Bill Text: IA SF66 | 2017-2018 | 87th 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-01-18 - Subcommittee: Chapman, Boulton, and Schultz. S.J. 99. [SF66 Detail]
Download: Iowa-2017-SF66-Introduced.html
Senate File 66 - Introduced SENATE FILE BY PETERSEN 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 1104XS (6) 87 je/sc PAG LIN 1 1 Section 1. Section 216.2, Code 2017, is amended by adding 1 2 the following new subsections: 1 3 NEW SUBSECTION. 01. "Adverse action" means any action 1 4 that might dissuade a reasonable employee from engaging in 1 5 activities protected under this chapter. "Adverse action" 1 6 includes but is not limited to failing to reinstate the 1 7 employee to the employee's original job or to an equivalent 1 8 position with equivalent pay and accumulated seniority, 1 9 retirement, fringe benefits, and other applicable service 1 10 credits when the employee's need for a reasonable accommodation 1 11 ceases. 1 12 NEW SUBSECTION. 14A. "Undue hardship" means an action 1 13 requiring significant difficulty or expense. 1 14 Sec. 2. Section 216.6, subsection 2, paragraph a, Code 2017, 1 15 is amended to read as follows: 1 16 a. A written or unwritten employment policy or practice 1 17 which excludes from employment applicants or employees because 1 18 of the employee's pregnancy is aprima facieviolation of this 1 19 chapter. 1 20 Sec. 3. Section 216.6, subsection 2, Code 2017, is amended 1 21 by adding the following new paragraphs: 1 22 NEW PARAGRAPH. f. An employer shall provide to an employee 1 23 a private, secure, and sanitary space and break time to express 1 24 breast milk for a nursing child. 1 25 NEW PARAGRAPH. g. (1) For the purposes of this paragraph, 1 26 unless the context otherwise requires: 1 27 (a) "Reasonable accommodation" includes but is not limited 1 28 to more frequent or longer breaks, time off to recover 1 29 from childbirth, acquisition or modification of equipment, 1 30 performance of job duties while seated, temporary transfer to a 1 31 less strenuous or hazardous position, job restructuring, light 1 32 duty, assistance with manual labor, or modified work schedules. 1 33 (b) "Related medical condition" includes but is not limited 1 34 to lactation or the need to express breast milk for a nursing 1 35 child. 2 1 (2) It shall be an unfair or discriminatory practice for an 2 2 employer to do any of the following: 2 3 (a) Deny a reasonable accommodation in the terms, 2 4 conditions, or privileges of employment to a job applicant or 2 5 employee based on the employee's or applicant's pregnancy, 2 6 childbirth, or related medical condition if the employee or 2 7 applicant requests a reasonable accommodation, unless the 2 8 employer can demonstrate that providing the accommodation would 2 9 impose an undue hardship on the employer's program, enterprise, 2 10 or business. 2 11 (b) Retaliate or take adverse action against an employee who 2 12 requests or uses a reasonable accommodation pursuant to this 2 13 paragraph. 2 14 (c) Deny employment opportunities to a job applicant or 2 15 employee if such denial is based on the need of the employer 2 16 to make a reasonable accommodation to the job applicant or 2 17 employee pursuant to this paragraph. 2 18 (d) Require a job applicant or employee affected by 2 19 pregnancy, childbirth, or a related medical condition to accept 2 20 an accommodation that the applicant or employee declines to 2 21 accept. 2 22 (e) Require an employee to take employment leave if another 2 23 reasonable accommodation can be provided pursuant to this 2 24 paragraph without undue hardship to the employer. 2 25 (f) Make an inquiry prior to employment regarding a 2 26 job applicant's pregnancy, childbirth, or related medical 2 27 condition. 2 28 (3) An employer shall engage in a timely, good=faith, and 2 29 interactive process with an employee to determine effective 2 30 reasonable accommodations pursuant to this paragraph. 2 31 (4) (a) An employer shall have the burden of proving undue 2 32 hardship under this paragraph. In making a determination of 2 33 undue hardship, factors to be considered by the commission 2 34 include but are not limited to: 2 35 (i) The nature and cost of the accommodation. 3 1 (ii) The overall financial and other resources of the 3 2 employer. 3 3 (iii) The overall size of the business of the employer with 3 4 respect to the number of employees. 3 5 (iv) The number, type, and location of the employer's 3 6 facilities. 3 7 (b) The fact that an employer provides or would be 3 8 required to provide a similar accommodation to another class 3 9 of employees that requires such accommodation shall create a 3 10 rebuttable presumption that the accommodation does not impose 3 11 an undue hardship on the employer. 3 12 (5) An employer shall post written notice in a form 3 13 prescribed by the commission of the right to be free from 3 14 discrimination in relation to pregnancy, childbirth, or a 3 15 related medical condition, including the right to reasonable 3 16 accommodations based on pregnancy, childbirth, or a related 3 17 medical condition, pursuant to this paragraph conspicuously 3 18 at the employer's place of business in an area accessible 3 19 to employees. The notice shall state the employee's right 3 20 to a private, secure, and sanitary space and break time to 3 21 express breast milk for a nursing child and shall include the 3 22 employer's specific plan to meet this requirement. The notice 3 23 shall also be provided to the following: 3 24 (a) New employees at the commencement of employment. 3 25 (b) Existing employees by January 1, 2018. 3 26 (c) Any employee who notifies the employer of the employee's 3 27 pregnancy within ten days of such notification. 3 28 (6) The commission shall develop courses of instruction 3 29 and conduct ongoing public education efforts as necessary to 3 30 inform employers, employees, employment agencies, and job 3 31 applicants regarding their rights and responsibilities under 3 32 this paragraph. 3 33 (7) This paragraph shall not be construed to narrow 3 34 or restrict any other provision of law relating to sex 3 35 discrimination or pregnancy, or to diminish any right or 4 1 responsibility thereunder. 4 2 NEW PARAGRAPH. h. It is the intent of the general assembly 4 3 that a violation of this subsection constitutes an unfair or 4 4 discriminatory practice in violation of this chapter, subject 4 5 to the processes and remedies set forth in this chapter, and 4 6 further, that the burden=shifting analysis articulated by the 4 7 United States supreme court in McDonnell Douglas Corp. v. 4 8 Green, 411 U.S. 792 (1973), shall not be applicable to the 4 9 proper construction of this subsection. 4 10 EXPLANATION 4 11 The inclusion of this explanation does not constitute agreement with 4 12 the explanation's substance by the members of the general assembly. 4 13 This bill prohibits an employer from denying a reasonable 4 14 accommodation in the terms, conditions, or privileges of 4 15 employment to a job applicant or employee based on the 4 16 employee's or applicant's pregnancy, childbirth, or related 4 17 medical condition upon request, unless the employer can 4 18 demonstrate that providing the accommodation would impose an 4 19 undue hardship on the employer. 4 20 The bill prohibits an employer from retaliating or taking 4 21 adverse action against an employee who requests or uses such a 4 22 reasonable accommodation. 4 23 The bill prohibits an employer from denying employment 4 24 opportunities to a job applicant or employee if such denial is 4 25 based on the need of the employer to make such a reasonable 4 26 accommodation. 4 27 The bill prohibits an employer from requiring a job 4 28 applicant or employee affected by pregnancy, childbirth, or a 4 29 related medical condition to accept an accommodation that the 4 30 applicant or employee declines to accept. 4 31 The bill prohibits an employer from requiring an employee 4 32 to take employment leave if another reasonable accommodation 4 33 can be provided pursuant to the bill without undue hardship to 4 34 the employer. 4 35 The bill prohibits an employer from making an inquiry 5 1 prior to employment regarding a job applicant's pregnancy, 5 2 childbirth, or related medical condition. 5 3 The bill defines "reasonable accommodation" to include but 5 4 not be limited to more frequent or longer breaks, time off 5 5 to recover from childbirth, acquisition or modification of 5 6 equipment, performance of job duties while seated, temporary 5 7 transfer to a less strenuous or hazardous position, job 5 8 restructuring, light duty, break time and private non=bathroom 5 9 space for expressing breast milk, assistance with manual labor, 5 10 or modified work schedules. 5 11 The bill defines "related medical condition" to include but 5 12 not be limited to lactation or the need to express breast milk 5 13 for a nursing child. 5 14 The bill defines "adverse action" as any action that might 5 15 dissuade a reasonable employee from engaging in activities 5 16 protected under Code chapter 216 and specifies that "adverse 5 17 action" includes but is not limited to failing to reinstate the 5 18 employee to the employee's original job or to an equivalent 5 19 position with equivalent pay and accumulated seniority, 5 20 retirement, fringe benefits, and other applicable service 5 21 credits when the employee's need for a reasonable accommodation 5 22 ceases. 5 23 The bill defines "undue hardship" as an action requiring 5 24 significant difficulty or expense. 5 25 The bill requires an employer to engage in a timely, 5 26 good=faith, and interactive process with an employee to 5 27 determine effective reasonable accommodations pursuant to the 5 28 bill. 5 29 The bill specifies that an employer shall have the burden 5 30 of proving undue hardship under the bill. The bill provides 5 31 a nonexclusive list of factors to be considered by the civil 5 32 rights commission in making such a determination. The bill 5 33 specifies that an employer who provides or would be required to 5 34 provide a similar accommodation to another class of employees 5 35 that requires such accommodation shall create a rebuttable 6 1 presumption that the accommodation does not impose an undue 6 2 hardship on the employer. 6 3 The bill requires an employer to post written notice of the 6 4 right to be free from discrimination in relation to pregnancy, 6 5 childbirth, or a related medical condition, including the 6 6 right to reasonable accommodations and a private, secure, 6 7 and sanitary space and break time to express breast milk for 6 8 a nursing child, conspicuously at the employer's place of 6 9 business in an area accessible to employees. The bill also 6 10 requires such notice to be provided to new employees, existing 6 11 employees by January 1, 2018, and any employee who notifies the 6 12 employer of the employee's pregnancy. 6 13 The bill requires the civil rights commission to develop 6 14 courses of instruction and conduct ongoing public education 6 15 efforts as necessary to inform employers, employees, employment 6 16 agencies, and job applicants regarding their rights and 6 17 responsibilities under the bill. 6 18 The preceding provisions of the bill shall not be construed 6 19 to narrow or restrict any other provision of law relating to 6 20 sex discrimination or pregnancy, or to diminish any right or 6 21 responsibility thereunder. 6 22 The bill requires an employer to provide to an employee a 6 23 private, secure, and sanitary space and break time to express 6 24 breast milk for a nursing child. 6 25 Under current law, a written or unwritten employment policy 6 26 or practice which excludes from employment applicants or 6 27 employees because of the employee's pregnancy is a prima facie 6 28 violation of Code chapter 216. The bill removes the phrase 6 29 "prima facie," so that such employment policies or practices 6 30 are violations of Code chapter 216. 6 31 The bill states that it is the intent of the general 6 32 assembly that a violation of Code section 216.6, subsection 2, 6 33 which governs employment policies relating to pregnancy and 6 34 childbirth, constitutes an unfair or discriminatory practice 6 35 in violation of Code chapter 216, subject to the processes 7 1 and remedies set forth in Code chapter 216, and further, that 7 2 the burden=shifting analysis articulated by the United States 7 3 supreme court in McDonnell Douglas Corp. v. Green, 411 U.S. 792 7 4 (1973), shall not be applicable to the proper construction of 7 5 Code section 216.6, subsection 2. 7 6 Penalty provisions for discriminatory employment practices 7 7 are applicable to the requirements established in the bill. LSB 1104XS (6) 87 je/sc
