Bill Text: IA HF2165 | 2015-2016 | 86th General Assembly | Introduced


Bill Title: A bill for an act to require employers to provide reasonable accommodations to employees based on pregnancy or childbirth and making penalties applicable.

Sponsorship: Partisan Bill (Democrat 16)

Status: (Introduced - Dead) 2016-02-04 - Subcommittee, Fry, Finkenauer, and Sexton. H.J. 172. [HF2165 Detail]

Download: Iowa-2015-HF2165-Introduced.html
House File 2165 - Introduced




                                 HOUSE FILE       
                                 BY  ANDERSON, McCONKEY,
                                     MASCHER, KEARNS,
                                     STAED, WOLFE, HANSON,
                                     OLSON, HUNTER,
                                     FINKENAUER, LENSING,
                                     BENNETT, GASKILL,
                                     SMITH, STECKMAN, and
                                     HALL

                                      A BILL FOR

  1 An Act to require employers to provide reasonable
  2    accommodations to employees based on pregnancy or childbirth
  3    and making penalties applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5517HH (3) 86
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PAG LIN



  1  1    Section 1.  Section 216.6, subsection 2, Code 2016, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  f.  (1)  An employer shall provide reasonable
  1  4 accommodations to an employee based on medical conditions
  1  5 related to the employee's pregnancy or childbirth if the
  1  6 employee so requests with the advice of the employee's health
  1  7 care provider.
  1  8    (2)  An employer shall not discriminate against an employee
  1  9 due to the employee's need for reasonable accommodation for
  1 10 a medical condition related to the employee's pregnancy or
  1 11 childbirth. Actions constituting prohibited discrimination
  1 12 under this subparagraph include but are not limited to
  1 13 reassigning an employee to avoid making job modifications,
  1 14 retaliating against an employee for requesting a reasonable
  1 15 accommodation, and requiring an employee to take paid or unpaid
  1 16 leave when a reasonable accommodation would allow the employee
  1 17 to continue to work.
  1 18    (3)  For purposes of this lettered paragraph "f", "reasonable
  1 19 accommodations" means actions which would permit an employee
  1 20 with a medical condition relating to the employee's pregnancy
  1 21 or childbirth to perform in a reasonable manner the activities
  1 22 involved in the employee's specific occupation and include but
  1 23 are not limited to the provision of an accessible worksite,
  1 24 acquisition or modification of equipment, job restructuring,
  1 25 and a modified work schedule.  "Reasonable accommodations" does
  1 26 not mean any action that would impose an undue hardship on the
  1 27 business of the employer from whom the action is requested.
  1 28                           EXPLANATION
  1 29 The inclusion of this explanation does not constitute agreement with
  1 30 the explanation's substance by the members of the general assembly.
  1 31    This bill requires an employer to provide reasonable
  1 32 accommodations to an employee based on medical conditions
  1 33 related to the employee's pregnancy or childbirth if the
  1 34 employee requests reasonable accommodations with the advice
  1 35 of the employee's health care provider.  Penalty provisions
  2  1 for discriminatory employment practices are made applicable
  2  2 to a failure to provide such reasonable accommodations to an
  2  3 employee.
  2  4    The bill prohibits an employer from discriminating
  2  5 against an employee due to the employee's need for reasonable
  2  6 accommodation for a medical condition related to the employee's
  2  7 pregnancy or childbirth. Actions constituting prohibited
  2  8 discrimination under this provision include but are not limited
  2  9 to reassigning an employee to avoid making job modifications,
  2 10 retaliating against an employee for requesting a reasonable
  2 11 accommodation, and requiring an employee to take paid or unpaid
  2 12 leave when a reasonable accommodation would allow the employee
  2 13 to continue to work.
  2 14    The bill defines "reasonable accommodations" as actions
  2 15 which would permit an employee with a medical condition
  2 16 relating to the employee's pregnancy or childbirth to
  2 17 perform in a reasonable manner the activities involved in
  2 18 the employee's specific occupation and include but are not
  2 19 limited to the provision of an accessible worksite, acquisition
  2 20 or modification of equipment, job restructuring, and a
  2 21 modified work schedule.  The bill provides that "reasonable
  2 22 accommodations" does not mean any action that would impose an
  2 23 undue hardship on the business of the employer from whom the
  2 24 action is requested.
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