Bill Text: IA SF223 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to wage discrimination under the Iowa civil rights Act of 1965, making penalties applicable, and establishing an equal pay task force.
Spectrum: Partisan Bill (Democrat 18-0)
Status: (Introduced - Dead) 2019-02-12 - Subcommittee: Schultz, Carlin, and T. Taylor. S.J. 288. [SF223 Detail]
Download: Iowa-2019-SF223-Introduced.html
Senate
File
223
-
Introduced
SENATE
FILE
223
BY
T.
TAYLOR
,
MATHIS
,
WAHLS
,
DOTZLER
,
R.
TAYLOR
,
CELSI
,
BISIGNANO
,
LYKAM
,
QUIRMBACH
,
PETERSEN
,
RAGAN
,
J.
SMITH
,
BOLKCOM
,
JOCHUM
,
BOULTON
,
DANIELSON
,
HOGG
,
and
KINNEY
A
BILL
FOR
An
Act
relating
to
wage
discrimination
under
the
Iowa
civil
1
rights
Act
of
1965,
making
penalties
applicable,
and
2
establishing
an
equal
pay
task
force.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
216.6A,
Code
2019,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
2A.
It
shall
be
an
unfair
or
discriminatory
3
practice
for
any
employer
or
agent
of
any
employer
to
do
any
of
4
the
following:
5
a.
Require,
as
a
condition
of
employment,
that
an
employee
6
refrain
from
disclosing,
discussing,
or
sharing
information
7
about
the
amount
of
the
employee’s
wages,
benefits,
or
other
8
compensation
or
from
inquiring,
discussing,
or
sharing
9
information
about
any
other
employee’s
wages,
benefits,
or
10
other
compensation.
11
b.
Require,
as
a
condition
of
employment,
that
an
employee
12
sign
a
waiver
or
other
document
that
requires
an
employee
to
13
refrain
from
engaging
in
any
of
the
activities
permitted
under
14
paragraph
“a”
.
15
c.
Discriminate
or
retaliate
against
an
employee
for
16
engaging
in
any
of
the
activities
permitted
under
paragraph
“a”
.
17
d.
Seek
salary
history
information,
including
but
not
18
limited
to
information
on
compensation
and
benefits,
from
19
a
potential
employee
as
a
condition
of
a
job
interview
or
20
employment.
This
paragraph
shall
not
be
construed
to
prohibit
21
a
prospective
employer
from
asking
a
prospective
employee
what
22
salary
level
the
prospective
employee
would
require
in
order
to
23
accept
a
job.
24
e.
Release
the
salary
history,
including
but
not
limited
25
to
information
on
compensation
and
benefits,
of
any
current
26
or
former
employee
to
any
prospective
employer
in
response
to
27
a
request
as
part
of
an
interview
or
hiring
process
without
28
written
authorization
from
such
current
or
former
employee.
29
Sec.
2.
Section
216.6A,
subsection
3,
Code
2019,
is
amended
30
to
read
as
follows:
31
3.
a.
It
shall
be
an
affirmative
defense
to
a
claim
arising
32
under
this
section
if
any
of
the
following
applies:
33
a.
(1)
Payment
of
wages
is
made
pursuant
to
a
seniority
34
system.
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b.
(2)
Payment
of
wages
is
made
pursuant
to
a
merit
system.
1
c.
(3)
Payment
of
wages
is
made
pursuant
to
a
system
which
2
measures
earnings
by
quantity
or
quality
of
production.
3
d.
(4)
Pay
differential
is
based
on
any
other
factor
other
4
than
the
age,
race,
creed,
color,
sex,
sexual
orientation,
5
gender
identity,
national
origin,
religion,
or
disability
6
of
such
employee
,
including
but
not
limited
to
a
bona
fide
7
factor
relating
to
education,
training,
or
experience
.
8
This
affirmative
defense
shall
apply
only
if
the
employer
9
demonstrates
that
the
factor
is
not
based
on
or
derived
from
10
a
differential
in
compensation
based
on
age,
race,
creed,
11
color,
sex,
sexual
orientation,
gender
identity,
national
12
origin,
religion,
or
disability;
is
job
related
with
respect
13
to
the
position
in
question;
and
is
consistent
with
a
business
14
necessity.
For
purposes
of
this
subparagraph,
“business
15
necessity”
means
an
overriding
legitimate
business
purpose
16
such
that
the
factor
relied
upon
effectively
fulfills
the
17
business
purpose
it
is
supposed
to
serve.
This
affirmative
18
defense
shall
not
apply
if
the
employee
demonstrates
that
an
19
alternative
business
practice
exists
that
would
serve
the
same
20
business
purpose
without
producing
the
wage
differential.
21
b.
An
affirmative
defense
under
this
subsection
is
not
22
applicable
unless
one
or
more
of
the
affirmative
defenses
23
listed
in
paragraph
“a”
account
for
the
entire
pay
differential
24
that
is
the
subject
of
the
claim.
25
Sec.
3.
EQUAL
PAY
TASK
FORCE
AND
REPORT.
26
1.
An
equal
pay
task
force
is
created.
The
task
force
shall
27
consist
of
the
following
members:
28
a.
The
director
of
the
civil
rights
commission,
or
the
29
director’s
designee.
30
b.
The
director
of
the
department
of
human
rights,
or
the
31
director’s
designee.
32
c.
The
director
of
the
department
of
workforce
development,
33
or
the
director’s
designee.
34
d.
An
employee
of
the
labor
market
information
division
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of
the
department
of
workforce
development
designated
by
the
1
director
of
the
department.
2
e.
A
representative
of
the
association
of
business
and
3
industry,
appointed
by
the
president
of
the
association.
4
f.
A
member
of
a
statewide
labor
organization
appointed
by
5
the
president
of
the
organization.
6
g.
Two
representatives
of
organizations
whose
objectives
7
include
the
elimination
of
pay
disparities
between
men
and
8
women
and
minorities
and
nonminorities
and
that
have
undertaken
9
advocacy,
educational,
or
legislative
initiatives
in
pursuit
10
of
such
objectives
appointed
by
the
director
of
the
civil
11
rights
commission
in
consultation
with
the
leadership
of
those
12
organizations.
13
h.
Two
representatives
of
postsecondary
education
14
institutions
who
have
experience
and
expertise
in
the
15
collection
and
analysis
of
data
concerning
pay
disparities
16
between
men
and
women
and
minorities
and
nonminorities
17
and
whose
research
has
been
used
in
efforts
to
promote
the
18
elimination
of
such
disparities
appointed
by
the
director
of
19
the
civil
rights
commission
in
consultation
with
the
leadership
20
of
those
institutions.
21
i.
Four
members
of
the
general
assembly
serving
as
22
ex
officio,
nonvoting
members,
one
representative
to
be
23
appointed
by
the
speaker
of
the
house
of
representatives,
one
24
representative
to
be
appointed
by
the
minority
leader
of
the
25
house
of
representatives,
one
senator
to
be
appointed
by
the
26
majority
leader
of
the
senate,
and
one
senator
to
be
appointed
27
by
the
minority
leader
of
the
senate.
28
2.
Membership
of
the
task
force
specified
in
subsection
1,
29
paragraphs
“d”
through
“h”,
shall
comply
with
section
69.16A.
30
3.
The
task
force
shall
study
all
of
the
following:
31
a.
The
extent
of
wage
disparities,
both
in
the
public
and
32
private
sectors,
between
men
and
women
and
between
minorities
33
and
nonminorities.
34
b.
Factors
that
cause,
or
which
tend
to
cause,
such
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disparities,
including
segregation
between
women
and
1
men
and
between
minorities
and
nonminorities
across
and
2
within
occupations,
payment
of
lower
wages
for
work
in
3
female-dominated
occupations,
child-rearing
responsibilities,
4
the
number
of
women
who
are
heads
of
households,
education,
5
hours
worked,
and
years
on
the
job.
6
c.
The
consequences
of
such
disparities
on
the
economy
and
7
affected
families.
8
d.
Actions
likely
to
lead
to
the
elimination
and
prevention
9
of
such
disparities.
10
4.
The
department
of
workforce
development
shall
provide
11
staffing
services
for
the
task
force.
12
5.
The
voting
members
shall
elect
a
chairperson
from
the
13
voting
membership
of
the
task
force.
A
majority
of
the
voting
14
members
of
the
task
force
constitutes
a
quorum.
15
6.
Voting
members
of
the
task
force
shall
receive
16
reimbursement
for
actual
expenses
incurred
while
serving
17
in
their
official
capacity
only
if
they
are
not
eligible
18
for
reimbursement
by
the
organization
that
they
represent.
19
Legislative
members
shall
be
paid
the
per
diem
and
expenses
20
specified
in
section
2.10.
21
7.
The
task
force
shall
submit
a
report
regarding
its
22
findings
and
its
recommendations
regarding
potential
actions
23
for
the
elimination
and
prevention
of
disparities
in
wages
24
between
men
and
women
and
minorities
and
nonminorities
to
the
25
governor
and
the
general
assembly
no
later
than
December
18,
26
2020.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
relates
to
wage
discrimination
under
Code
chapter
31
216,
the
Iowa
civil
rights
Act
of
1965,
and
establishes
an
32
equal
pay
task
force.
33
WAGE
DISCRIMINATION
IN
EMPLOYMENT.
The
bill
establishes
34
additional
unfair
or
discriminatory
practices
relating
to
wages
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under
Code
section
216.6A.
Penalty
and
remedial
provisions
1
for
discriminatory
employment
practices,
including
penalties
2
specific
to
wage
discrimination,
are
applicable
under
Code
3
chapter
216
to
violations
of
these
requirements.
4
The
bill
prohibits
an
employer
from
requiring
that
an
5
employee
refrain
from
disclosing,
discussing,
or
sharing
6
information
about
the
amount
of
the
employee’s
wages,
benefits,
7
or
other
compensation
or
from
inquiring,
discussing,
or
sharing
8
information
about
any
other
employee’s
wages,
benefits,
or
9
other
compensation
as
a
condition
of
employment.
The
bill
10
prohibits
an
employer
from
requiring
that
an
employee
sign
a
11
waiver
or
other
document
that
requires
an
employee
to
refrain
12
from
engaging
in
any
of
those
activities
as
a
condition
of
13
employment.
The
bill
prohibits
an
employer
from
discriminating
14
or
retaliating
against
an
employee
for
engaging
in
any
of
the
15
activities.
16
The
bill
prohibits
an
employer
from
seeking
salary
history
17
information
from
a
potential
employee
as
a
condition
of
a
job
18
interview
or
employment.
This
provision
shall
not
be
construed
19
to
prohibit
a
prospective
employer
from
asking
a
prospective
20
employee
what
salary
level
the
prospective
employee
would
21
require
in
order
to
accept
a
job.
22
The
bill
prohibits
an
employer
from
releasing
the
salary
23
history
of
any
current
or
former
employee
to
any
prospective
24
employer
in
response
to
a
request
as
part
of
an
interview
or
25
hiring
process
without
written
authorization
from
such
current
26
or
former
employee.
27
Under
current
law,
an
employer
has
an
affirmative
defense
28
to
a
claim
under
Code
section
216.6A
if
a
pay
differential
29
is
based
on
any
other
factor
other
than
prohibited
wage
30
discrimination.
The
bill
provides
that
an
employer
has
an
31
affirmative
defense
to
a
claim
under
Code
section
216.6A
if
a
32
pay
differential
is
based
on
any
other
bona
fide
factor
other
33
than
prohibited
discrimination,
including
but
not
limited
34
to
a
bona
fide
factor
relating
to
education,
training,
or
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experience.
However,
this
defense
shall
only
apply
if
the
1
employer
demonstrates
that
the
factor
is
not
based
on
or
2
derived
from
prohibited
wage
discrimination,
is
job
related
3
with
respect
to
the
position
in
question,
and
is
consistent
4
with
a
business
necessity.
The
bill
defines
“business
5
necessity”
as
an
overriding
legitimate
business
purpose
6
such
that
the
factor
relied
upon
effectively
fulfills
the
7
business
purpose
it
is
supposed
to
serve.
This
affirmative
8
defense
shall
not
apply
if
the
employee
demonstrates
that
an
9
alternative
business
practice
exists
that
would
serve
the
same
10
business
purpose
without
producing
the
wage
differential.
11
The
bill
provides
that
affirmative
defenses
to
a
claim
under
12
Code
section
216.6A
are
not
applicable
unless
one
or
more
of
13
the
defenses
account
for
the
entire
pay
differential
that
is
14
the
subject
of
the
claim.
15
EQUAL
PAY
TASK
FORCE.
The
bill
creates
an
equal
pay
task
16
force
to
study
the
extent
of
discriminatory
wage
disparities
17
in
the
public
and
private
sectors,
the
factors
that
cause
18
such
disparities,
the
consequences
of
such
disparities,
and
19
actions
likely
to
lead
to
the
elimination
and
prevention
of
20
such
disparities.
21
The
bill
establishes
the
membership
of
the
task
force,
22
including
ex
officio,
nonvoting
legislative
members.
The
23
department
of
workforce
development
shall
provide
staffing
24
services
for
the
task
force.
25
The
task
force
shall
submit
a
report
regarding
its
findings
26
and
its
recommendations
regarding
potential
actions
for
the
27
elimination
and
prevention
of
discriminatory
wage
disparities
28
to
the
governor
and
the
general
assembly
no
later
than
December
29
18,
2020.
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