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Text: SF00379                           Text: SF00381
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

Senate File 380

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 729.4, Code 1995, is amended to read as
  1  2 follows:
  1  3    729.4  FAIR EMPLOYMENT PRACTICES.
  1  4    1.  Every person in this state is entitled to the
  1  5 opportunity for employment on equal terms with every other
  1  6 person.  A person or employer shall not discriminate in the
  1  7 employment of individuals because of race, religion, color,
  1  8 sex, national origin, political activity, or ancestry.
  1  9 However, as to employment an individual must be qualified to
  1 10 perform the services or work required.
  1 11    2.  A labor union or organization or an officer thereof of
  1 12 a labor union or organization shall not discriminate against
  1 13 any person as to membership therein because of race, religion,
  1 14 color, sex, national origin, political activity, or ancestry.
  1 15    3.  With respect to discrimination on the basis of
  1 16 political activity, a person, employer, or labor union or
  1 17 organization does not violate this section if a bona fide
  1 18 occupational qualification applies, if the political activity
  1 19 substantially interferes or disrupts the performance,
  1 20 services, activities, or work required, or if political
  1 21 activity is otherwise expressly permitted, prohibited, or
  1 22 limited by law.  For purposes of this section, "bona fide
  1 23 occupational qualification" means a requirement, not otherwise
  1 24 proscribed by law, related to political activity, political
  1 25 affiliation, or political office that is necessary to preserve
  1 26 the nonpartisan or bipartisan status of the person, agent,
  1 27 company, corporation, or union requiring the qualification.
  1 28 The person claiming the existence of a bona fide occupational
  1 29 qualification has the burden of establishing that adverse
  1 30 action taken against a person for political activity was due
  1 31 to a bona fide occupational qualification.
  1 32    3. 4.  Any person, employer, labor union or organization or
  1 33 officer of a labor union or organization convicted of a
  1 34 violation of subsection 1 or 2 shall be guilty of a simple
  1 35 misdemeanor.  
  2  1                           EXPLANATION
  2  2    This bill provides that it is a violation of fair
  2  3 employment practices to discriminate against a person due to
  2  4 that person's political activity.  The bill provides that
  2  5 employment-related decisions based on a person's political
  2  6 activity are permitted if the decision is based on a bona fide
  2  7 occupational qualification, or the political activity
  2  8 substantially interferes with the person's work or is
  2  9 otherwise permitted or prohibited by law.  The bill defines
  2 10 "bona fide occupational qualification" and provides that a
  2 11 person claiming that a decision was based on a bona fide
  2 12 occupational qualification has the burden of establishing that
  2 13 qualification.  A person violating the section prohibiting
  2 14 discrimination on the basis of political activity is guilty of
  2 15 a simple misdemeanor.  
  2 16 LSB 2390SS 76
  2 17 ec/sc/14
     
Text: SF00379                           Text: SF00381
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index
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