House
File
110
-
Introduced
HOUSE
FILE
110
BY
WESSEL-KROESCHELL
A
BILL
FOR
An
Act
relating
to
sexual
harassment
in
employment
policies
and
1
protections,
and
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
216.6B
Additional
unfair
or
1
discriminatory
practice
——
sexual
harassment
in
employment.
2
1.
a.
As
used
in
this
section,
“sexual
harassment”
means
3
persistent,
repetitive,
or
highly
egregious
conduct
directed
at
4
a
specific
individual
or
group
of
individuals
that
a
reasonable
5
person
would
interpret
as
intentional
harassment
of
a
sexual
6
nature,
taking
into
consideration
the
full
context
in
which
the
7
conduct
occurs,
which
conduct
threatens
to
impair
the
ability
8
of
a
person
to
perform
the
duties
of
employment.
9
b.
“Sexual
harassment”
may
include
but
is
not
limited
to
the
10
following:
11
(1)
Unsolicited
sexual
advances
by
a
person
toward
another
12
person
who
has
clearly
communicated
the
other
person’s
desire
13
not
to
be
the
subject
of
those
advances.
14
(2)
Sexual
advances
or
propositions
made
by
a
person
having
15
superior
authority
toward
another
person
within
the
workplace.
16
(3)
Instances
of
offensive
sexual
remarks
or
speech
or
17
graphic
sexual
displays
directed
at
a
person
in
the
workplace,
18
who
has
clearly
communicated
the
person’s
objection
to
that
19
conduct,
and
where
the
person
is
not
free
to
avoid
that
conduct
20
due
to
the
requirements
of
the
employment.
21
2.
All
employers,
employment
agencies,
and
labor
22
organizations
have
an
obligation
to
ensure
a
workplace
that
is
23
free
from
sexual
harassment.
24
3.
Every
employer
shall:
25
a.
Adopt
a
written
policy
against
sexual
harassment
which
26
shall
include
all
of
the
following:
27
(1)
A
statement
that
sexual
harassment
in
the
workplace
is
28
unlawful.
29
(2)
A
statement
that
it
is
unlawful
to
retaliate
against
30
an
employee
for
filing
a
complaint
of
sexual
harassment
or
for
31
cooperating
in
an
investigation
of
sexual
harassment.
32
(3)
A
description
and
examples
of
sexual
harassment.
33
(4)
A
statement
of
the
range
of
consequences
for
employees
34
who
commit
sexual
harassment.
35
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(5)
If
the
employer
has
more
than
three
employees,
a
1
description
of
the
process
for
filing
internal
complaints
about
2
sexual
harassment
and
the
names,
addresses,
and
telephone
3
numbers
of
the
person
or
persons
to
whom
complaints
should
be
4
made.
5
(6)
The
complaint
process
of
the
appropriate
local,
state,
6
and
federal
employment
discrimination
enforcement
agencies,
and
7
directions
as
to
how
to
contact
such
agencies.
8
b.
Post
in
a
prominent
and
accessible
location
in
the
9
workplace,
a
poster
providing,
at
a
minimum,
the
elements
of
10
the
employer's
sexual
harassment
policy
required
by
paragraph
11
“a”
.
12
c.
Provide
to
all
employees
a
written
copy
of
the
employer's
13
policy
against
sexual
harassment.
14
4.
a.
An
employer
shall
provide
a
copy
of
the
employer’s
15
written
policies
to
new
employees
when
hired.
16
b.
If
an
employer
makes
changes
to
its
policy
against
sexual
17
harassment,
the
employer
shall
provide
to
all
employees
a
18
written
copy
of
the
updated
policy.
19
5.
The
commission
shall
prepare
and
provide
to
employers
a
20
model
policy
and
a
model
poster,
which
may
be
used
by
employers
21
for
the
purposes
of
this
section.
22
6.
An
assertion
that
an
employee
did
not
receive
the
23
information
required
to
be
provided
by
this
section
shall
24
not
result
in
the
automatic
liability
of
any
employer
to
any
25
current
or
former
employee
or
applicant
in
any
action
alleging
26
sexual
harassment.
An
employer’s
compliance
with
the
notice
27
requirements
of
this
section
does
not
preclude
the
employer
28
from
liability
for
sexual
harassment
of
any
current
or
former
29
employee
or
applicant.
30
7.
a.
Employers
and
labor
organizations
are
encouraged
to
31
conduct
an
education
and
training
program
for
all
new
employees
32
and
members
that
includes
at
a
minimum
all
the
information
33
outlined
in
this
section
within
one
year
after
commencement
of
34
employment.
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b.
Employers
and
labor
organizations
are
encouraged
to
1
conduct
an
annual
education
and
training
program
for
all
2
employees
and
members
that
includes
at
a
minimum
all
the
3
information
outlined
in
this
section.
4
c.
Employers
are
encouraged
to
conduct
additional
training
5
for
new
supervisory
and
managerial
employees
and
members
within
6
one
year
after
commencement
of
employment
or
membership,
which
7
should
include
at
a
minimum
the
information
outlined
in
this
8
section,
the
specific
responsibilities
of
supervisory
and
9
managerial
employees,
and
the
actions
that
these
employees
must
10
take
to
ensure
immediate
and
appropriate
corrective
action
in
11
addressing
sexual
harassment
complaints.
12
d.
Employers,
labor
organizations,
and
appropriate
state
13
agencies
are
encouraged
to
cooperate
in
making
this
training
14
available.
15
8.
a.
An
employer
shall
not
require
any
employee
or
16
prospective
employee,
as
a
condition
of
employment,
to
sign
an
17
agreement
or
waiver
that
does
any
of
the
following:
18
(1)
Prohibits,
prevents,
or
otherwise
restricts
the
19
employee
or
prospective
employee
from
opposing,
disclosing,
20
reporting,
or
participating
in
an
investigation
of
sexual
21
harassment.
22
(2)
Except
as
otherwise
permitted
by
state
or
federal
law,
23
purports
to
waive
a
substantive
or
procedural
right
or
remedy
24
available
to
the
employee
with
respect
to
a
claim
of
sexual
25
harassment.
26
b.
An
agreement
to
settle
a
sexual
harassment
claim
shall
27
expressly
state
all
of
the
following:
28
(1)
That
the
agreement
does
not
prohibit,
prevent,
or
29
otherwise
restrict
the
individual
who
made
the
claim
from
doing
30
any
of
the
following:
31
(a)
Lodging
a
complaint
of
sexual
harassment
committed
by
32
any
person
with
the
commission,
the
federal
equal
employment
33
opportunity
commission,
or
any
other
local,
state,
or
federal
34
agency.
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(b)
Testifying,
assisting,
or
participating
in
any
manner
1
with
an
investigation
related
to
a
claim
of
sexual
harassment
2
conducted
by
the
commission,
the
federal
equal
employment
3
opportunity
commission,
or
any
other
local,
state,
or
federal
4
agency.
5
(c)
Complying
with
a
valid
request
for
discovery
in
relation
6
to
civil
litigation
or
testifying
in
a
hearing
or
trial
7
related
to
a
claim
of
sexual
harassment
that
is
conducted
by
a
8
court,
pursuant
to
an
arbitration
agreement,
or
before
another
9
appropriate
tribunal.
10
(d)
Exercising
any
right
the
individual
may
have
pursuant
to
11
state
or
federal
labor
relations
laws
to
engage
in
concerted
12
activities
with
other
employees
for
the
purposes
of
collective
13
bargaining
or
mutual
aid
and
protection.
14
(e)
(i)
For
the
purposes
of
this
subparagraph
division,
15
“pursuing”
means
taking
steps
to
file
a
criminal
complaint
16
including
but
not
limited
to
speaking
with
a
peace
officer
17
as
defined
in
section
801.4
or
a
county
attorney
regarding
18
criminal
harassment,
filing
a
criminal
complaint,
or
assisting
19
a
peace
officer
or
county
attorney
in
the
prosecution
of
a
20
criminal
complaint.
21
(ii)
Pursuing
a
criminal
harassment
complaint
pursuant
to
22
section
708.7.
23
(2)
That
the
agreement
does
not
waive
any
rights
or
claims
24
that
may
arise
after
the
date
the
settlement
agreement
is
25
executed.
26
c.
Any
provision
of
an
agreement
to
settle
a
sexual
27
harassment
claim
that
violates
paragraph
“b”
shall
be
void
and
28
unenforceable
against
the
individual
who
made
the
claim.
29
d.
Nothing
in
subparagraph
(2)
of
paragraph
“b”
shall
be
30
construed
to
prevent
an
agreement
to
settle
a
sexual
harassment
31
claim
from
waiving
or
releasing
the
claimant’s
right
to
seek
32
or
obtain
any
remedies
relating
to
sexual
harassment
of
the
33
claimant
by
another
party
to
the
agreement
that
occurred
before
34
the
date
on
which
the
agreement
is
executed.
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e.
(1)
(a)
(i)
For
the
purpose
of
assessing
compliance
1
with
the
provisions
of
this
section,
the
commission
may
with
2
48
hours’
notice,
at
reasonable
times
and
without
unduly
3
disrupting
business
operations,
enter
and
inspect
any
place
4
of
employment,
question
any
person
who
is
authorized
by
5
the
employer
to
receive
or
investigate
complaints
of
sexual
6
harassment,
and
examine
an
employer’s
records,
policies,
7
procedures,
and
training
materials
related
to
the
prevention
of
8
sexual
harassment
and
the
requirements
of
this
section.
9
(ii)
An
employer
may
agree
to
waive
or
shorten
the
48-hour
10
notice
period.
11
(iii)
As
used
in
subparagraph
subdivision
(i),
the
term
12
“records”
includes
de-identified
data
regarding
the
number
of
13
complaints
of
sexual
harassment
received
and
the
resolution
of
14
each
complaint.
15
(b)
The
employer
shall
at
reasonable
times
and
without
16
unduly
disrupting
business
operations
make
any
persons
who
are
17
authorized
by
the
employer
to
receive
or
investigate
complaints
18
of
sexual
harassment
and
any
records,
policies,
procedures,
19
and
training
materials
related
to
the
prevention
of
sexual
20
harassment
and
the
requirements
of
this
section
available
to
21
the
commission
or
designee.
22
(2)
Following
an
inspection
and
examination
pursuant
to
23
subparagraph
division
(a)
of
this
paragraph
“e”
,
the
commission
24
shall
notify
the
employer
of
the
results
of
the
inspection
and
25
examination,
including
any
issues
or
deficiencies
identified,
26
provide
resources
regarding
practices
and
procedures
for
the
27
prevention
of
sexual
harassment
that
the
employer
may
wish
28
to
adopt
or
utilize,
and
identify
any
technical
assistance
29
that
the
commission
may
be
able
to
provide
to
help
the
30
employer
address
any
identified
issues
or
deficiencies.
If
31
the
commission
determines
that
it
is
necessary
to
ensure
the
32
employer’s
workplace
is
free
from
sexual
harassment,
the
33
employer
may
be
required,
for
a
period
of
up
to
three
years,
to
34
provide
an
annual
education
and
training
program
that
satisfies
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the
provisions
of
subparagraph
(4)
of
this
paragraph
“e”
to
all
1
employees
or
to
conduct
an
annual,
anonymous
working-climate
2
survey,
or
both.
3
(3)
Pursuant
to
and
consistent
with
section
216.15,
4
subsection
5,
the
commission
shall
keep
the
records,
materials,
5
and
information
related
to
or
obtained
through
an
inspection
6
carried
out
through
an
investigation
or
effort
to
resolve
a
7
discriminatory
or
unfair
practice
confidential.
8
(4)
If
required
by
the
commission
pursuant
to
subparagraph
9
(2)
of
this
paragraph
“e”
,
an
employer
shall
conduct
all
of
the
10
following:
11
(a)
An
annual
education
and
training
program
for
all
12
employees
that
includes
at
a
minimum
all
the
information
13
outlined
in
this
section.
14
(b)
An
annual
education
and
training
program
for
15
supervisory
and
managerial
employees
that
includes
at
a
minimum
16
all
the
information
outlined
in
subparagraph
(2)
of
this
17
paragraph
“e”
,
the
specific
responsibilities
of
supervisory
18
and
managerial
employees,
and
the
actions
that
these
employees
19
must
take
to
ensure
immediate
and
appropriate
corrective
action
20
taken
in
addressing
sexual
harassment
complaints.
21
9.
Upon
timely
application
to
the
court
in
which
an
action
22
involving
an
issue
raised
under
this
section
is
pending,
the
23
attorney
general
may
intervene
as
a
party
at
any
time
or
may
be
24
heard
at
any
time.
25
10.
The
commission
shall
adopt
rules
pursuant
to
chapter
17A
26
to
administer
this
section.
27
Sec.
2.
Section
19B.12,
subsection
4,
Code
2019,
is
amended
28
to
read
as
follows:
29
4.
The
department
of
administrative
services
for
all
state
30
agencies,
and
the
state
board
of
regents
for
its
institutions,
31
shall
adopt
rules
and
appropriate
internal,
confidential
32
grievance
procedures
to
implement
this
section
,
and
shall
33
adopt
procedures
for
determining
violations
of
this
section
34
and
for
ordering
appropriate
dispositions
that
may
include,
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but
are
not
limited
to,
discharge,
suspension,
or
reduction
in
1
rank
or
grade
as
defined
in
section
8A.413,
subsection
19
.
An
2
accurate
representation
of
all
complaints
of
sexual
harassment
3
shall
be
forwarded
to
the
employee
accused
of
harassment
and
4
the
supervisor
of
the
complainant
accompanied
by
a
statement
5
indicating
that
retaliation
is
prohibited
by
section
216.11,
6
subsection
2.
7
Sec.
3.
Section
216.2,
subsection
15,
Code
2019,
is
amended
8
to
read
as
follows:
9
15.
“Unfair
practice”
or
“discriminatory
practice”
means
10
those
practices
specified
as
unfair
or
discriminatory
in
11
sections
216.6
,
216.6A
,
216.6B,
216.7
,
216.8
,
216.8A
,
216.9
,
12
216.10
,
216.11
,
and
216.11A
.
13
Sec.
4.
Section
216.15,
subsection
1,
Code
2019,
is
amended
14
to
read
as
follows:
15
1.
Any
person
claiming
to
be
aggrieved
by
a
discriminatory
16
or
unfair
practice
may,
in
person
or
by
an
attorney,
make,
17
sign,
and
file
with
send
to
the
commission
a
verified
,
written
18
complaint
which
shall
state
the
name
and
address
of
the
person,
19
employer,
employment
agency,
or
labor
organization
alleged
20
to
have
committed
the
discriminatory
or
unfair
practice
of
21
which
complained,
shall
set
forth
the
particulars
thereof,
and
22
shall
contain
such
other
information
as
may
be
required
by
the
23
commission.
The
commission,
a
commissioner,
or
the
attorney
24
general
may
in
like
manner
make,
sign,
and
file
such
complaint.
25
The
complaint
of
the
commission,
commissioner,
or
attorney
26
general
shall
include
a
statement
setting
forth
the
prohibition
27
against
retaliation
pursuant
to
section
216.11,
subsection
2.
28
Sec.
5.
Section
216.15,
subsection
3,
paragraph
a,
Code
29
2019,
is
amended
to
read
as
follows:
30
a.
After
the
filing
submission
of
a
verified
complaint,
a
31
true
copy
an
accurate
representation
thereof
shall
be
served
32
within
twenty
days
on
the
person
against
whom
the
complaint
33
is
filed
submitted
,
except
as
provided
in
subsection
4
.
34
Additionally,
with
the
complaint,
a
statement
setting
forth
the
35
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prohibition
against
retaliation
pursuant
to
section
216.11,
1
subsection
2,
shall
be
served.
An
authorized
member
of
the
2
commission
staff
shall
make
a
prompt
investigation
and
shall
3
issue
a
recommendation
to
an
administrative
law
judge
employed
4
either
by
the
commission
or
by
the
division
of
administrative
5
hearings
created
by
section
10A.801
,
who
shall
then
issue
a
6
determination
of
probable
cause
or
no
probable
cause.
7
Sec.
6.
ENHANCED
REPORTING
OF
DISCRIMINATION
AND
SEXUAL
8
HARASSMENT.
9
1.
On
or
before
December
15,
2019,
the
Iowa
civil
rights
10
commission
shall
develop
and
implement
enhanced
mechanisms
for
11
employees
to
submit
complaints
of
discrimination
and
sexual
12
harassment
in
employment.
13
2.
The
methods
shall
include,
at
a
minimum,
an
easy-to-use
14
portal
on
the
Iowa
civil
rights
commission’s
website
and
a
15
telephone
hotline.
Each
method
shall
provide
a
clear
statement
16
that
information
submitted
may
be
referred
to
the
federal
equal
17
employment
opportunity
commission
or
a
local
agency
that
has
18
jurisdiction
over
the
complaint.
19
Sec.
7.
PUBLIC
EDUCATION
AND
OUTREACH.
20
1.
On
or
before
December
15,
2019,
the
Iowa
civil
rights
21
commission
shall
develop
a
public
education
and
outreach
22
program
that
is
designed
to
make
Iowa
employees
and
employers
23
aware
of:
24
a.
Methods
for
reporting
employment
discrimination
and
25
sexual
harassment.
26
b.
Where
to
find
information
regarding
the
following:
27
(1)
The
laws
related
to
employment
discrimination
and
28
sexual
harassment.
29
(2)
Best
practices
for
preventing
employment
discrimination
30
and
sexual
harassment.
31
2.
The
program
may
include
printed
informational
and
32
training
materials
and
in-person
seminars
and
workshops.
33
Sec.
8.
REPORT
BY
THE
IOWA
CIVIL
RIGHTS
COMMISSION
TO
THE
34
GENERAL
ASSEMBLY
AND
THE
GOVERNOR.
On
or
before
January
15,
35
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2020,
the
Iowa
civil
rights
commission,
in
consultation
with
1
the
attorney
general,
shall
submit
to
the
general
assembly
and
2
the
governor
a
report.
The
report
shall
include
all
of
the
3
following:
4
1.
Information
regarding
the
implementation
of
the
enhanced
5
reporting
mechanisms
for
instances
of
employment
discrimination
6
and
sexual
harassment,
including
all
of
the
following:
7
a.
A
detailed
description
of
how
any
existing
reporting
8
mechanisms
were
enhanced
and
any
new
reporting
mechanisms
that
9
were
implemented.
10
b.
A
summary
of
changes,
if
any,
in
the
annual
number
11
of
complaints
of
employment
discrimination
and
sexual
12
harassment
received
and
the
number
of
complaints
resulting
in
13
an
investigation,
settlement,
or
actions
in
courts
in
Iowa,
14
including
state
and
federal
courts,
during
calendar
years
2019
15
and
2020
in
comparison
to
calendar
years
2017
and
2018.
16
c.
The
number
of
employees
and
other
persons
that
reported
17
employment
discrimination
or
sexual
harassment
to
their
18
employer,
supervisor,
or
the
person
for
whom
they
were
working
19
prior
to
making
a
complaint
in
comparison
to
the
number
that
20
did
not,
and
the
reasons
that
employees
and
other
persons
gave
21
for
not
reporting
the
discrimination
or
sexual
harassment
to
22
their
employer,
supervisor,
or
the
person
for
whom
they
were
23
working
prior
to
making
a
complaint.
24
d.
Any
suggestion
for
legislative
action
to
enhance
further
25
the
reporting
mechanisms
or
to
reduce
the
amount
of
employment
26
discrimination
and
sexual
harassment.
27
2.
An
examination
of
mechanisms
to
provide
notice
to
the
28
Iowa
civil
rights
commission
of
agreements
to
settle
sexual
29
harassment
claims
that
contain
a
nondisclosure
provision
and
30
mechanisms
to
render
provisions
of
agreements
to
settle
sexual
31
harassment
claims
that
include
nondisclosure
agreements
void
32
and
nonenforceable
if,
in
relation
to
a
separate
claim,
the
33
alleged
harasser
is
later
found
by
a
court
or
tribunal
of
34
competent
jurisdiction
to
have
engaged
in
sexual
harassment
or
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retaliation
in
relation
to
a
claim
of
sexual
harassment.
The
1
report
shall
also
identify
mechanisms,
including
legal
issues,
2
advantages,
and
disadvantages,
to
accomplish
potential
changes
3
described
in
subsection
2,
and
review
and
examine
laws
and
4
pending
legislation
in
other
states
that
are
related
to
this
5
subsection
2.
6
Sec.
9.
MODEL
POLICY
AND
POSTER
BY
THE
IOWA
CIVIL
RIGHTS
7
COMMISSION.
On
or
before
September
15,
2019,
the
Iowa
civil
8
rights
commission
shall
create
the
model
policy
and
model
9
poster
required
pursuant
to
section
216.6B,
subsection
5,
to
10
reflect
the
provisions
of
this
Act.
11
Sec.
10.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
12
3,
shall
not
apply
to
this
Act.
13
Sec.
11.
CONTINGENT
EFFECTIVE
DATE.
The
following
take
14
effect
upon
the
Iowa
civil
rights
commission’s
creation
15
pursuant
to
section
216.6B,
subsection
5,
of
the
model
policy
16
and
model
poster:
17
1.
The
provisions
of
this
Act
enacting
section
216.6B,
18
subsections
3
and
4.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
relates
to
sexual
harassment
in
employment.
23
NEW
CODE
SECTION
216.6B.
The
bill
creates
new
Code
section
24
216.6B
(additional
unfair
or
discriminatory
practice
——
sexual
25
harassment
in
employment)
in
the
Iowa
civil
rights
Act.
The
26
bill
defines
sexual
harassment
similarly
to
Code
chapter
19B.
27
The
bill
requires
that
every
employer
adopt
a
written
policy
28
against
sexual
harassment
and
prescribes
what
the
policy
29
must
include.
The
bill
requires
that
the
employer
post
the
30
policy
in
a
prominent
and
accessible
location
in
the
workplace
31
and
provide
an
individual
written
copy
of
the
policy
to
all
32
employees.
The
bill
requires
that
employers
provide
copies
33
of
the
written
policies
to
employees
upon
hire
and
provides
34
written
copies
of
updated
policies
to
employees
when
changes
35
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are
made.
These
provisions
of
the
bill
are
not
effective
until
1
the
Iowa
civil
rights
commission
(commission)
prepares
and
2
provides
to
employers
a
model
policy
and
model
poster
regarding
3
sexual
harassment,
which
is
a
requirement
of
the
bill.
4
The
bill
provides
that
an
assertion
that
an
individual
did
5
not
receive
the
information
required
to
be
provided
by
the
bill
6
shall
not
result
in
the
automatic
liability
of
any
employer
7
to
any
current
or
former
employee
or
applicant
in
any
action
8
alleging
sexual
harassment.
The
bill
further
provides
that
9
an
employer’s
compliance
with
the
notice
requirements
of
the
10
bill
does
not
preclude
the
employer
from
liability
for
sexual
11
harassment
of
any
current
or
former
employee
or
applicant.
12
The
bill
encourages
employers
and
labor
organizations
to
13
conduct
annual
education
and
training
programs
on
the
topic
of
14
sexual
harassment.
15
The
bill
provides
that
an
employer
shall
not
require
any
16
employee
or
prospective
employee,
as
a
condition
of
employment,
17
to
sign
an
agreement
or
waiver
that
does
any
of
the
following:
18
(1)
prohibits,
prevents,
or
otherwise
restricts
the
employee
or
19
prospective
employee
from
opposing,
disclosing,
reporting,
or
20
participating
in
an
investigation
of
sexual
harassment,
or
(2)
21
except
as
otherwise
permitted
by
state
or
federal
law,
purports
22
to
waive
a
substantive
or
procedural
right
to
remedy
available
23
to
the
employee
with
respect
to
a
claim
of
sexual
harassment.
24
The
bill
sets
forth
what
an
agreement
to
settle
a
sexual
25
harassment
claim
shall
state,
including
that
it
does
not
26
waive
any
rights
or
claims
that
may
arise
after
the
date
the
27
settlement
agreement
is
executed
and
that
it
does
not
prohibit,
28
prevent,
or
otherwise
restrict
the
individual
who
made
the
29
claim
from
exercising
enumerated
rights.
The
bill
provides
30
that
an
agreement
to
settle
a
sexual
harassment
claim
that
31
violates
such
provisions
is
void
and
unenforceable
against
the
32
person
who
made
the
claim.
33
The
bill
provides
that
the
commission,
in
order
to
assess
34
compliance
with
the
provisions
of
this
new
Code
section,
35
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shall
be
able
to,
with
48
hours’
notice,
at
reasonable
times
1
and
without
unduly
disrupting
business
operations,
enter
and
2
inspect
any
place
of
employment,
question
any
person
who
is
3
authorized
by
the
employer
to
receive
or
investigate
complaints
4
of
sexual
harassment,
and
examine
an
employer’s
records,
5
policies,
procedures,
and
training
materials
related
to
the
6
prevention
of
sexual
harassment
and
the
requirements
of
the
7
Code
section.
The
bill
requires
the
employer
to
at
reasonable
8
times
and
without
unduly
disrupting
business
operations
make
9
any
persons
who
are
authorized
by
the
employer
to
receive
or
10
investigate
complaints
of
sexual
harassment
and
any
records,
11
policies,
procedures,
and
training
materials
related
to
12
the
prevention
of
sexual
harassment
and
the
requirements
of
13
the
bill
available
to
the
commission
or
designee.
The
bill
14
provides
that
following
such
an
inspection
and
examination,
15
the
commission
shall
notify
the
employer
of
the
results
16
of
the
inspection
and
examination,
including
any
issues
or
17
deficiencies
identified,
provide
resources
regarding
practices
18
and
procedures
for
the
prevention
of
sexual
harassment
that
19
the
employer
may
wish
to
adopt
or
utilize,
and
identify
20
any
technical
assistance
that
the
commission
may
be
able
to
21
provide
to
help
the
employer
address
any
identified
issues
22
or
deficiencies.
The
bill
provides
that
if
the
commission
23
determines
that
it
is
necessary
to
ensure
the
employer’s
24
workplace
is
free
from
sexual
harassment,
the
employer
may
be
25
required,
for
a
period
of
up
to
three
years,
to
provide
an
26
annual
education
and
training
program
that
satisfies
certain
27
requirements
set
forth
in
the
bill
to
all
employees
or
to
28
conduct
an
annual,
anonymous
working-climate
survey,
or
both.
29
The
bill
provides
that
upon
timely
application
to
the
court
30
in
which
an
action
involving
an
issue
raised
under
Code
section
31
216.6B
is
pending,
the
attorney
general
may
intervene
as
a
32
party
at
any
time
or
may
be
heard
at
any
time.
33
OTHER
CODE
SECTIONS.
The
bill
amends
Code
section
19B.12
to
34
include
a
requirement
that
all
complaints
of
sexual
harassment
35
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shall
be
forwarded
to
the
employee
accused
of
harassment
and
1
the
supervisor
of
the
complainant
accompanied
by
a
statement
2
indicating
that
retaliation
is
prohibited
by
Code
section
3
216.11(2).
4
The
bill
amends
the
definition
in
Code
section
216.2(15)
of
5
“unfair
practice”
or
“discriminatory
practice”
to
also
include
6
practices
specified
as
unfair
or
discriminatory
in
new
Code
7
section
216.6B.
8
The
bill
amends
Code
section
216.15
to
eliminate
the
9
requirement
that
a
complaint
of
discrimination
with
the
10
Iowa
civil
rights
commission
be
written.
The
bill
also
11
amends
that
Code
section
to
state
that
if
the
commission,
12
a
commissioner,
or
the
attorney
general
files
a
complaint,
13
the
complaint
shall
include
a
statement
setting
forth
the
14
prohibition
against
retaliation
pursuant
to
Code
section
15
216.11(2).
The
bill
provides
that
rather
than
serving
a
true
16
copy
of
a
verified
complaint,
the
commission
shall
serve
an
17
accurate
representation
of
a
verified
complaint.
Finally,
18
the
bill
amends
that
Code
section
to
provide
that
after
the
19
submission
of
a
verified
complaint,
a
statement
setting
forth
20
the
prohibition
against
retaliation
pursuant
to
Code
section
21
216.11(2)
shall
be
served
on
the
person
against
whom
the
22
complaint
is
filed,
along
with
the
complaint.
23
SESSION
LAW.
The
bill
provides
that
on
or
before
December
24
15,
2019,
the
Iowa
civil
rights
commission
shall
develop
25
and
implement
enhanced
mechanisms
for
employees
to
submit
26
complaints
of
discrimination
and
sexual
harassment
in
27
employment.
The
bill
provides
that
the
methods
shall
include,
28
at
a
minimum,
an
easy-to-use
portal
on
the
Iowa
civil
rights
29
commission’s
website
and
a
telephone
hotline.
Each
method
30
shall
provide
a
clear
statement
that
information
submitted
31
may
be
referred
to
the
federal
equal
employment
opportunity
32
commission
or
a
local
agency
that
has
jurisdiction
over
the
33
complaint.
34
The
bill
provides
that
on
or
before
December
15,
2019,
35
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110
the
Iowa
civil
rights
commission
shall
develop
a
public
1
education
and
outreach
program
that
is
designed
to
make
2
Iowa
employees
and
employers
aware
of
methods
for
reporting
3
employment
discrimination
and
sexual
harassment
and
where
to
4
find
information
regarding
the
laws
related
to
employment
5
discrimination
and
sexual
harassment
as
well
as
best
practices
6
for
preventing
employment
discrimination
and
sexual
harassment.
7
The
bill
provides
that
the
program
may
include
printed
8
informational
and
training
materials
and
in-person
seminars
and
9
workshops.
10
The
bill
provides
that
on
or
before
January
15,
2020,
11
the
Iowa
civil
rights
commission,
in
consultation
with
the
12
attorney
general,
shall
submit
to
the
general
assembly
and
the
13
governor
a
report.
The
report
shall
contain
two
parts.
The
14
first
part
of
the
report
shall
concern
the
implementation
of
15
the
enhanced
reporting
mechanisms
for
instances
of
employment
16
discrimination
and
sexual
harassment.
The
bill
provides
17
specific
instructions
for
the
report.
The
second
part
of
18
the
report
shall
examine
mechanisms
to
provide
notice
to
the
19
Iowa
civil
rights
commission
of
agreements
to
settle
sexual
20
harassment
claims
that
contain
a
nondisclosure
provision
and
21
examine
mechanisms
to
render
provisions
of
agreements
to
settle
22
sexual
harassment
claims
that
include
nondisclosure
agreements
23
void
and
nonenforceable
if,
in
relation
to
a
separate
claim,
24
the
alleged
harasser
is
later
found
by
a
court
or
tribunal
of
25
competent
jurisdiction
to
have
engaged
in
sexual
harassment
or
26
retaliation
in
relation
to
a
claim
of
sexual
harassment.
The
27
bill
provides
instructions
for
the
second
part
of
the
report.
28
The
bill
provides
that
on
or
before
September
15,
2019,
the
29
Iowa
civil
rights
commission
shall
create
the
model
policy
and
30
model
poster
required
pursuant
to
new
Code
section
216.6B(5)
to
31
reflect
the
provisions
of
the
bill.
32
The
bill
may
include
a
state
mandate
as
defined
in
Code
33
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
34
subsection
3,
which
would
relieve
a
political
subdivision
from
35
-14-
LSB
1375YH
(2)
88
asf/jh
14/
15
H.F.
110
complying
with
a
state
mandate
if
funding
for
the
cost
of
1
the
state
mandate
is
not
provided
or
specified.
Therefore,
2
political
subdivisions
are
required
to
comply
with
any
state
3
mandate
included
in
the
bill.
4
-15-
LSB
1375YH
(2)
88
asf/jh
15/
15