Bill Text: IA SF435 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act requiring employers to provide reasonable accommodations to employees based on pregnancy or childbirth and providing civil penalties.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2023-03-02 - Subcommittee: Kraayenbrink, Boulton, and J. Taylor. S.J. 464. [SF435 Detail]
Download: Iowa-2023-SF435-Introduced.html
Senate
File
435
-
Introduced
SENATE
FILE
435
BY
BOULTON
,
PETERSEN
,
QUIRMBACH
,
WAHLS
,
JOCHUM
,
TRONE
GARRIOTT
,
WEINER
,
CELSI
,
T.
TAYLOR
,
KNOX
,
GIDDENS
,
and
DONAHUE
A
BILL
FOR
An
Act
requiring
employers
to
provide
reasonable
accommodations
1
to
employees
based
on
pregnancy
or
childbirth
and
providing
2
civil
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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435
Section
1.
NEW
SECTION
.
216.23
Reasonable
accommodations
to
1
employees
——
pregnancy
or
childbirth.
2
1.
An
employer
shall
provide
reasonable
accommodations
3
to
an
employee
based
on
medical
conditions
related
to
the
4
employee’s
pregnancy
or
childbirth
if
the
employee
so
requests
5
with
the
advice
of
the
employee’s
health
care
provider.
6
2.
For
purposes
of
this
section,
“reasonable
accommodations”
7
means
actions
which
would
permit
an
employee
with
a
medical
8
condition
relating
to
the
employee’s
pregnancy
or
childbirth
to
9
perform
in
a
reasonable
manner
the
activities
involved
in
the
10
employee’s
specific
occupation
and
include
but
are
not
limited
11
to
the
provision
of
an
accessible
worksite,
acquisition
or
12
modification
of
equipment,
job
restructuring,
and
a
modified
13
work
schedule.
“Reasonable
accommodations”
does
not
mean
any
14
action
that
would
impose
an
undue
hardship
on
the
business
of
15
the
employer
from
whom
the
action
is
requested.
16
Sec.
2.
NEW
SECTION
.
216.24
Penalties.
17
An
employer
who
violates
section
216.23
is
subject
to
a
civil
18
penalty
of
up
to
seven
hundred
fifty
dollars.
19
Sec.
3.
NEW
SECTION
.
216.25
Duties
and
authority
of
the
20
director.
21
1.
The
director
shall
adopt
rules
to
implement
and
enforce
22
section
216.23
and
shall
provide
exemptions
from
the
provisions
23
of
section
216.23
where
reasonable.
24
2.
In
order
to
carry
out
the
purposes
of
section
216.23,
25
the
director
or
the
director’s
representative,
upon
presenting
26
appropriate
credentials
to
the
owner,
operator,
or
agent
in
27
charge,
may:
28
a.
Inspect
employment
records
relating
to
the
total
number
29
of
employees
and
pregnant
employees
or
employees
recovering
30
from
childbirth,
and
the
services
provided
to
pregnant
31
employees
or
employees
recovering
from
childbirth.
32
b.
Interview
an
employer,
owner,
operator,
agent,
or
33
employee,
during
working
hours
or
at
other
reasonable
times.
34
Sec.
4.
NEW
SECTION
.
216.26
Collective
bargaining
35
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435
agreements.
1
Compliance
with
the
minimum
standards
required
in
section
2
216.23
shall
not
be
subject
to
or
considered
in
collective
3
bargaining.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
This
bill
requires
employers
to
provide
reasonable
8
accommodations
to
employees
based
on
pregnancy
or
childbirth.
9
The
bill
requires
an
employer
to
provide
reasonable
10
accommodations
to
an
employee
based
on
medical
conditions
11
related
to
the
employee’s
pregnancy
or
childbirth
if
the
12
employee
requests
reasonable
accommodations
with
the
advice
of
13
the
employee’s
health
care
provider.
14
The
bill
defines
“reasonable
accommodations”
as
actions
15
which
would
permit
an
employee
with
a
medical
condition
16
relating
to
the
employee’s
pregnancy
or
childbirth
to
17
perform
in
a
reasonable
manner
the
activities
involved
in
18
the
employee’s
specific
occupation
and
include
but
are
not
19
limited
to
the
provision
of
an
accessible
worksite,
acquisition
20
or
modification
of
equipment,
job
restructuring,
and
a
21
modified
work
schedule.
The
bill
provides
that
“reasonable
22
accommodations”
does
not
mean
any
action
that
would
impose
an
23
undue
hardship
on
the
business
of
the
employer
from
whom
the
24
action
is
requested.
25
The
bill
provides
that
an
employer
who
violates
the
bill
26
is
subject
to
a
civil
penalty
of
up
to
$750.
The
director
of
27
the
civil
rights
commission
shall
adopt
rules
to
enforce
the
28
bill
and
provide
exemptions
where
reasonable.
The
director
29
or
director’s
representative
upon
presenting
appropriate
30
credentials
to
the
person
in
charge
may
inspect
employment
31
records
relating
to
the
total
number
of
employees
and
pregnant
32
employees
or
employees
recovering
from
childbirth
and
the
33
services
provided
to
pregnant
employees
or
employees
recovering
34
from
childbirth,
as
well
as
interview
an
employer,
operator,
35
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