Bill Text: IA SF2098 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act requiring employers to provide reasonable accommodations to employees based on pregnancy, childbirth, and related medical conditions and making penalties applicable.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-02-08 - Subcommittee, Brase, Bisignano, and Costello. S.J. 174. [SF2098 Detail]
Download: Iowa-2015-SF2098-Introduced.html
Senate File 2098 - Introduced SENATE FILE BY PETERSEN and BRASE A BILL FOR 1 An Act requiring employers to provide reasonable accommodations 2 to employees based on pregnancy, childbirth, and related 3 medical conditions and making penalties applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5429XS (4) 86 je/sc 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) For the purposes of this paragraph, 1 4 unless the context otherwise requires: 1 5 (a) "Reasonable accommodation" includes but is not limited 1 6 to more frequent or longer breaks, time off to recover 1 7 from childbirth, acquisition or modification of equipment, 1 8 performance of job duties while seated, temporary transfer to a 1 9 less strenuous or hazardous position, job restructuring, light 1 10 duty, break time and private non=bathroom space for expressing 1 11 breast milk, assistance with manual labor, or modified work 1 12 schedules. 1 13 (b) "Related medical condition" includes but is not limited 1 14 to lactation or the need to express breast milk for a nursing 1 15 child. 1 16 (c) "Undue hardship" means an action requiring significant 1 17 difficulty or expense. 1 18 (2) It shall be an unfair or discriminatory practice for an 1 19 employer to do any of the following: 1 20 (a) Deny a reasonable accommodation in the terms, 1 21 conditions, or privileges of employment to a job applicant or 1 22 employee based on the employee's or applicant's pregnancy, 1 23 childbirth, or related medical condition if the employee or 1 24 applicant requests a reasonable accommodation, unless the 1 25 employer can demonstrate that providing the accommodation would 1 26 impose an undue hardship on the employer's program, enterprise, 1 27 or business. 1 28 (b) Take adverse action against an employee who requests 1 29 or uses a reasonable accommodation pursuant to this paragraph. 1 30 Such adverse action includes but is not limited to failing to 1 31 reinstate the employee to the employee's original job or to 1 32 an equivalent position with equivalent pay and accumulated 1 33 seniority, retirement, fringe benefits, and other applicable 1 34 service credits when the employee's need for a reasonable 1 35 accommodation ceases. 2 1 (c) Deny employment opportunities to a job applicant or 2 2 employee if such denial is based on the need of the employer 2 3 to make a reasonable accommodation to the job applicant or 2 4 employee pursuant to this paragraph. 2 5 (d) Require a job applicant or employee affected by 2 6 pregnancy, childbirth, or a related medical condition to accept 2 7 an accommodation that the applicant or employee declines to 2 8 accept. 2 9 (e) Require an employee to take employment leave if another 2 10 reasonable accommodation can be provided pursuant to this 2 11 paragraph without undue hardship to the employer. 2 12 (f) Make an inquiry prior to employment regarding a 2 13 job applicant's pregnancy, childbirth, or related medical 2 14 condition. 2 15 (3) An employer shall engage in a timely, good=faith, and 2 16 interactive process with an employee to determine effective 2 17 reasonable accommodations pursuant to this paragraph. 2 18 (4) (a) An employer shall have the burden of proving undue 2 19 hardship under this paragraph. In making a determination of 2 20 undue hardship, factors to be considered by the commission 2 21 include but are not limited to: 2 22 (i) The nature and cost of the accommodation. 2 23 (ii) The overall financial and other resources of the 2 24 employer. 2 25 (iii) The overall size of the business of the employer with 2 26 respect to the number of employees. 2 27 (iv) The number, type, and location of the employer's 2 28 facilities. 2 29 (b) The fact that an employer provides or would be 2 30 required to provide a similar accommodation to another class 2 31 of employees that requires such accommodation shall create a 2 32 rebuttable presumption that the accommodation does not impose 2 33 an undue hardship on the employer. 2 34 (5) An employer shall not be required under this paragraph 2 35 to create additional jobs or provide additional work hours 3 1 that the employer would not otherwise have created or 3 2 provided, unless the employer does so or would do so to 3 3 accommodate another class of employees that requires such 3 4 accommodation. An employer shall not be required under this 3 5 paragraph to discharge any employee, transfer any employee 3 6 with more seniority than an employee requesting a reasonable 3 7 accommodation, or promote any employee who is not qualified 3 8 to perform a job, unless the employer does so or would do so 3 9 to accommodate another class of employees that requires such 3 10 accommodation. 3 11 (6) An employer shall post written notice in a form 3 12 prescribed by the commission of the right to be free from 3 13 discrimination in relation to pregnancy, childbirth, or a 3 14 related medical condition, including the right to reasonable 3 15 accommodations based on pregnancy, childbirth, or a related 3 16 medical condition, pursuant to this paragraph conspicuously 3 17 at the employer's place of business in an area accessible 3 18 to employees. Such notice shall also be provided to the 3 19 following: 3 20 (a) New employees at the commencement of employment. 3 21 (b) Existing employees by January 1, 2017. 3 22 (c) Any employee who notifies the employer of the employee's 3 23 pregnancy within ten days of such notification. 3 24 (7) The commission shall develop courses of instruction 3 25 and conduct ongoing public education efforts as necessary to 3 26 inform employers, employees, employment agencies, and job 3 27 applicants regarding their rights and responsibilities under 3 28 this paragraph. 3 29 (8) This paragraph shall not be construed to narrow 3 30 or restrict any other provision of law relating to sex 3 31 discrimination or pregnancy, or to diminish any right or 3 32 responsibility thereunder. 3 33 EXPLANATION 3 34 The inclusion of this explanation does not constitute agreement with 3 35 the explanation's substance by the members of the general assembly. 4 1 This bill establishes additional unfair or discriminatory 4 2 employment practices under Code chapter 216, "Iowa Civil Rights 4 3 Act of 1965", concerning pregnancy, childbirth, or related 4 4 medical conditions. 4 5 The bill prohibits an employer from denying a reasonable 4 6 accommodation in the terms, conditions, or privileges of 4 7 employment to a job applicant or employee based on the 4 8 employee's or applicant's pregnancy, childbirth, or related 4 9 medical condition upon request, unless the employer can 4 10 demonstrate that providing the accommodation would impose an 4 11 undue hardship on the employer. 4 12 The bill prohibits an employer from taking adverse action 4 13 against an employee who requests or uses such a reasonable 4 14 accommodation. 4 15 The bill prohibits an employer from denying employment 4 16 opportunities to a job applicant or employee if such denial is 4 17 based on the need of the employer to make such a reasonable 4 18 accommodation. 4 19 The bill prohibits an employer from requiring a job 4 20 applicant or employee affected by pregnancy, childbirth, or a 4 21 related medical condition to accept an accommodation that the 4 22 applicant or employee declines to accept. 4 23 The bill prohibits an employer from requiring an employee 4 24 to take employment leave if another reasonable accommodation 4 25 can be provided pursuant to the bill without undue hardship to 4 26 the employer. 4 27 The bill prohibits an employer from making an inquiry 4 28 prior to employment regarding a job applicant's pregnancy, 4 29 childbirth, or related medical condition. 4 30 The bill defines "reasonable accommodation" to include but 4 31 not be limited to more frequent or longer breaks, time off 4 32 to recover from childbirth, acquisition or modification of 4 33 equipment, performance of job duties while seated, temporary 4 34 transfer to a less strenuous or hazardous position, job 4 35 restructuring, light duty, break time and private non=bathroom 5 1 space for expressing breast milk, assistance with manual labor, 5 2 or modified work schedules. 5 3 The bill defines "related medical condition" to include but 5 4 not be limited to lactation or the need to express breast milk 5 5 for a nursing child. 5 6 The bill defines "undue hardship" as an action requiring 5 7 significant difficulty or expense. 5 8 The bill requires an employer to engage in a timely, 5 9 good=faith, and interactive process with an employee to 5 10 determine effective reasonable accommodations pursuant to the 5 11 bill. 5 12 The bill specifies that an employer shall have the burden 5 13 of proving undue hardship under the bill. The bill provides 5 14 a nonexclusive list of factors to be considered by the civil 5 15 rights commission in making such a determination. The bill 5 16 specifies that an employer who provides or would be required to 5 17 provide a similar accommodation to another class of employees 5 18 that requires such accommodation shall create a rebuttable 5 19 presumption that the accommodation does not impose an undue 5 20 hardship on the employer. 5 21 The bill does not require an employer to create additional 5 22 jobs or provide additional work hours that the employer 5 23 would not otherwise have created or provided, unless the 5 24 employer does so or would do so to accommodate another class 5 25 of employees that requires such accommodation. The bill does 5 26 not require an employer to discharge any employee, transfer 5 27 any employee with more seniority than an employee requesting 5 28 a reasonable accommodation, or promote any employee who is 5 29 not qualified to perform a job, unless the employer does so 5 30 or would do so to accommodate another class of employees that 5 31 requires such accommodation. 5 32 The bill requires an employer to post written notice of the 5 33 right to be free from discrimination in relation to pregnancy, 5 34 childbirth, or a related medical condition, including the right 5 35 to reasonable accommodations, conspicuously at the employer's 6 1 place of business in an area accessible to employees. The bill 6 2 also requires such notice to be provided to new employees, 6 3 existing employees by January 1, 2017, and any employee who 6 4 notifies the employer of the employee's pregnancy. 6 5 The bill requires the commission to develop courses of 6 6 instruction and conduct ongoing public education efforts as 6 7 necessary to inform employers, employees, employment agencies, 6 8 and job applicants regarding their rights and responsibilities 6 9 under the bill. 6 10 The bill shall not be construed to narrow or restrict 6 11 any other provision of law relating to sex discrimination 6 12 or pregnancy, or to diminish any right or responsibility 6 13 thereunder. 6 14 Penalty provisions for discriminatory employment practices 6 15 are applicable to the requirements established in the bill. LSB 5429XS (4) 86 je/sc
