Bill Text: IA SF396 | 2023-2024 | 90th 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 16-0)
Status: (Introduced - Dead) 2023-03-01 - Subcommittee: Driscoll, Donahue, and Kraayenbrink. S.J. 450. [SF396 Detail]
Download: Iowa-2023-SF396-Introduced.html
Senate
File
396
-
Introduced
SENATE
FILE
396
BY
PETERSEN
,
TRONE
GARRIOTT
,
WEINER
,
JOCHUM
,
DONAHUE
,
CELSI
,
WINCKLER
,
DOTZLER
,
GIDDENS
,
BISIGNANO
,
KNOX
,
BOULTON
,
WAHLS
,
BENNETT
,
QUIRMBACH
,
and
T.
TAYLOR
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
2023,
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
f.
Publish,
list,
or
post
within
the
employer’s
30
organization,
with
any
employment
agency,
job-listing
31
service,
or
internet
site,
or
in
any
other
public
manner,
an
32
advertisement
to
recruit
candidates
for
hire
or
independent
33
contractors
to
fill
a
position
within
the
employer’s
34
organization
without
including
the
minimum
rate
of
pay
of
the
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position.
The
rate
of
pay
may
be
by
the
hour,
shift,
day,
week,
1
salary,
piece,
commission,
or
other
applicable
rate.
The
rate
2
of
pay
shall
include
overtime
and
allowances,
if
any,
claimed
3
as
part
of
the
minimum
wage,
including
but
not
limited
to
4
tipped
wages.
5
g.
Pay
a
newly
hired
employee
at
less
than
the
rate
of
pay
6
advertised
for
the
employee’s
position
under
paragraph
“f”
.
7
Sec.
2.
Section
216.6A,
subsection
3,
Code
2023,
is
amended
8
to
read
as
follows:
9
3.
a.
It
shall
be
an
affirmative
defense
to
a
claim
arising
10
under
this
section
if
any
of
the
following
applies:
11
a.
(1)
Payment
of
wages
is
made
pursuant
to
a
seniority
12
system.
13
b.
(2)
Payment
of
wages
is
made
pursuant
to
a
merit
system.
14
c.
(3)
Payment
of
wages
is
made
pursuant
to
a
system
which
15
measures
earnings
by
quantity
or
quality
of
production.
16
d.
(4)
Pay
differential
is
based
on
any
other
bona
fide
17
factor
other
than
the
age,
race,
creed,
color,
sex,
sexual
18
orientation,
gender
identity,
national
origin,
religion,
19
or
disability
of
such
employee
,
including
but
not
limited
20
to
a
bona
fide
factor
relating
to
education,
training,
or
21
experience
.
This
defense
shall
apply
only
if
the
employer
22
demonstrates
that
the
factor
is
not
based
on
or
derived
from
23
a
differential
in
compensation
based
on
age,
race,
creed,
24
color,
sex,
sexual
orientation,
gender
identity,
national
25
origin,
religion,
or
disability;
is
job
related
with
respect
26
to
the
position
in
question;
and
is
consistent
with
a
business
27
necessity.
For
purposes
of
this
subparagraph,
“business
28
necessity”
means
an
overriding
legitimate
business
purpose
29
such
that
the
factor
relied
upon
effectively
fulfills
the
30
business
purpose
it
is
supposed
to
serve.
This
affirmative
31
defense
shall
not
apply
if
the
employee
demonstrates
that
an
32
alternative
business
practice
exists
that
would
serve
the
same
33
business
purpose
without
producing
the
wage
differential.
34
b.
An
affirmative
defense
under
this
subsection
is
not
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applicable
unless
one
or
more
of
the
defenses
listed
in
1
paragraph
“a”
account
for
the
entire
pay
differential
that
is
2
the
subject
of
the
claim.
3
Sec.
3.
EQUAL
PAY
TASK
FORCE
AND
REPORT.
4
1.
An
equal
pay
task
force
is
created.
The
task
force
shall
5
consist
of
the
following
members:
6
a.
The
director
of
the
civil
rights
commission,
or
the
7
director’s
designee.
8
b.
The
director
of
the
department
of
human
rights,
or
the
9
director’s
designee.
10
c.
An
employee
of
the
labor
market
information
division
11
of
the
department
of
workforce
development
designated
by
the
12
director
of
the
department.
13
d.
A
representative
of
the
association
of
business
and
14
industry,
appointed
by
the
president
of
the
association.
15
e.
A
member
of
a
statewide
labor
organization
appointed
by
16
the
president
of
the
organization.
17
f.
Two
representatives
of
organizations
whose
objectives
18
include
the
elimination
of
pay
disparities
between
men
and
19
women
and
minorities
and
nonminorities
and
that
have
undertaken
20
advocacy,
educational,
or
legislative
initiatives
in
pursuit
21
of
such
objectives
appointed
by
the
director
of
the
civil
22
rights
commission
in
consultation
with
the
leadership
of
those
23
organizations.
24
g.
Two
representatives
of
postsecondary
education
25
institutions
who
have
experience
and
expertise
in
the
26
collection
and
analysis
of
data
concerning
pay
disparities
27
between
men
and
women
and
minorities
and
nonminorities
28
and
whose
research
has
been
used
in
efforts
to
promote
the
29
elimination
of
such
disparities
appointed
by
the
director
of
30
the
civil
rights
commission
in
consultation
with
the
leadership
31
of
those
institutions.
32
h.
Four
members
of
the
general
assembly
serving
as
33
ex
officio,
nonvoting
members,
one
representative
to
be
34
appointed
by
the
speaker
of
the
house
of
representatives,
one
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representative
to
be
appointed
by
the
minority
leader
of
the
1
house
of
representatives,
one
senator
to
be
appointed
by
the
2
majority
leader
of
the
senate,
and
one
senator
to
be
appointed
3
by
the
minority
leader
of
the
senate.
4
2.
The
task
force
shall
study
all
of
the
following:
5
a.
The
extent
of
wage
disparities,
both
in
the
public
and
6
private
sectors,
between
men
and
women
and
between
minorities
7
and
nonminorities.
8
b.
Factors
that
cause,
or
which
tend
to
cause,
such
9
disparities,
including
segregation
between
women
and
10
men
and
between
minorities
and
nonminorities
across
and
11
within
occupations,
payment
of
lower
wages
for
work
in
12
female-dominated
occupations,
child-rearing
responsibilities,
13
the
number
of
women
who
are
heads
of
households,
education,
14
hours
worked,
and
years
on
the
job.
15
c.
The
consequences
of
such
disparities
on
the
economy
and
16
affected
families.
17
d.
Actions
likely
to
lead
to
the
elimination
and
prevention
18
of
such
disparities.
19
3.
The
civil
rights
commission
shall
provide
staffing
20
services
for
the
task
force.
21
4.
The
voting
members
shall
elect
a
chairperson
from
the
22
voting
membership
of
the
task
force.
A
majority
of
the
voting
23
members
of
the
task
force
constitutes
a
quorum.
24
5.
Voting
members
of
the
task
force
shall
receive
25
reimbursement
for
actual
expenses
incurred
while
serving
26
in
their
official
capacity
only
if
they
are
not
eligible
27
for
reimbursement
by
the
organization
that
they
represent.
28
Legislative
members
shall
be
paid
the
per
diem
and
expenses
29
specified
in
section
2.10.
30
6.
The
task
force
shall
submit
a
report
regarding
its
31
findings
and
its
recommendations
regarding
potential
actions
32
for
the
elimination
and
prevention
of
disparities
in
wages
33
between
men
and
women
and
minorities
and
nonminorities
to
the
34
governor
and
the
general
assembly
no
later
than
December
29,
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2023.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
relates
to
wage
discrimination
under
Iowa
Code
5
chapter
216,
the
Iowa
civil
rights
Act
of
1965,
and
establishes
6
an
equal
pay
task
force.
7
WAGE
DISCRIMINATION
IN
EMPLOYMENT.
The
bill
establishes
8
additional
unfair
or
discriminatory
practices
relating
to
wages
9
under
Code
section
216.6A.
Penalty
and
remedial
provisions
10
for
discriminatory
employment
practices,
including
penalties
11
specific
to
wage
discrimination,
are
applicable
under
Code
12
chapter
216
to
violations
of
these
requirements.
13
The
bill
prohibits
an
employer
from
requiring
that
an
14
employee
refrain
from
disclosing,
discussing,
or
sharing
15
information
about
the
amount
of
the
employee’s
wages,
benefits,
16
or
other
compensation
or
from
inquiring,
discussing,
or
sharing
17
information
about
any
other
employee’s
wages,
benefits,
or
18
other
compensation
as
a
condition
of
employment.
The
bill
19
prohibits
an
employer
from
requiring
that
an
employee
sign
a
20
waiver
or
other
document
that
requires
an
employee
to
refrain
21
from
engaging
in
any
of
those
activities
as
a
condition
of
22
employment.
The
bill
prohibits
an
employer
from
discriminating
23
or
retaliating
against
an
employee
for
engaging
in
any
of
the
24
activities.
25
The
bill
prohibits
an
employer
from
seeking
salary
history
26
information
from
a
potential
employee
as
a
condition
of
a
job
27
interview
or
employment.
This
provision
shall
not
be
construed
28
to
prohibit
a
prospective
employer
from
asking
a
prospective
29
employee
what
salary
level
the
prospective
employee
would
30
require
in
order
to
accept
a
job.
31
The
bill
prohibits
an
employer
from
releasing
the
salary
32
history
of
any
current
or
former
employee
to
any
prospective
33
employer
in
response
to
a
request
as
part
of
an
interview
or
34
hiring
process
without
written
authorization
from
such
current
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or
former
employee.
1
The
bill
prohibits
an
employer
from
publishing,
listing,
or
2
posting
within
the
employer’s
organization,
with
any
employment
3
agency,
job-listing
service,
or
internet
site,
or
in
any
other
4
public
manner,
an
advertisement
to
recruit
candidates
for
5
hire
or
independent
contractors
to
fill
a
position
within
the
6
employer’s
organization
without
including
the
minimum
rate
of
7
pay
of
the
position.
The
rate
of
pay
shall
include
overtime
8
and
allowances,
if
any,
claimed
as
part
of
the
minimum
wage,
9
including
but
not
limited
to
tipped
wages.
The
bill
prohibits
10
an
employer
from
paying
a
newly
hired
employee
at
less
than
the
11
rate
of
pay
advertised
for
the
employee’s
position.
12
Under
current
law,
an
employer
has
an
affirmative
defense
13
to
a
claim
under
Code
section
216.6A
if
a
pay
differential
14
is
based
on
any
other
factor
other
than
prohibited
wage
15
discrimination.
The
bill
provides
that
an
employer
has
an
16
affirmative
defense
to
a
claim
under
Code
section
216.6A
if
a
17
pay
differential
is
based
on
any
other
bona
fide
factor
other
18
than
prohibited
discrimination,
including
but
not
limited
19
to
a
bona
fide
factor
relating
to
education,
training,
or
20
experience.
However,
this
defense
shall
only
apply
if
the
21
employer
demonstrates
that
the
factor
is
not
based
on
or
22
derived
from
prohibited
wage
discrimination,
is
job
related
23
with
respect
to
the
position
in
question,
and
is
consistent
24
with
a
business
necessity.
The
bill
defines
“business
25
necessity”
as
an
overriding
legitimate
business
purpose
26
such
that
the
factor
relied
upon
effectively
fulfills
the
27
business
purpose
it
is
supposed
to
serve.
This
affirmative
28
defense
shall
not
apply
if
the
employee
demonstrates
that
an
29
alternative
business
practice
exists
that
would
serve
the
same
30
business
purpose
without
producing
the
wage
differential.
31
The
bill
provides
that
affirmative
defenses
to
a
claim
under
32
Code
section
216.6A
are
not
applicable
unless
one
or
more
of
33
the
defenses
account
for
the
entire
pay
differential
that
is
34
the
subject
of
the
claim.
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EQUAL
PAY
TASK
FORCE.
The
bill
creates
an
equal
pay
task
1
force
to
study
the
extent
of
discriminatory
wage
disparities
2
in
the
public
and
private
sectors,
the
factors
that
cause
3
such
disparities,
the
consequences
of
such
disparities,
and
4
actions
likely
to
lead
to
the
elimination
and
prevention
of
5
such
disparities.
6
The
bill
establishes
the
membership
of
the
task
force,
7
including
ex
officio,
nonvoting
legislative
members.
The
civil
8
rights
commission
shall
provide
staffing
services
for
the
task
9
force.
10
The
task
force
shall
submit
a
report
regarding
its
findings
11
and
its
recommendations
regarding
potential
actions
for
the
12
elimination
and
prevention
of
discriminatory
wage
disparities
13
to
the
governor
and
the
general
assembly
no
later
than
December
14
29,
2023.
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