House File 2165 - Introduced HOUSE FILE 2165 BY ANDERSON , McCONKEY , MASCHER , KEARNS , STAED , WOLFE , HANSON , OLSON , HUNTER , FINKENAUER , LENSING , BENNETT , GASKILL , SMITH , STECKMAN , and HALL A BILL FOR An Act to require employers to provide reasonable 1 accommodations to employees based on pregnancy or childbirth 2 and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5517HH (3) 86 je/nh

H.F. 2165 Section 1. Section 216.6, subsection 2, Code 2016, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . f. (1) An employer shall provide reasonable 3 accommodations to an employee based on medical conditions 4 related to the employee’s pregnancy or childbirth if the 5 employee so requests with the advice of the employee’s health 6 care provider. 7 (2) An employer shall not discriminate against an employee 8 due to the employee’s need for reasonable accommodation for 9 a medical condition related to the employee’s pregnancy or 10 childbirth. Actions constituting prohibited discrimination 11 under this subparagraph include but are not limited to 12 reassigning an employee to avoid making job modifications, 13 retaliating against an employee for requesting a reasonable 14 accommodation, and requiring an employee to take paid or unpaid 15 leave when a reasonable accommodation would allow the employee 16 to continue to work. 17 (3) For purposes of this lettered paragraph “f” , “reasonable 18 accommodations” means actions which would permit an employee 19 with a medical condition relating to the employee’s pregnancy 20 or childbirth to perform in a reasonable manner the activities 21 involved in the employee’s specific occupation and include but 22 are not limited to the provision of an accessible worksite, 23 acquisition or modification of equipment, job restructuring, 24 and a modified work schedule. “Reasonable accommodations” does 25 not mean any action that would impose an undue hardship on the 26 business of the employer from whom the action is requested. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill requires an employer to provide reasonable 31 accommodations to an employee based on medical conditions 32 related to the employee’s pregnancy or childbirth if the 33 employee requests reasonable accommodations with the advice 34 of the employee’s health care provider. Penalty provisions 35 -1- LSB 5517HH (3) 86 je/nh 1/ 2

H.F. 2165 for discriminatory employment practices are made applicable 1 to a failure to provide such reasonable accommodations to an 2 employee. 3 The bill prohibits an employer from discriminating 4 against an employee due to the employee’s need for reasonable 5 accommodation for a medical condition related to the employee’s 6 pregnancy or childbirth. Actions constituting prohibited 7 discrimination under this provision include but are not limited 8 to reassigning an employee to avoid making job modifications, 9 retaliating against an employee for requesting a reasonable 10 accommodation, and requiring an employee to take paid or unpaid 11 leave when a reasonable accommodation would allow the employee 12 to continue to work. 13 The bill defines “reasonable accommodations” as actions 14 which would permit an employee with a medical condition 15 relating to the employee’s pregnancy or childbirth to 16 perform in a reasonable manner the activities involved in 17 the employee’s specific occupation and include but are not 18 limited to the provision of an accessible worksite, acquisition 19 or modification of equipment, job restructuring, and a 20 modified work schedule. The bill provides that “reasonable 21 accommodations” does not mean any action that would impose an 22 undue hardship on the business of the employer from whom the 23 action is requested. 24 -2- LSB 5517HH (3) 86 je/nh 2/ 2