Bill Text: IA SF2259 | 2011-2012 | 84th General Assembly | Introduced

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Bill Title: A bill for an act prohibiting employment discrimination based on unemployment status and providing penalties. (Formerly SF 2028.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2012-03-19 - Referred to Judiciary. S.J. 581. [SF2259 Detail]

Download: Iowa-2011-SF2259-Introduced.html

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Senate File 2259 - Introduced
SENATE FILE 2259
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SF 2028)
A BILL FOR
An Act prohibiting employment discrimination based on
unemployment status and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. FINDINGS —— PURPOSE.
1. The general assembly finds that denial of employment
opportunities to individuals because of their status as
unemployed is discriminatory and burdens commerce by doing one
or more of the following:
a. Reducing personal consumption and undermining economic
stability and growth.
b. Squandering human capital essential to the state’s
economic vibrancy and growth.
c. Increasing demands for unemployment insurance benefits,
reducing unemployment trust fund assets, and leading to higher
payroll taxes for employers, or cuts in unemployment insurance
benefits for jobless workers, or both.
d. Imposing additional burdens on publicly funded health
and welfare programs.
e. Depressing income, property, and other tax revenues that
the states and local governments rely on to support operations
and institutions essential to commerce.
2. The purposes of this Act are all of the following:
a. To prohibit employers and employment agencies from
disqualifying an individual from employment opportunities
because of that individual’s status as unemployed.
b. To prohibit employers and employment agencies from
publishing or posting any advertisement or announcement for
an employment opportunity that indicates that an individual’s
status as unemployed disqualifies that individual for the
opportunity.
c. To eliminate the burdens imposed on commerce due to the
exclusion of such individuals from employment.
Sec. 2. NEW SECTION . 730A.1 Unemployment status
discrimination in employment prohibited.
1. For the purposes of this section, “status as unemployed”
means that an individual, at the time of application for
employment or at the time of action alleged to violate this
section, does not have a job, is available for work, and is
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S.F. 2259
searching for work.
2. It shall be unlawful for an employer to do any of the
following:
a. Publish in print, on the internet, or in any other
medium, an advertisement or announcement for an employee for
any job that includes any of the following:
(1) Any provision stating or indicating that an
individual’s status as unemployed disqualifies the individual
for any employment opportunity.
(2) Any provision stating or indicating that the employer
will not consider or hire an individual for any employment
opportunity based on that individual’s status as unemployed.
b. Fail or refuse to consider for employment, or fail or
refuse to hire, an individual as an employee because of the
individual’s status as unemployed.
c. Direct or request that an employment agency take an
individual’s status as unemployed into account to disqualify
an applicant for consideration, screening, or referral for
employment as an employee.
3. It shall be unlawful for an employment agency to do any
of the following:
a. Publish in print, on the internet, or in any other
medium, an advertisement or announcement for any vacancy in a
job, as an employee, that includes any of the following:
(1) Any provision stating or indicating that an
individual’s status as unemployed disqualifies the individual
for any employment opportunity.
(2) Any provision stating or indicating that the employment
agency or an employer will not consider or hire an individual
for any employment opportunity based on that individual’s
status as unemployed.
b. Screen, fail or refuse to consider, or fail or refuse to
refer an individual for employment as an employee because of
the individual’s status as unemployed.
c. Limit, segregate, or classify any individual in any
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S.F. 2259
manner that would limit or tend to limit the individual’s
access to information about jobs, or consideration, screening,
or referral for jobs, as an employee, solely because of an
individual’s status as unemployed.
4. a. An employer who violates this section shall cease
and desist from further violations and shall pay the following
civil penalty:
(1) For a first violation, not more than one thousand
dollars.
(2) For a second violation, not more than five thousand
dollars.
(3) For a third or subsequent violation, not more than ten
thousand dollars.
b. In addition, an employer found to have violated
this section shall be assessed the costs of the action to
enforce the civil penalty, including the reasonable costs of
investigation and attorney fees.
5. A civil action to enforce this provision shall be by
equitable proceedings instituted by the attorney general.
6. Penalties ordered pursuant to this section shall be paid
to the treasurer of state for deposit in the general fund of
the state.
7. a. This section shall not be construed to preclude
an employer or employment agency from considering an
individual’s employment history, or from examining the reasons
underlying an individual’s status as unemployed, in assessing
an individual’s ability to perform a job or in otherwise
making employment decisions about that individual. Such
consideration or examination may include an assessment of
whether an individual’s employment history in a similar or
related job for a period of time reasonably proximate to the
time of consideration of the individual for new employment is
job-related or consistent with business necessity in relation
to that new employment.
b. This section shall not be construed to create a private
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S.F. 2259
right of action against an employer who has violated, or is
alleged to have violated, this section.
EXPLANATION
This bill prohibits employment discrimination based on an
individual’s status as unemployed. The bill defines “status as
unemployed” as an individual who, at the time of application
for employment or at the time of an alleged violation, does not
have a job, is available for work, and is searching for work.
The bill prohibits an employer from engaging in certain
employment practices. An employer is prohibited from
publishing an advertisement or announcement for employment that
includes any provision stating that an individual’s status
as unemployed disqualifies the individual for any employment
opportunity or any provision stating that the employer
will not consider or hire an individual for any employment
opportunity based on that individual’s status as unemployed.
An employer is prohibited from failing or refusing to consider
for employment or failing or refusing to hire an individual
because of the individual’s status as unemployed. An employer
is prohibited from directing or requesting that an employment
agency take an individual’s status as unemployed into account
to disqualify an applicant for consideration, screening, or
referral for employment.
The bill also prohibits an employment agency from engaging
in certain employment practices. An employment agency is
prohibited from publishing an advertisement or announcement
for any vacancy in a job that includes any provision stating
that an individual’s status as unemployed disqualifies the
individual for any employment opportunity or any provision
stating that the employment agency or an employer will not
consider or hire an individual for any employment opportunity
based on that individual’s status as unemployed. An employment
agency is prohibited from screening, or failing or refusing to
consider, or failing or refusing to refer an individual for
employment because of the individual’s status as unemployed.
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S.F. 2259
An employment agency is prohibited from limiting, segregating,
or classifying an individual in any manner that would limit
the individual’s access to information about jobs, or
consideration, screening, or referral for jobs solely because
of the individual’s status as unemployed.
The bill provides that a first violation carries a civil
penalty of not more than $1,000, a second violation not more
than $5,000, and a third or subsequent violation not more
than $10,000. In addition to the civil penalty, an employer
shall be assessed the costs of enforcement. The bill shall be
enforced by a civil action instituted by the attorney general.
The bill is not to be construed to preclude an employer
or employment agency from considering an individual’s
employment history, or from examining the reasons underlying
an individual’s status as unemployed, in assessing an
individual’s ability to perform a job or in otherwise making
employment decisions about that individual. Such consideration
or examination may include an assessment of whether an
individual’s employment history in a similar or related job
for a period of time reasonably proximate to the time of
consideration for new employment is job-related or consistent
with business necessity in relation to that new employment.
The bill is not to be construed to create a private right
of action against an employer for a violation or alleged
violation.
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