
be
the
basis
for
exception
16
to
the
unfair
or
discriminatory
practices
prohibited
by
this
17
subsection
.
18
(2)
An
employer,
employment
agency,
or
their
employees,
19
servants,
or
agents
may
offer
employment
or
advertise
for
20
employment
to
only
persons
with
disabilities,
when
other
21
applicants
have
available
to
them
other
employment
compatible
22
with
their
ability
which
would
not
be
available
to
persons
23
with
disabilities
because
of
their
disabilities.
Any
such
24
employment
or
offer
of
employment
shall
not
discriminate
among
25
persons
with
disabilities
on
the
basis
of
race,
color,
creed,
26
sex,
sexual
orientation,
gender
identity,
or
national
origin.
27
Sec.
4.
Section
216.6,
subsection
6,
paragraph
d,
Code
2020,
28
is
amended
to
read
as
follows:
29
d.
Any
bona
fide
religious
institution
or
its
educational
30
facility,
association,
corporation,
or
society
with
respect
31
to
any
qualifications
for
employment
based
on
religion
,
or
32
sexual
orientation
,
or
gender
identity
when
such
qualifications
33
are
related
to
a
bona
fide
religious
purpose.
A
religious
34
qualification
for
instructional
personnel
or
an
administrative
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officer,
serving
in
a
supervisory
capacity
of
a
bona
fide
1
religious
educational
facility
or
religious
institution,
shall
2
be
presumed
to
be
a
bona
fide
occupational
qualification.
3
Sec.
5.
Section
216.6A,
subsection
1,
paragraph
a,
4
unnumbered
paragraph
1,
Code
2020,
is
amended
to
read
as
5
follows:
6
The
general
assembly
finds
that
the
practice
of
7
discriminating
against
any
employee
because
of
the
age,
8
race,
creed,
color,
sex,
sexual
orientation,
gender
identity,
9
national
origin,
religion,
or
disability
of
such
employee
by
10
paying
wages
to
such
employee
at
a
rate
less
than
the
rate
paid
11
to
other
employees
does
all
of
the
following:
12
Sec.
6.
Section
216.6A,
subsection
1,
paragraph
b,
Code
13
2020,
is
amended
to
read
as
follows:
14
b.
The
general
assembly
declares
that
it
is
the
policy
15
of
this
state
to
correct
and,
as
rapidly
as
possible,
to
16
eliminate,
discriminatory
wage
practices
based
on
age,
race,
17
creed,
color,
sex,
sexual
orientation,
gender
identity,
18
national
origin,
religion,
and
disability.
19
Sec.
7.
Section
216.6A,
subsection
2,
paragraph
a,
Code
20
2020,
is
amended
to
read
as
follows:
21
a.
It
shall
be
an
unfair
or
discriminatory
practice
for
any
22
employer
or
agent
of
any
employer
to
discriminate
against
any
23
employee
because
of
the
age,
race,
creed,
color,
sex,
sexual
24
orientation,
gender
identity,
national
origin,
religion,
or
25
disability
of
such
employee
by
paying
wages
to
such
employee
26
at
a
rate
less
than
the
rate
paid
to
other
employees
who
are
27
employed
within
the
same
establishment
for
equal
work
on
jobs,
28
the
performance
of
which
requires
equal
skill,
effort,
and
29
responsibility,
and
which
are
performed
under
similar
working
30
conditions.
An
employer
or
agent
of
an
employer
who
is
paying
31
wages
to
an
employee
at
a
rate
less
than
the
rate
paid
to
other
32
employees
in
violation
of
this
section
shall
not
remedy
the
33
violation
by
reducing
the
wage
rate
of
any
employee.
34
Sec.
8.
Section
216.6A,
subsection
3,
paragraph
d,
Code
35
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2020,
is
amended
to
read
as
follows:
1
d.
Pay
differential
is
based
on
any
other
factor
other
than
2
the
age,
race,
creed,
color,
sex,
sexual
orientation,
gender
3
identity,
national
origin,
religion,
or
disability
of
such
4
employee.
5
Sec.
9.
Section
216.7,
subsection
1,
paragraphs
a
and
b,
6
Code
2020,
are
amended
to
read
as
follows:
7
a.
To
refuse
or
deny
to
any
person
because
of
race,
8
creed,
color,
sex,
sexual
orientation,
gender
identity,
9
national
origin,
religion,
or
disability
the
accommodations,
10
advantages,
facilities,
services,
or
privileges
thereof,
11
or
otherwise
to
discriminate
against
any
person
because
of
12
race,
creed,
color,
sex,
sexual
orientation,
gender
identity,
13
national
origin,
religion,
or
disability
in
the
furnishing
14
of
such
accommodations,
advantages,
facilities,
services,
or
15
privileges.
16
b.
To
directly
or
indirectly
advertise
or
in
any
other
17
manner
indicate
or
publicize
that
the
patronage
of
persons
of
18
any
particular
race,
creed,
color,
sex,
sexual
orientation,
19
gender
identity,
national
origin,
religion,
or
disability
is
20
unwelcome,
objectionable,
not
acceptable,
or
not
solicited.
21
Sec.
10.
Section
216.7,
subsection
2,
paragraph
a,
Code
22
2020,
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
,
or
25
sexual
orientation
,
or
gender
identity
when
such
qualifications
26
are
related
to
a
bona
fide
religious
purpose.
27
Sec.
11.
Section
216.8,
subsection
1,
paragraphs
a,
b,
c,
28
and
d,
Code
2020,
are
amended
to
read
as
follows:
29
a.
To
refuse
to
sell,
rent,
lease,
assign,
sublease,
refuse
30
to
negotiate,
or
to
otherwise
make
unavailable,
or
deny
any
31
real
property
or
housing
accommodation
or
part,
portion,
or
32
interest
therein,
to
any
person
because
of
the
race,
color,
33
creed,
sex,
sexual
orientation,
gender
identity,
religion,
34
national
origin,
disability,
or
familial
status
of
such
person.
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b.
To
discriminate
against
any
person
because
of
the
1
person’s
race,
color,
creed,
sex,
sexual
orientation,
gender
2
identity,
religion,
national
origin,
disability,
or
familial
3
status,
in
the
terms,
conditions,
or
privileges
of
the
sale,
4
rental,
lease
assignment,
or
sublease
of
any
real
property
or
5
housing
accommodation
or
any
part,
portion,
or
interest
in
the
6
real
property
or
housing
accommodation
or
in
the
provision
of
7
services
or
facilities
in
connection
with
the
real
property
or
8
housing
accommodation.
9
c.
To
directly
or
indirectly
advertise,
or
in
any
other
10
manner
indicate
or
publicize
that
the
purchase,
rental,
11
lease,
assignment,
or
sublease
of
any
real
property
or
housing
12
accommodation
or
any
part,
portion,
or
interest
therein,
by
13
persons
of
any
particular
race,
color,
creed,
sex,
sexual
14
orientation,
gender
identity,
religion,
national
origin,
15
disability,
or
familial
status
is
unwelcome,
objectionable,
not
16
acceptable,
or
not
solicited.
17
d.
To
discriminate
against
the
lessee
or
purchaser
of
any
18
real
property
or
housing
accommodation
or
part,
portion,
or
19
interest
of
the
real
property
or
housing
accommodation,
or
20
against
any
prospective
lessee
or
purchaser
of
the
property
or
21
accommodation,
because
of
the
race,
color,
creed,
religion,
22
sex,
sexual
orientation,
gender
identity,
disability,
age,
or
23
national
origin
of
persons
who
may
from
time
to
time
be
present
24
in
or
on
the
lessee’s
or
owner’s
premises
for
lawful
purposes
25
at
the
invitation
of
the
lessee
or
owner
as
friends,
guests,
26
visitors,
relatives,
or
in
any
similar
capacity.
27
Sec.
12.
Section
216.8A,
subsections
1,
2,
and
5,
Code
2020,
28
are
amended
to
read
as
follows:
29
1.
A
person
shall
not
induce
or
attempt
to
induce
another
30
person
to
sell
or
rent
a
dwelling
by
representations
regarding
31
the
entry
or
prospective
entry
into
a
neighborhood
of
a
person
32
of
a
particular
race,
color,
creed,
sex,
sexual
orientation,
33
gender
identity,
religion,
national
origin,
disability,
or
34
familial
status.
35
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2.
A
person
shall
not
represent
to
a
person
of
a
particular
1
race,
color,
creed,
sex,
sexual
orientation,
gender
identity,
2
religion,
national
origin,
disability,
or
familial
status
that
3
a
dwelling
is
not
available
for
inspection,
sale,
or
rental
4
when
the
dwelling
is
available
for
inspection,
sale,
or
rental.
5
5.
A
person
shall
not
deny
another
person
access
to,
6
or
membership
or
participation
in,
a
multiple-listing
7
service,
real
estate
brokers’
organization
or
other
service,
8
organization,
or
facility
relating
to
the
business
of
selling
9
or
renting
dwellings,
or
discriminate
against
a
person
in
10
terms
or
conditions
of
access,
membership,
or
participation
in
11
such
organization
because
of
race,
color,
creed,
sex,
sexual
12
orientation,
gender
identity,
religion,
national
origin,
13
disability,
or
familial
status.
14
Sec.
13.
Section
216.8A,
subsection
4,
paragraph
a,
Code
15
2020,
is
amended
to
read
as
follows:
16
a.
A
person
whose
business
includes
engaging
in
residential
17
real
estate
related
transactions
shall
not
discriminate
18
against
a
person
in
making
a
residential
real
estate
19
related
transaction
available
or
in
terms
or
conditions
of
20
a
residential
real
estate
related
transaction
because
of
21
race,
color,
creed,
sex,
sexual
orientation,
gender
identity,
22
religion,
national
origin,
disability,
or
familial
status.
23
Sec.
14.
Section
216.9,
subsection
1,
unnumbered
paragraph
24
1,
Code
2020,
is
amended
to
read
as
follows:
25
It
is
an
unfair
or
discriminatory
practice
for
any
26
educational
institution
to
discriminate
on
the
basis
of
27
race,
creed,
color,
sex,
sexual
orientation,
gender
identity,
28
national
origin,
religion,
or
disability
in
any
program
or
29
activity.
Such
discriminatory
practices
shall
include
but
not
30
be
limited
to
the
following
practices:
31
Sec.
15.
Section
216.9,
subsection
2,
Code
2020,
is
amended
32
to
read
as
follows:
33
2.
For
the
purpose
of
this
section
,
“educational
34
institution”
includes
any
preschool,
elementary
or
secondary
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school,
community
college,
area
education
agency,
or
1
postsecondary
college
or
university
and
their
governing
boards.
2
This
section
does
not
prohibit
an
educational
institution
3
from
maintaining
separate
toilet
facilities,
locker
rooms,
or
4
living
facilities
for
the
different
sexes
so
long
as
comparable
5
facilities
are
provided.
Nothing
in
this
section
shall
be
6
construed
as
prohibiting
any
bona
fide
religious
institution
7
from
imposing
qualifications
based
on
religion
,
or
sexual
8
orientation
,
or
gender
identity
when
such
qualifications
are
9
related
to
a
bona
fide
religious
purpose
or
any
institution
10
from
admitting
students
of
only
one
sex.
11
Sec.
16.
Section
216.10,
subsection
1,
paragraphs
a,
b,
and
12
c,
Code
2020,
are
amended
to
read
as
follows:
13
a.
Creditor
to
refuse
to
enter
into
a
consumer
credit
14
transaction
or
impose
finance
charges
or
other
terms
or
15
conditions
more
onerous
than
those
regularly
extended
by
that
16
creditor
to
consumers
of
similar
economic
backgrounds
because
17
of
age,
color,
creed,
national
origin,
race,
religion,
marital
18
status,
sex,
sexual
orientation,
gender
identity,
physical
19
disability,
or
familial
status.
20
b.
Person
authorized
or
licensed
to
do
business
in
this
21
state
pursuant
to
chapter
524
,
533
,
536
,
or
536A
to
refuse
22
to
loan
or
extend
credit
or
to
impose
terms
or
conditions
23
more
onerous
than
those
regularly
extended
to
persons
of
24
similar
economic
backgrounds
because
of
age,
color,
creed,
25
national
origin,
race,
religion,
marital
status,
sex,
sexual
26
orientation,
gender
identity,
physical
disability,
or
familial
27
status.
28
c.
Creditor
to
refuse
to
offer
credit
life
or
health
and
29
accident
insurance
because
of
color,
creed,
national
origin,
30
race,
religion,
marital
status,
age,
physical
disability,
31
sex,
sexual
orientation,
gender
identity,
or
familial
status.
32
Refusal
by
a
creditor
to
offer
credit
life
or
health
and
33
accident
insurance
based
upon
the
age
or
physical
disability
of
34
the
consumer
shall
not
be
an
unfair
or
discriminatory
practice
35
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if
such
denial
is
based
solely
upon
bona
fide
underwriting
1
considerations
not
prohibited
by
Title
XIII,
subtitle
1
.
2
Sec.
17.
Section
216.12,
subsection
1,
paragraph
a,
Code
3
2020,
is
amended
to
read
as
follows:
4
a.
Any
bona
fide
religious
institution
with
respect
to
5
any
qualifications
it
may
impose
based
on
religion
,
or
sexual
6
orientation,
or
gender
identity,
when
the
qualifications
are
7
related
to
a
bona
fide
religious
purpose
unless
the
religious
8
institution
owns
or
operates
property
for
a
commercial
purpose
9
or
membership
in
the
religion
is
restricted
on
account
of
race,
10
color,
or
national
origin.
11
Sec.
18.
Section
216.12A,
Code
2020,
is
amended
to
read
as
12
follows:
13
216.12A
Additional
housing
exception.
14
Sections
216.8
and
216.8A
do
not
prohibit
a
person
engaged
15
in
the
business
of
furnishing
appraisals
of
real
estate
from
16
taking
into
consideration
factors
other
than
race,
color,
17
creed,
sex,
sexual
orientation,
gender
identity,
religion,
18
national
origin,
disability,
or
familial
status
in
appraising
19
real
estate.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
removes
gender
identity
as
a
protected
class
under
24
Code
chapter
216,
the
Iowa
civil
rights
Act.
25
Under
current
law,
Code
chapter
216
prohibits
discrimination
26
in
employment,
wages,
public
accommodations,
housing,
27
education,
and
credit
practices
based
upon
certain
28
characteristics
of
a
person,
including
gender
identity.
29
A
person
who
claims
to
be
aggrieved
by
an
unfair
or
30
discriminatory
practice
prohibited
by
Code
chapter
216
may
31
file
a
complaint
with
the
Iowa
civil
rights
commission.
Code
32
chapter
216
defines
“gender
identity”
as
the
gender-related
33
identity
of
a
person,
regardless
of
the
person’s
assigned
sex
34
at
birth.
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