HF 19 (LSB 1416YH (1) 88)

HOUSE FILE 19

BY  HUNTER

A BILL FOR

An Act prohibiting employment discrimination based on unemployment status and providing remedies.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  FINDINGS —— PURPOSE.
   1.  The general assembly finds that denial of employment opportunities to individuals because of their status as unemployed is discriminatory and burdens commerce by doing one or more of the following:
   a.  Reducing personal consumption and undermining economic stability and growth.
   b.  Squandering human capital essential to the state’s economic vibrancy and growth.
   c.  Increasing demands for unemployment insurance benefits, reducing unemployment trust fund assets, and leading to higher payroll taxes for employers, or cuts in unemployment insurance benefits for jobless workers, or both.
   d.  Imposing additional burdens on publicly funded health and welfare programs.
   e.  Decreasing income, property, and other tax revenues that the states and local governments rely on to support operations and institutions essential to commerce.
   2.  The purposes of this Act are all of the following:
   a.  To prohibit employers and employment agencies from disqualifying an individual from employment opportunities because of that individual’s status as unemployed.
   b.  To prohibit employers and employment agencies from publishing or posting any advertisement or announcement for an employment opportunity that indicates that an individual’s status as unemployed disqualifies that individual for the opportunity.
   c.  To eliminate the burdens imposed on commerce due to the exclusion of such individuals from employment.
    Sec. 2.  Section 216.2, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  14A.  “Status as unemployed” means that an individual, at the time of application for employment or at the time of action alleged to violate this chapter, does not have a job, is available for work, and is searching for work.
    Sec. 3.  Section 216.2, subsection 15, Code 2019, is amended to read as follows:
   15.  “Unfair practice” or “discriminatory practice” means those practices specified as unfair or discriminatory in sections 216.6, 216.6A, 216.6B, 216.7, 216.8, 216.8A, 216.9, 216.10, 216.11, and 216.11A.
    Sec. 4.  NEW SECTION.  216.6B  Additional unfair or discriminatory practice —— unemployment status discrimination in employment.
   1.  It shall be an unfair or discriminatory practice for an employer to do any of the following:
   a.  Publish in print, on the internet, or in any other medium, an advertisement or announcement for an employee for any job that includes any of the following:
   (1)  Any provision stating or indicating that an individual’s status as unemployed disqualifies the individual for any employment opportunity.
   (2)  Any provision stating or indicating that the employer will not consider or hire an individual for any employment opportunity based on that individual’s status as unemployed. 
   b.  Fail or refuse to consider for employment, or fail or refuse to hire, an individual as an employee because of the individual’s status as unemployed.
   c.  Direct or request that an employment agency take an individual’s status as unemployed into account to disqualify an applicant for consideration, screening, or referral for employment.
   2.  It shall be an unfair or discriminatory practice for an employment agency to do any of the following:
   a.  Publish in print, on the internet, or in any other medium, an advertisement or announcement for any vacancy in a job, to be filled by an employee, that includes any of the following:
   (1)  Any provision stating or indicating that an individual’s status as unemployed disqualifies the individual for any employment opportunity.
   (2)  Any provision stating or indicating that the employment agency or an employer will not consider or hire an individual for any employment opportunity based on that individual’s status as unemployed.
   b.  Screen, fail or refuse to consider, or fail or refuse to refer an individual for employment because of the individual’s status as unemployed.
   c.  Limit, segregate, or classify any individual in any manner that would limit or tend to limit the individual’s access to information about jobs, or consideration, screening, or referral for jobs, solely because of an individual’s status as unemployed.
   3.  This section shall not be construed to preclude an employer or employment agency from considering an individual’s employment history, or from examining the reasons underlying an individual’s status as unemployed, in assessing an individual’s ability to perform a job or in otherwise making employment decisions about that individual. Such consideration or examination may include an assessment of whether an individual’s employment history in a similar or related job for a period of time reasonably proximate to the time of consideration of the individual for new employment is job-related or consistent with business necessity in relation to that new employment.
    Sec. 5.  Section 216.15, subsection 9, paragraph a, Code 2019, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (10)  For an unfair or discriminatory practice relating to unemployment status discrimination pursuant to section 216.6B, payment to the complainant of damages for an injury caused by the unfair or discriminatory practice which damages shall include but are not limited to actual damages, court costs, reasonable attorney fees, and any of the following, if applicable:
   (a)  For an unfair or discriminatory practice relating to unemployment status discrimination pursuant to section 216.6B, subsection 1, paragraph “a”, or subsection 2, paragraph “a”, damages in an amount not to exceed one thousand dollars for each day the unfair or discriminatory practice occurs.
   (b)  For an unfair or discriminatory practice relating to unemployment status discrimination pursuant to section 216.6B, subsection 1, paragraph “b” or “c”, or subsection 2, paragraph “b” or “c”, if wages, salary, employment benefits, or other compensation have not been denied or lost to the individual, damages in an amount not to exceed five thousand dollars.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits employment discrimination based on an individual’s status as unemployed. The bill defines “status as unemployed” as an individual who, at the time of application for employment or at the time of an alleged violation, does not have a job, is available for work, and is searching for work. The Iowa civil rights commission is charged with administration of the bill via existing procedures for employment discrimination complaints.
   The bill prohibits an employer from engaging in certain unfair or discriminatory employment practices. An employer is prohibited from publishing an advertisement or announcement for employment that includes any provision stating that an individual’s status as unemployed disqualifies the individual for any employment opportunity or any provision stating that the employer will not consider or hire an individual for any employment opportunity based on that individual’s status as unemployed. An employer is prohibited from failing or refusing to consider for employment or failing or refusing to hire an individual because of the individual’s status as unemployed. An employer is prohibited from directing or requesting that an employment agency take an individual’s status as unemployed into account to disqualify an applicant for consideration, screening, or referral for employment.
   The bill also prohibits an employment agency from engaging in certain unfair or discriminatory employment practices. An employment agency is prohibited from publishing an advertisement or announcement for any vacancy in a job that includes any provision stating that an individual’s status as unemployed disqualifies the individual for any employment opportunity or any provision stating that the employment agency or an employer will not consider or hire an individual for any employment opportunity based on that individual’s status as unemployed. An employment agency is prohibited from screening, or failing or refusing to consider, or failing or refusing to refer an individual for employment because of the individual’s status as unemployed. An employment agency is prohibited from limiting, segregating, or classifying an individual in any manner that would limit the individual’s access to information about jobs, or consideration, screening, or referral for jobs solely because of the individual’s status as unemployed.
   The bill provides that a prevailing complainant is entitled to damages including but not limited to actual damages; court costs; reasonable attorney fees; for a violation relating to publication of an advertisement or announcement for employment, up to $1,000 for each day the violation occurs; and for any other violation, if wages, salary, employment benefits, or other compensation have not been denied or lost to the complainant, up to $5,000.
   The bill is not to be construed to preclude an employer or employment agency from considering an individual’s employment history, or from examining the reasons underlying an individual’s status as unemployed, in assessing an individual’s ability to perform a job or in otherwise making employment decisions about that individual. Such consideration or examination may include an assessment of whether an individual’s employment history in a similar or related job for a period of time reasonably proximate to the time of consideration for new employment is job-related or consistent with business necessity in relation to that new employment.