Bill Text: IA SF2252 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act requiring employers to provide reasonable accommodations to employees based on pregnancy or childbirth and making penalties applicable. (Formerly SF 18 and SF 313.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2016-03-03 - Subcommittee, Fry, Running-Marquardt, and Sexton. H.J. 417. [SF2252 Detail]
Download: Iowa-2015-SF2252-Introduced.html
Senate File 2252 - Introduced SENATE FILE BY COMMITTEE ON LABOR AND BUSINESS RELATIONS (SUCCESSOR TO SF 313) (SUCCESSOR TO SF 18) A BILL FOR 1 An Act requiring employers to provide reasonable accommodations 2 to employees based on pregnancy or childbirth and making 3 penalties applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1196SZ (3) 86 je/sc PAG LIN 1 1 Section 1. Section 216.2, Code 2016, is amended by adding 1 2 the following new subsections: 1 3 NEW SUBSECTION. 01. "Adverse action" means any action that 1 4 might dissuade a reasonable worker from engaging in activities 1 5 protected under this chapter. "Adverse action" includes but 1 6 is not limited to failing to reinstate the employee to the 1 7 employee's original job or to an equivalent position with 1 8 equivalent pay and accumulated seniority, retirement, fringe 1 9 benefits, and other applicable service credits when the 1 10 employee's need for a reasonable accommodation ceases. 1 11 NEW SUBSECTION. 14A. "Undue hardship" means an action 1 12 requiring significant difficulty or expense. 1 13 Sec. 2. Section 216.6, subsection 2, paragraph a, Code 2016, 1 14 is amended to read as follows: 1 15 a. A written or unwritten employment policy or practice 1 16 which excludes from employment applicants or employees because 1 17 of the employee's pregnancy is aprima facieviolation of this 1 18 chapter. 1 19 Sec. 3. Section 216.6, subsection 2, Code 2016, is amended 1 20 by adding the following new paragraphs: 1 21 NEW PARAGRAPH. f. An employer shall provide to an employee 1 22 a private, secure, and sanitary space and break time to express 1 23 breast milk for a nursing child. 1 24 NEW PARAGRAPH. g. (1) For the purposes of this paragraph, 1 25 unless the context otherwise requires: 1 26 (a) "Reasonable accommodation" includes but is not limited 1 27 to more frequent or longer breaks, time off to recover 1 28 from childbirth, acquisition or modification of equipment, 1 29 performance of job duties while seated, temporary transfer to a 1 30 less strenuous or hazardous position, job restructuring, light 1 31 duty, assistance with manual labor, or modified work schedules. 1 32 (b) "Related medical condition" includes but is not limited 1 33 to lactation or the need to express breast milk for a nursing 1 34 child. 1 35 (2) It shall be an unfair or discriminatory practice for an 2 1 employer to do any of the following: 2 2 (a) Deny a reasonable accommodation in the terms, 2 3 conditions, or privileges of employment to a job applicant or 2 4 employee based on the employee's or applicant's pregnancy, 2 5 childbirth, or related medical condition if the employee or 2 6 applicant requests a reasonable accommodation, unless the 2 7 employer can demonstrate that providing the accommodation would 2 8 impose an undue hardship on the employer's program, enterprise, 2 9 or business. 2 10 (b) Retaliate or take adverse action against an employee who 2 11 requests or uses a reasonable accommodation pursuant to this 2 12 paragraph. 2 13 (c) Deny employment opportunities to a job applicant or 2 14 employee if such denial is based on the need of the employer 2 15 to make a reasonable accommodation to the job applicant or 2 16 employee pursuant to this paragraph. 2 17 (d) Require a job applicant or employee affected by 2 18 pregnancy, childbirth, or a related medical condition to accept 2 19 an accommodation that the applicant or employee declines to 2 20 accept. 2 21 (e) Require an employee to take employment leave if another 2 22 reasonable accommodation can be provided pursuant to this 2 23 paragraph without undue hardship to the employer. 2 24 (f) Make an inquiry prior to employment regarding a 2 25 job applicant's pregnancy, childbirth, or related medical 2 26 condition. 2 27 (3) An employer shall engage in a timely, good=faith, and 2 28 interactive process with an employee to determine effective 2 29 reasonable accommodations pursuant to this paragraph. 2 30 (4) (a) An employer shall have the burden of proving undue 2 31 hardship under this paragraph. In making a determination of 2 32 undue hardship, factors to be considered by the commission 2 33 include but are not limited to: 2 34 (i) The nature and cost of the accommodation. 2 35 (ii) The overall financial and other resources of the 3 1 employer. 3 2 (iii) The overall size of the business of the employer with 3 3 respect to the number of employees. 3 4 (iv) The number, type, and location of the employer's 3 5 facilities. 3 6 (b) The fact that an employer provides or would be 3 7 required to provide a similar accommodation to another class 3 8 of employees that requires such accommodation shall create a 3 9 rebuttable presumption that the accommodation does not impose 3 10 an undue hardship on the employer. 3 11 (5) 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. The notice shall state the employee's right 3 19 to a private, secure, and sanitary space and break time to 3 20 express breast milk for a nursing child and shall include the 3 21 employer's specific plan to meet this requirement. The notice 3 22 shall also be provided to the following: 3 23 (a) New employees at the commencement of employment. 3 24 (b) Existing employees by January 1, 2017. 3 25 (c) Any employee who notifies the employer of the employee's 3 26 pregnancy within ten days of such notification. 3 27 (6) The commission shall develop courses of instruction 3 28 and conduct ongoing public education efforts as necessary to 3 29 inform employers, employees, employment agencies, and job 3 30 applicants regarding their rights and responsibilities under 3 31 this paragraph. 3 32 (7) This paragraph shall not be construed to narrow 3 33 or restrict any other provision of law relating to sex 3 34 discrimination or pregnancy, or to diminish any right or 3 35 responsibility thereunder. 4 1 NEW PARAGRAPH. h. It is the intent of the general assembly 4 2 that a violation of this subsection constitutes an unfair or 4 3 discriminatory practice in violation of this chapter, subject 4 4 to the processes and remedies set forth in this chapter, and 4 5 further, that the burden=shifting analysis articulated by the 4 6 United States supreme court in McDonnell Douglas Corp. v. 4 7 Green, 411 U.S. 792 (1973), shall not be applicable to the 4 8 proper construction of this subsection. 4 9 EXPLANATION 4 10 The inclusion of this explanation does not constitute agreement with 4 11 the explanation's substance by the members of the general assembly. 4 12 This bill prohibits an employer from denying a reasonable 4 13 accommodation in the terms, conditions, or privileges of 4 14 employment to a job applicant or employee based on the 4 15 employee's or applicant's pregnancy, childbirth, or related 4 16 medical condition upon request, unless the employer can 4 17 demonstrate that providing the accommodation would impose an 4 18 undue hardship on the employer. 4 19 The bill prohibits an employer from retaliating or taking 4 20 adverse action against an employee who requests or uses such a 4 21 reasonable accommodation. 4 22 The bill prohibits an employer from denying employment 4 23 opportunities to a job applicant or employee if such denial is 4 24 based on the need of the employer to make such a reasonable 4 25 accommodation. 4 26 The bill prohibits an employer from requiring a job 4 27 applicant or employee affected by pregnancy, childbirth, or a 4 28 related medical condition to accept an accommodation that the 4 29 applicant or employee declines to accept. 4 30 The bill prohibits an employer from requiring an employee 4 31 to take employment leave if another reasonable accommodation 4 32 can be provided pursuant to the bill without undue hardship to 4 33 the employer. 4 34 The bill prohibits an employer from making an inquiry 4 35 prior to employment regarding a job applicant's pregnancy, 5 1 childbirth, or related medical condition. 5 2 The bill defines "reasonable accommodation" to include but 5 3 not be limited to more frequent or longer breaks, time off 5 4 to recover from childbirth, acquisition or modification of 5 5 equipment, performance of job duties while seated, temporary 5 6 transfer to a less strenuous or hazardous position, job 5 7 restructuring, light duty, break time and private non=bathroom 5 8 space for expressing breast milk, assistance with manual labor, 5 9 or modified work schedules. 5 10 The bill defines "related medical condition" to include but 5 11 not be limited to lactation or the need to express breast milk 5 12 for a nursing child. 5 13 The bill defines "adverse action" as any action that might 5 14 dissuade a reasonable worker from engaging in activities 5 15 protected under Code chapter 216 and specifies that "adverse 5 16 action" includes but is not limited to failing to reinstate the 5 17 employee to the employee's original job or to an equivalent 5 18 position with equivalent pay and accumulated seniority, 5 19 retirement, fringe benefits, and other applicable service 5 20 credits when the employee's need for a reasonable accommodation 5 21 ceases. 5 22 The bill defines "undue hardship" as an action requiring 5 23 significant difficulty or expense. 5 24 The bill requires an employer to engage in a timely, 5 25 good=faith, and interactive process with an employee to 5 26 determine effective reasonable accommodations pursuant to the 5 27 bill. 5 28 The bill specifies that an employer shall have the burden 5 29 of proving undue hardship under the bill. The bill provides 5 30 a nonexclusive list of factors to be considered by the civil 5 31 rights commission in making such a determination. The bill 5 32 specifies that an employer who provides or would be required to 5 33 provide a similar accommodation to another class of employees 5 34 that requires such accommodation shall create a rebuttable 5 35 presumption that the accommodation does not impose an undue 6 1 hardship on the employer. 6 2 The bill requires an employer to post written notice of the 6 3 right to be free from discrimination in relation to pregnancy, 6 4 childbirth, or a related medical condition, including the 6 5 right to reasonable accommodations and a private, secure, 6 6 and sanitary space and break time to express breast milk for 6 7 a nursing child, conspicuously at the employer's place of 6 8 business in an area accessible to employees. The bill also 6 9 requires such notice to be provided to new employees, existing 6 10 employees by January 1, 2017, and any employee who notifies the 6 11 employer of the employee's pregnancy. 6 12 The bill requires the commission to develop courses of 6 13 instruction and conduct ongoing public education efforts as 6 14 necessary to inform employers, employees, employment agencies, 6 15 and job applicants regarding their rights and responsibilities 6 16 under the bill. 6 17 The preceding provisions of the bill shall not be construed 6 18 to narrow or restrict any other provision of law relating to 6 19 sex discrimination or pregnancy, or to diminish any right or 6 20 responsibility thereunder. 6 21 The bill requires an employer to provide to an employee a 6 22 private, secure, and sanitary space and break time to express 6 23 breast milk for a nursing child. 6 24 Under current law, a written or unwritten employment policy 6 25 or practice which excludes from employment applicants or 6 26 employees because of the employee's pregnancy is a prima facie 6 27 violation of Code chapter 216. The bill removes the phrase 6 28 "prima facie," so that such employment policies or practices 6 29 are violations of Code chapter 216. 6 30 The bill states that it is the intent of the general 6 31 assembly that a violation of Code section 216.6, subsection 2, 6 32 which governs employment policies relating to pregnancy and 6 33 childbirth, constitutes an unfair or discriminatory practice 6 34 in violation of Code chapter 216, subject to the processes 6 35 and remedies set forth in Code chapter 216, and further, that 7 1 the burden=shifting analysis articulated by the United States 7 2 supreme court in McDonnell Douglas Corp. v. Green, 411 U.S. 792 7 3 (1973), shall not be applicable to the proper construction of 7 4 Code section 216.6, subsection 2. 7 5 Penalty provisions for discriminatory employment practices 7 6 are applicable to the requirements established in the bill. LSB 1196SZ (3) 86 je/sc
