S.F. 2028 Section 1. FINDINGS —— PURPOSE. 1 1. The general assembly finds that denial of employment 2 opportunities to individuals because of their status as 3 unemployed is discriminatory and burdens commerce by doing one 4 or more of the following: 5 a. Reducing personal consumption and undermining economic 6 stability and growth. 7 b. Squandering human capital essential to the state’s 8 economic vibrancy and growth. 9 c. Increasing demands for unemployment insurance benefits, 10 reducing unemployment trust fund assets, and leading to higher 11 payroll taxes for employers, or cuts in unemployment insurance 12 benefits for jobless workers, or both. 13 d. Imposing additional burdens on publicly funded health and 14 welfare programs. 15 e. Depressing income, property, and other tax revenues that 16 the states and local governments rely on to support operations 17 and institutions essential to commerce. 18 2. The purposes of this Act are all of the following: 19 a. To prohibit employers and employment agencies from 20 disqualifying an individual from employment opportunities 21 because of that individual’s status as unemployed. 22 b. To prohibit employers and employment agencies from 23 publishing or posting any advertisement or announcement for 24 an employment opportunity that indicates that an individual’s 25 status as unemployed disqualifies that individual for the 26 opportunity. 27 c. To eliminate the burdens imposed on commerce due to the 28 exclusion of such individuals from employment. 29 Sec. 2. Section 216.2, Code 2011, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 14A. “Status as unemployed” means that an 32 individual, at the time of application for employment or at the 33 time of action alleged to violate this chapter, does not have a 34 job, is available for work, and is searching for work. 35 -1- LSB 5090XS (5) 84 je/rj 1/ 5

S.F. 2028 Sec. 3. Section 216.2, subsection 15, Code 2011, is amended 1 to read as follows: 2 15. “Unfair practice” or “discriminatory practice” means 3 those practices specified as unfair or discriminatory in 4 sections 216.6 , 216.6A , 216.6B, 216.7 , 216.8 , 216.8A , 216.9 , 5 216.10 , 216.11 , and 216.11A . 6 Sec. 4. NEW SECTION . 216.6B Additional unfair or 7 discriminatory practice —— unemployment status discrimination in 8 employment. 9 1. It shall be an unfair or discriminatory practice for an 10 employer to do any of the following: 11 a. Publish in print, on the internet, or in any other 12 medium, an advertisement or announcement for an employee for 13 any job that includes any of the following: 14 (1) Any provision stating or indicating that an 15 individual’s status as unemployed disqualifies the individual 16 for any employment opportunity. 17 (2) Any provision stating or indicating that the employer 18 will not consider or hire an individual for any employment 19 opportunity based on that individual’s status as unemployed. 20 b. Fail or refuse to consider for employment, or fail or 21 refuse to hire, an individual as an employee because of the 22 individual’s status as unemployed. 23 c. Direct or request that an employment agency take an 24 individual’s status as unemployed into account to disqualify 25 an applicant for consideration, screening, or referral for 26 employment as an employee. 27 2. It shall be an unfair or discriminatory practice for an 28 employment agency to do any of the following: 29 a. Publish in print, on the internet, or in any other 30 medium, an advertisement or announcement for any vacancy in a 31 job, as an employee, that includes any of the following: 32 (1) Any provision stating or indicating that an 33 individual’s status as unemployed disqualifies the individual 34 for any employment opportunity. 35 -2- LSB 5090XS (5) 84 je/rj 2/ 5

S.F. 2028 (2) Any provision stating or indicating that the employment 1 agency or an employer will not consider or hire an individual 2 for any employment opportunity based on that individual’s 3 status as unemployed. 4 b. Screen, fail or refuse to consider, or fail or refuse to 5 refer an individual for employment as an employee because of 6 the individual’s status as unemployed. 7 c. Limit, segregate, or classify any individual in any 8 manner that would limit or tend to limit the individual’s 9 access to information about jobs, or consideration, screening, 10 or referral for jobs, as an employee, solely because of an 11 individual’s status as unemployed. 12 3. This section shall not be construed to preclude an 13 employer or employment agency from considering an individual’s 14 employment history, or from examining the reasons underlying 15 an individual’s status as unemployed, in assessing an 16 individual’s ability to perform a job or in otherwise 17 making employment decisions about that individual. Such 18 consideration or examination may include an assessment of 19 whether an individual’s employment history in a similar or 20 related job for a period of time reasonably proximate to the 21 time of consideration of the individual for new employment is 22 job-related or consistent with business necessity in relation 23 to that new employment. 24 Sec. 5. Section 216.15, subsection 9, paragraph a, Code 25 2011, is amended by adding the following new subparagraph: 26 NEW SUBPARAGRAPH . (10) For an unfair or discriminatory 27 practice relating to unemployment status discrimination 28 pursuant to section 216.6B, payment to the complainant of 29 damages for an injury caused by the unfair or discriminatory 30 practice which damages shall include but are not limited to 31 actual damages, court costs, reasonable attorney fees, and any 32 of the following, if applicable: 33 (a) For an unfair or discriminatory practice relating to 34 unemployment status discrimination pursuant to section 216.6B, 35 -3- LSB 5090XS (5) 84 je/rj 3/ 5

S.F. 2028 subsection 1, paragraph “a” , or subsection 2, paragraph “a” , 1 damages in an amount not to exceed one thousand dollars for 2 each day the unfair or discriminatory practice occurs. 3 (b) For an unfair or discriminatory practice relating to 4 unemployment status discrimination pursuant to section 216.6B, 5 subsection 1, paragraph “b” or “c” , or subsection 2, paragraph 6 “b” or “c” , if wages, salary, employment benefits, or other 7 compensation have not been denied or lost to the individual, 8 damages in an amount not to exceed five thousand dollars. 9 EXPLANATION 10 This bill prohibits employment discrimination based on 11 an individual’s status as unemployed. The bill defines 12 “status as unemployed” as an individual who, at the time 13 of application for employment or at the time of an alleged 14 violation, does not have a job, is available for work, and 15 is searching for work. The Iowa civil rights commission is 16 charged with administration of the bill via existing procedures 17 for employment discrimination complaints. 18 The bill prohibits an employer from engaging in certain 19 unfair or discriminatory employment practices. An employer is 20 prohibited from publishing an advertisement or announcement 21 for employment that includes any provision stating that an 22 individual’s status as unemployed disqualifies the individual 23 for any employment opportunity or any provision stating that 24 the employer will not consider or hire an individual for any 25 employment opportunity based on that individual’s status as 26 unemployed. An employer is prohibited from failing or refusing 27 to consider for employment or failing or refusing to hire an 28 individual because of the individual’s status as unemployed. 29 An employer is prohibited from directing or requesting that an 30 employment agency take an individual’s status as unemployed 31 into account to disqualify an applicant for consideration, 32 screening, or referral for employment. 33 The bill also prohibits an employment agency from engaging 34 in certain unfair or discriminatory employment practices. 35 -4- LSB 5090XS (5) 84 je/rj 4/ 5

S.F. 2028 An employment agency is prohibited from publishing an 1 advertisement or announcement for any vacancy in a job that 2 includes any provision stating that an individual’s status 3 as unemployed disqualifies the individual for any employment 4 opportunity or any provision stating that the employment agency 5 or an employer will not consider or hire an individual for any 6 employment opportunity based on that individual’s status as 7 unemployed. An employment agency is prohibited from screening, 8 or failing or refusing to consider, or failing or refusing to 9 refer an individual for employment because of the individual’s 10 status as unemployed. An employment agency is prohibited from 11 limiting, segregating, or classifying an individual in any 12 manner that would limit the individual’s access to information 13 about jobs, or consideration, screening, or referral for jobs 14 solely because of the individual’s status as unemployed. 15 The bill provides that a prevailing complainant is entitled 16 to damages including but not limited to actual damages; court 17 costs; reasonable attorney fees; for a violation relating to 18 publication of an advertisement or announcement for employment, 19 up to $1,000 for each day the violation occurs; and for 20 any other violation, if wages, salary, employment benefits, 21 or other compensation have not been denied or lost to the 22 complainant, up to $5,000. 23 The bill is not to be construed to preclude an employer 24 or employment agency from considering an individual’s 25 employment history, or from examining the reasons underlying 26 an individual’s status as unemployed, in assessing an 27 individual’s ability to perform a job or in otherwise making 28 employment decisions about that individual. Such consideration 29 or examination may include an assessment of whether an 30 individual’s employment history in a similar or related job 31 for a period of time reasonably proximate to the time of 32 consideration for new employment is job-related or consistent 33 with business necessity in relation to that new employment. 34 -5- LSB 5090XS (5) 84 je/rj 5/ 5