HOUSE FILE 277

BY  HANUSA, CHAMBERS, HUSEMAN, IVERSON, RUNNING-MARQUARDT, ALONS, BRANDENBURG, PEARSON, COWNIE, L. MILLER, SCHULTE, J. TAYLOR, SWEENEY, M. SMITH, WITTNEBEN, MUHLBAUER, GRASSLEY, KOESTER, MASSIE, DRAKE, HAGER, HELLAND, PAUSTIAN, WORTHAN, SCHULTZ, SHAW, LUKAN, THOMAS, HEDDENS, JACOBY, RAYHONS, VANDER LINDEN, LOFGREN, J. SMITH, FORRISTALL, DEYOE, WILLEMS, KEARNS, HORBACH, KLEIN, WINDSCHITL, DE BOEF, HEIN, BALTIMORE, BYRNES, RASMUSSEN, SODERBERG, VAN ENGELENHOVEN, ARNOLD, WAGNER, HANSON, UPMEYER, GARRETT, STECKMAN, BAUDLER, ROGERS, HAGENOW, RAECKER, HEATON, GASKILL, and PAULSEN

A BILL FOR

An Act relating to the Iowa civil rights Act and discrimination based upon a person’s status as a veteran.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 216.2, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  16.  “Veteran” means the same as defined in section 35.1.
   Sec. 2.  Section 216.5, subsections 6 and 8, Code 2011, are amended to read as follows:
   6.  To issue such publications and reports of investigations and research as in the judgment of the commission shall tend to promote goodwill among the various racial, religious, and ethnic groups of the state and which shall tend to minimize or eliminate discrimination in public accommodations, employment, apprenticeship and on-the-job training programs, vocational schools, or housing because of race, creed, color, sex, sexual orientation, gender identity, national origin, religion, ancestry,or disability, or veteran status.
   8.  To make recommendations to the general assembly for such further legislation concerning discrimination because of race, creed, color, sex, sexual orientation, gender identity, national origin, religion, ancestry,or disability, or veteran status as it may deem necessary and desirable.
   Sec. 3.  Section 216.6, subsection 1, paragraphs a through c, Code 2011, are amended to read as follows:
   a.  Person to refuse to hire, accept, register, classify, or refer for employment, to discharge any employee, or to otherwise discriminate in employment against any applicant for employment or any employee because of the age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion,or disability, or veteran status of such applicant or employee, unless based upon the nature of the occupation. If a person with a disability is qualified to perform a particular occupation, by reason of training or experience, the nature of that occupation shall not be the basis for exception to the unfair or discriminating practices prohibited by this subsection.
   b.  Labor organization or the employees, agents, or members thereof to refuse to admit to membership any applicant, to expel any member, or to otherwise discriminate against any applicant for membership or any member in the privileges, rights, or benefits of such membership because of the age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion,or disability, or veteran status of such applicant or member.
   c.  Employer, employment agency, labor organization, or the employees, agents, or members thereof to directly or indirectly advertise or in any other manner indicate or publicize that individuals of any particular age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability, or veteran status are unwelcome, objectionable, not acceptable, or not solicited for employment or membership unless based on the nature of the occupation.
   (1)  If a person with a disability is qualified to perform a particular occupation by reason of training or experience, the nature of that occupation shall not be the basis for exception to the unfair or discriminating practices prohibited by this subsection.
   (2)  An employer, employment agency, or their employees, servants, or agents may offer employment or advertise for employment to only persons with disabilities, when other applicants have available to them other employment compatible with their ability which would not be available to persons with disabilities because of their disabilities. Any such employment or offer of employment shall not discriminate among persons with disabilities on the basis of race, color, creed, sex, sexual orientation, gender identity,or national origin, or veteran status.
   Sec. 4.  Section 216.6A, subsection 1, paragraph a, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   The general assembly finds that the practice of discriminating against any employee because of the age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability, or veteran status of such employee by paying wages to such employee at a rate less than the rate paid to other employees does all of the following:
   Sec. 5.  Section 216.6A, subsection 1, paragraph b, Code 2011, is amended to read as follows:
   b.  The general assembly declares that it is the policy of this state to correct and, as rapidly as possible, to eliminate, discriminatory wage practices based on age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion,and disability, and veteran status.
   Sec. 6.  Section 216.6A, subsection 2, paragraph a, Code 2011, is amended to read as follows:
   a.  It shall be an unfair or discriminatory practice for any employer or agent of any employer to discriminate against any employee because of the age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability, or veteran status of such employee by paying wages to such employee at a rate less than the rate paid to other employees who are employed within the same establishment for equal work on jobs, the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. An employer or agent of an employer who is paying wages to an employee at a rate less than the rate paid to other employees in violation of this section shall not remedy the violation by reducing the wage rate of any employee.
   Sec. 7.  Section 216.6A, subsection 3, paragraph d, Code 2011, is amended to read as follows:
   d.  Pay differential is based on any other factor other than the age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion,or disability, or veteran status of such employee.
   Sec. 8.  Section 216.7, subsection 1, paragraphs a and b, Code 2011, are amended to read as follows:
   a.  To refuse or deny to any person because of race, creed, color, sex, sexual orientation, gender identity, national origin, religion,or disability, or veteran status the accommodations, advantages, facilities, services, or privileges thereof, or otherwise to discriminate against any person because of race, creed, color, sex, sexual orientation, gender identity, national origin, religion,or disability, or veteran status in the furnishing of such accommodations, advantages, facilities, services, or privileges.
   b.  To directly or indirectly advertise or in any other manner indicate or publicize that the patronage of persons of any particular race, creed, color, sex, sexual orientation, gender identity, national origin, religion,or disability, or veteran status is unwelcome, objectionable, not acceptable, or not solicited.
   Sec. 9.  Section 216.8, subsection 1, paragraphs a through d, Code 2011, are amended to read as follows:
   a.  To refuse to sell, rent, lease, assign, sublease, refuse to negotiate, or to otherwise make unavailable, or deny any real property or housing accommodation or part, portion, or interest therein, to any person because of the race, color, creed, sex, sexual orientation, gender identity, religion, national origin, disability, veteran status, or familial status of such person.
   b.  To discriminate against any person because of the person’s race, color, creed, sex, sexual orientation, gender identity, religion, national origin, disability, veteran status, or familial status, in the terms, conditions, or privileges of the sale, rental, lease assignment, or sublease of any real property or housing accommodation or any part, portion, or interest in the real property or housing accommodation or in the provision of services or facilities in connection with the real property or housing accommodation.
   c.  To directly or indirectly advertise, or in any other manner indicate or publicize that the purchase, rental, lease, assignment, or sublease of any real property or housing accommodation or any part, portion, or interest therein, by persons of any particular race, color, creed, sex, sexual orientation, gender identity, religion, national origin, disability, veteran status, or familial status is unwelcome, objectionable, not acceptable, or not solicited.
   d.  To discriminate against the lessee or purchaser of any real property or housing accommodation or part, portion, or interest of the real property or housing accommodation, or against any prospective lessee or purchaser of the property or accommodation, because of the race, color, creed, religion, sex, sexual orientation, gender identity, disability, age, or national origin, or veteran status of persons who may from time to time be present in or on the lessee’s or owner’s premises for lawful purposes at the invitation of the lessee or owner as friends, guests, visitors, relatives, or in any similar capacity.
   Sec. 10.  Section 216.8A, subsections 1 and 2, Code 2011, are amended to read as follows:
   1.  A person shall not induce or attempt to induce another person to sell or rent a dwelling by representations regarding the entry or prospective entry into a neighborhood of a person of a particular race, color, creed, sex, sexual orientation, gender identity, religion, national origin, disability, veteran status, or familial status.
   2.  A person shall not represent to a person of a particular race, color, creed, sex, sexual orientation, gender identity, religion, national origin, disability, veteran status, or familial status that a dwelling is not available for inspection, sale, or rental when the dwelling is available for inspection, sale, or rental.
   Sec. 11.  Section 216.8A, subsection 4, paragraph a, Code 2011, is amended to read as follows:
   a.  A person whose business includes engaging in residential real estate related transactions shall not discriminate against a person in making a residential real estate related transaction available or in terms or conditions of a residential real estate related transaction because of race, color, creed, sex, sexual orientation, gender identity, religion, national origin, disability, veteran status, or familial status.
   Sec. 12.  Section 216.8A, subsection 5, Code 2011, is amended to read as follows:
   5.  A person shall not deny another person access to, or membership or participation in, a multiple-listing service, real estate brokers’ organization or other service, organization, or facility relating to the business of selling or renting dwellings, or discriminate against a person in terms or conditions of access, membership, or participation in such organization because of race, color, creed, sex, sexual orientation, gender identity, religion, national origin, disability, veteran status, or familial status.
   Sec. 13.  Section 216.9, subsection 1, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   It is an unfair or discriminatory practice for any educational institution to discriminate on the basis of race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability, or veteran status in any program or activity. Such discriminatory practices shall include but not be limited to the following practices:
   Sec. 14.  Section 216.10, subsection 1, paragraphs a through c, Code 2011, are amended to read as follows:
   a.  Creditor to refuse to enter into a consumer credit transaction or impose finance charges or other terms or conditions more onerous than those regularly extended by that creditor to consumers of similar economic backgrounds because of age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical disability, veteran status, or familial status.
   b.  Person authorized or licensed to do business in this state pursuant to chapter 524, 533, 534, 536, or 536A to refuse to loan or extend credit or to impose terms or conditions more onerous than those regularly extended to persons of similar economic backgrounds because of age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical disability, veteran status, or familial status.
   c.  Creditor to refuse to offer credit life or health and accident insurance because of color, creed, national origin, race, religion, marital status, age, physical disability, sex, sexual orientation, gender identity, veteran status, or familial status. Refusal by a creditor to offer credit life or health and accident insurance based upon the age or physical disability of the consumer shall not be an unfair or discriminatory practice if such denial is based solely upon bona fide underwriting considerations not prohibited by Title XIII, subtitle 1.
   Sec. 15.  Section 216.12A, Code 2011, is amended to read as follows:
   216.12A  Additional housing exception.
   Sections 216.8 and 216.8A do not prohibit a person engaged in the business of furnishing appraisals of real estate from taking into consideration factors other than race, color, creed, sex, sexual orientation, gender identity, religion, national origin, disability, veteran status, or familial status in appraising real estate.
EXPLANATION
   The bill prohibits discrimination in employment, wages, public accommodations, housing, education, and credit practices based upon a person’s status as a veteran. “Veteran” means the same as defined in Code section 35.1, which includes the requirement that the person defined as a veteran be a resident of this state.
   A person who claims to be aggrieved by an unfair or discriminatory practice under Code chapter 216 (Iowa’s civil rights Act) may file a complaint with the Iowa civil rights commission. If the commission determines a respondent has violated the civil rights Act, the commission has the authority to order certain relief including back pay and interest, actual expenses, an order to cease discriminatory practices, damages based on emotional distress, and reasonable attorney fees.