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PAG LIN 1 1 Section 1. Section 22.7, subsection 32, Code 1995, is 1 2 amended to read as follows: 1 3 32. Memoranda, work products, and case files of a mediator 1 4 and all other confidential communications in the possession of 1 5 a mediator, as provided inchapterchapters 86 and 216. 1 6 Information in these confidential communications is subject to 1 7 disclosure only as provided insectionsections 86.44 and 1 8 216.15B, notwithstanding any other contrary provision of this 1 9 chapter. 1 10 Sec. 2. Section 216.2, subsection 3, Code 1995, is amended 1 11 to read as follows: 1 12 3. "Court" means the district court in and fortheany 1 13 judicial district of the state of Iowain which the alleged1 14unfair or discriminatory practice occurredor any judge of 1 15saidthe court if the court is not in session at that time. 1 16 Sec. 3. Section 216.5, subsection 2, Code 1995, is amended 1 17 to read as follows: 1 18 2. To receive, investigate, mediate, and finally determine 1 19 the merits of complaints alleging unfair or discriminatory 1 20 practices. 1 21 Sec. 4. Section 216.5, Code 1995, is amended by adding the 1 22 following new subsection: 1 23 NEW SUBSECTION. 15. To utilize volunteers to aid in the 1 24 conduct of the commission's business including case processing 1 25 functions such as intake, screening, investigation, and 1 26 mediation. 1 27 Sec. 5. Section 216.12, subsection 4, unnumbered paragraph 1 28 1, Code 1995, is amended to read as follows: 1 29DwellingsDiscrimination on the basis of familial status 1 30 involving dwellings provided under any state or federal 1 31 program specifically designed and operated to assist elderly 1 32 persons, as defined in the state or federal program that the 1 33 commission determines to be consistent with determinations 1 34 made by the United States secretary of housing and urban 1 35 development, and housing for older persons. As used in this 2 1 subsection, "housing for older persons" means housing 2 2 communities consisting of dwellings intended for either of the 2 3 following: 2 4 Sec. 6. Section 216.12, Code 1995, is amended by adding 2 5 the following new subsection: 2 6 NEW SUBSECTION. 6. Discrimination on the basis of sex 2 7 involving the rental, leasing, or subleasing of a dwelling 2 8 within which residents of both sexes would be forced to share 2 9 a living area. 2 10 Sec. 7. Section 216.12, unnumbered paragraph 2, Code 1995, 2 11 is amended to read as follows: 2 12 The exceptions to the requirements of sections 216.8 and 2 13 216.8A provided for dwellings specified insubsection2 14 subsections 2, 3, and 5 do not apply to advertising related to 2 15 those dwellings. 2 16 Sec. 8. Section 216.15, subsection 1, Code 1995, is 2 17 amended to read as follows: 2 18 1. Any person claiming to be aggrieved by a discriminatory 2 19 or unfair practice may, in person or by an attorney, make, 2 20 sign, and file with the commission a verified, written 2 21 complaintin triplicatewhich shall state the name and address 2 22 of the person, employer, employment agency, or labor 2 23 organization alleged to have committed the discriminatory or 2 24 unfair practice of which complained, shall set forth the 2 25 particulars thereof, and shall contain such other information 2 26 as may be required by the commission. The commission, a 2 27 commissioner, or the attorney general may in like manner make, 2 28 sign, and file such complaint. 2 29 Sec. 9. Section 216.15, subsection 4, Code 1995, is 2 30 amended to read as follows: 2 31 4. The members of the commission and its staff shall not 2 32 disclose the filing of a complaint, the information gathered 2 33 during the investigation, or the endeavors to eliminate such 2 34 discriminatory or unfair practice by mediation, conference, 2 35 conciliation, and persuasion, unless such disclosure is made 3 1 in connection with the conduct of such investigation. 3 2 Sec. 10. Section 216.15, subsection 9, Code 1995, is 3 3 amended to read as follows: 3 4 9. The terms of a conciliation or mediation agreement 3 5 reached with the respondent may require the respondent to 3 6 refrain in the future from committing discriminatory or unfair 3 7 practices of the type stated in the agreement, to take 3 8 remedial action as in the judgment of the commission will 3 9 carry out the purposes of this chapter, and to consent to the 3 10 entry in an appropriate district court of a consent decree 3 11 embodying the terms of the conciliation or mediation 3 12 agreement. Violation of such a consent decree may be punished 3 13 as contempt by the court in which it is filed, upon a showing 3 14 by the commission of the violation at any time within six 3 15 months of its occurrence.In all cases where a conciliation3 16agreement is entered into, the commission shall issue an order3 17stating its terms and furnish a copy of the order to the3 18complainant, the respondent, and such other persons as the3 19commission deems proper.At any time in its discretion, the 3 20 commission may investigate whether the terms of the agreement 3 21 are being complied with by the respondent. 3 22 Upon a finding that the terms of the conciliation or 3 23 mediation agreement are not being complied with by the 3 24 respondent, the commission shall take appropriate action to 3 25 assure compliance. 3 26 Sec. 11. Section 216.15, Code 1995, is amended by adding 3 27 the following new subsection: 3 28 NEW SUBSECTION. 13. The commission or a party to a 3 29 complaint may request mediation of the complaint at any time 3 30 during the commission's processing of the complaint. If the 3 31 complainant and respondent participate in mediation, any 3 32 mediation agreement may be enforced pursuant to this section. 3 33 Mediation may be discontinued at the request of any party or 3 34 the commission. 3 35 Sec. 12. NEW SECTION. 216.15B MEDIATION &endash; 4 1 CONFIDENTIALITY. 4 2 1. For the purposes of this section, "mediator" shall be 4 3 the person designated in writing by the commission to conduct 4 4 mediation of a complaint filed under this chapter. The 4 5 written designation must specifically refer to this section. 4 6 2. All verbal or written information relating to the 4 7 subject matter of a mediation agreement and transmitted 4 8 between either the complainant or the respondent and a 4 9 mediator to resolve a complaint filed under this chapter, 4 10 whether reflected in notes, memoranda, or other work products, 4 11 is a confidential communication except as otherwise expressly 4 12 provided in this chapter. Mediators involved in a mediation 4 13 under this section shall not be examined in any judicial or 4 14 administrative proceeding regarding the confidential 4 15 communications and are not subject to judicial or 4 16 administrative process requiring the disclosure of the 4 17 confidential communications. If a written confidential 4 18 communication is kept by the mediator it must be kept in a 4 19 mediation file which is maintained separately from the case 4 20 file. The confidential communications may not be included in 4 21 the commission's case file unless the person providing the 4 22 information consents to its inclusion in the case file. The 4 23 mediation file is not part of the file made available to the 4 24 parties upon the commission's receipt of a right to sue 4 25 letter. Information maintained in the mediation file and not 4 26 included in the case file shall not be considered when making 4 27 a recommendation or decision regarding screening, probable 4 28 cause, or any issue in a contested case. 4 29 3. A mediator who has reason to believe that a complainant 4 30 or respondent has given perjured evidence concerning a 4 31 confidential communication is not barred by this section from 4 32 disclosing the basis for this belief to any party to a cause 4 33 in which the alleged perjury occurs or to the appropriate 4 34 authorities, including testifying concerning the relevant 4 35 confidential communications. If a dispute regarding the 5 1 existence of a mediation agreement exists, the terms of the 5 2 mediation agreement, or the conduct of the mediation process 5 3 itself, the mediator may be examined regarding relevant 5 4 confidential communications. 5 5 Sec. 13. Section 216.16A, subsection 2, paragraphs c, d, 5 6 and e, Code 1995, are amended to read as follows: 5 7 c. An aggrieved person may file an action under this 5 8sectionsubsection whether or not a discriminatory housing or 5 9 real estate complaint has been filed under section216.15A5 10 216.15, and without regard to the status of any discriminatory 5 11 housing or real estate complaint filed under that section. 5 12 d. If the commission has obtained a mediation agreement 5 13 with the consent of an aggrieved person, the aggrieved person 5 14 shall not file an action under thissectionsubsection with 5 15 respect to the alleged discriminatory practice that forms the 5 16 basis for the complaint except to enforce the terms of the 5 17 agreement. 5 18 e. An aggrieved person shall not file an action under this 5 19sectionsubsection with respect to an alleged discriminatory 5 20 housing or real estate practice that forms the basis of a 5 21 charge issued by the commission if the commission has begun a 5 22 hearing on the record under this chapter with respect to the 5 23 charge. 5 24 Sec. 14. Section 216.16A, subsection 2, Code 1995, is 5 25 amended by adding the following new paragraph: 5 26 NEW PARAGRAPH. f. In an action filed in district court 5 27 under this subsection, the court may, upon a finding of 5 28 discrimination, order any of the remedies provided for in 5 29 section 216.17A, subsection 6. 5 30 Sec. 15. Section 216.17A, subsection 6, Code 1995, is 5 31 amended to read as follows: 5 32 6. In an action underthis sectionsubsection 1 and 5 33 section 216.16A, subsection 2, if the district court finds 5 34 that a discriminatory housing or real estate practice has 5 35 occurred or is about to occur, the district court may award or 6 1 issue to the plaintiff one or more of the following: 6 2 Sec. 16. Section 216.17A, subsection 8, paragraph a, Code 6 3 1995, is amended to read as follows: 6 4 a. On the request of the commission, the attorney general 6 5 may intervene in an action underthissection 216.16A, 6 6 subsection 2, if the commission certifies that the case is of 6 7 general public importance. 6 8 Sec. 17. Section 216.17A, subsection 9, paragraph b, 6 9 unnumbered paragraph 1, Code 1995, is amended to read as 6 10 follows: 6 11 In an action under thissectionsubsection and subsection 6 12 8, the district court may do any of the following: 6 13 Sec. 18. REPEAL. Section 216.14, Code 1995, is repealed. 6 14 EXPLANATION 6 15 The amendment to section 216.2 defines "court" for purposes 6 16 of the civil rights commission chapter as including all 6 17 district courts in any judicial district in Iowa. Currently, 6 18 court is defined as the judicial district where the alleged 6 19 unfair or discriminatory act occurred. The venue provisions 6 20 of section 216.16, subsection 4, remain unchanged so that a 6 21 respondent can still move a case filed in Iowa to the county 6 22 where the unfair act occurred or where the respondent resides 6 23 or has its business. 6 24 The changes to section 216.12 provide an exception to the 6 25 housing discrimination provisions of chapter 216 for 6 26 discrimination on the basis of familial status concerning 6 27 dwellings for the elderly and discrimination on the basis of 6 28 sex where residents of both sexes would share a living area of 6 29 a dwelling. These changes provide that the exceptions to 6 30 housing discrimination do not apply to advertising for certain 6 31 rental or leased dwellings which are for two families or which 6 32 contain less than four rooms. 6 33 The change to section 216.15, subsection 1, eliminates the 6 34 requirement to file a discriminatory complaint in triplicate. 6 35 The bill also adds mediation to the complaint process and 7 1 provides for the procedure involved and for the 7 2 confidentiality of the information obtained. 7 3 The bill also provides that the remedies for a civil action 7 4 alleging housing discrimination filed on behalf of the civil 7 5 rights commission apply to an action filed by the aggrieved 7 6 person. 7 7 The bill also repeals the section of the Code providing 7 8 that an employer is not required to promote or transfer a 7 9 handicapped individual unless the individual is otherwise 7 10 qualified for such promotion or transfer. 7 11 BACKGROUND STATEMENT 7 12 SUBMITTED BY THE AGENCY 7 13 The bill modifies the definition of court and changes the 7 14 housing and mediation sections of chapter 216. The bill also 7 15 removes a requirement that complaints be filed in triplicate. 7 16 The changes in the definition of court are being proposed 7 17 to make it easier to file actions in the correct judicial 7 18 district. The changes in the housing sections add an 7 19 exception for discrimination on the basis of sex involving the 7 20 rental, leasing, or subleasing of a dwelling within which 7 21 residents of both sexes would be forced to share a living area 7 22 and makes some technical corrections to other housing 7 23 sections. Mediation is formally added as a step in complaint 7 24 processing, and the mediation process is outlined. 7 25 The intent of the changes in the bill are to make the 7 26 requirements for filing an action in court clearer, improve 7 27 the language in the housing discrimination portion of chapter 7 28 216, and place increased emphasis on utilizing mediation in 7 29 complaint processing. 7 30 LSB 1237DP 76 7 31 ec/cf/24.1
Text: SSB00109 Text: SSB00111 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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