Bill Text: IA SF2052 | 2021-2022 | 89th General Assembly | Introduced

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Bill Title: A bill for an act relating to discrimination on the basis of medical creed under the Iowa civil rights Act of 1965 and including effective date provisions.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2022-01-20 - Subcommittee: Edler, Jochum, and Sweeney. S.J. 127. [SF2052 Detail]

Download: Iowa-2021-SF2052-Introduced.html

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Senate File 2052 - Introduced
SENATE FILE 2052
BY GUTH , SCHULTZ , JOHNSON , J.
TAYLOR , GREEN , ZAUN , and
CARLIN
A BILL FOR
An Act relating to discrimination on the basis of medical
creed under the Iowa civil rights Act of 1965 and including
effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 216.2, Code 2021, is amended by adding
the following new subsection:
NEW SUBSECTION . 11A. “Medical creed” means the vaccination
or disease immunity status of an individual, an individual’s
decision to disclose or refuse to disclose private medical
records, and an individual’s sincerely held beliefs relevant to
medical interventions.
Sec. 2. Section 216.5, subsections 6 and 8, Code 2021, 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, medical 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, medical creed, color, sex, sexual orientation, gender
identity, national origin, religion, ancestry, or disability as
it may deem necessary and desirable.
Sec. 3. Section 216.6, subsection 1, paragraphs a, b, and c,
Code 2021, 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,
medical 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
occupation, by reason of training or experience, the nature
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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, medical 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, medical 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,
medical creed, sex, sexual orientation, gender identity, or
national origin.
Sec. 4. Section 216.6A, subsection 1, paragraph a,
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unnumbered paragraph 1, Code 2021, is amended to read as
follows:
The general assembly finds that the practice of
discriminating against any employee because of the age, race,
creed, medical 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. 5. Section 216.6A, subsection 1, paragraph b, Code
2021, 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, medical creed, color, sex, sexual orientation, gender
identity, national origin, religion, and disability.
Sec. 6. Section 216.6A, subsection 2, paragraph a, Code
2021, 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, medical 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, 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. 7. Section 216.6A, subsection 3, paragraph d, Code
2021, is amended to read as follows:
d. Pay differential is based on any other factor other
than the age, race, creed, medical creed, color, sex, sexual
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orientation, gender identity, national origin, religion, or
disability of such employee.
Sec. 8. Section 216.7, subsection 1, paragraphs a and b,
Code 2021, are amended to read as follows:
a. To refuse or deny to any person because of race, creed,
medical 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, medical 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, medical creed, color, sex, sexual
orientation, gender identity, national origin, religion, or
disability is unwelcome, objectionable, not acceptable, or not
solicited.
Sec. 9. Section 216.8, subsection 1, paragraphs a, b, c, and
d, Code 2021, 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, medical 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, medical 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
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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, medical
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, medical
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. 10. Section 216.8A, subsections 1, 2, and 5, Code 2021,
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, medical 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, medical 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.
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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, medical creed, sex,
sexual orientation, gender identity, religion, national origin,
disability, or familial status.
Sec. 11. Section 216.8A, subsection 4, paragraph a, Code
2021, 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, medical creed, sex, sexual orientation, gender
identity, religion, national origin, disability, or familial
status.
Sec. 12. Section 216.9, subsection 1, unnumbered paragraph
1, Code 2021, 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, medical creed, color, sex, sexual orientation, gender
identity, national origin, religion, or disability in any
program or activity. Such discriminatory practices shall
include but not be limited to the following practices:
Sec. 13. Section 216.10, subsection 1, paragraphs a, b, and
c, Code 2021, 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, medical creed, national origin, race,
religion, marital status, sex, sexual orientation, gender
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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, medical
creed, national origin, race, religion, marital status, sex,
sexual orientation, gender identity, physical disability, or
familial status.
c. Creditor to refuse to offer credit life or health and
accident insurance because of color, creed, medical 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. 14. Section 216.12A, Code 2021, 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, medical creed, sex, sexual orientation, gender identity,
religion, national origin, disability, or familial status in
appraising real estate.
Sec. 15. NEW SECTION . 216.23 Findings —— suspension during
disaster emergency prohibited.
1. The general assembly finds that the establishment
of medical creed as a protected class under this chapter
is necessary to protect the integrity of civil rights and
constitutional liberty in this state as a result of the
collective response to the COVID-19 pandemic.
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2. Provisions of this chapter relating to medical creed are
not subject to suspension by the governor pursuant to section
29C.6, subsection 6.
Sec. 16. EFFECTIVE DATE. This Act, being deemed of
immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill prohibits unfair or discriminatory practices on
the basis of medical creed under Code chapter 216 in regard to
employment, accommodations or services, housing, education,
or credit. Remedial measures under Code chapter 216 are
applicable to such conduct.
The bill defines “medical creed” as the vaccination or
disease immunity status of an individual, an individual’s
decision to disclose or refuse to disclose private medical
records, and an individual’s sincerely held beliefs relevant to
medical interventions.
Provisions of the bill are not subject to suspension by
the governor during the period of a proclamation of disaster
emergency. The bill includes legislative findings.
The bill takes effect upon enactment.
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