Text: H08276 Text: H08278 Text: H08200 - H08299 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 382 as follows:
1 2 #1. By striking everything after the enacting
1 3 clause and inserting the following:
1 4 "Section 1. Section 216.2, Code 1997, is amended
1 5 by adding the following new subsection:
1 6 NEW SUBSECTION. 12A. "Sexual orientation" means
1 7 actual or perceived heterosexuality, homosexuality, or
1 8 bisexuality. "Sexual orientation" does not include
1 9 participation in acts which are prohibited by law.
1 10 Sec. 2. Section 216.5, subsections 6 and 8, Code
1 11 1997, are amended to read as follows:
1 12 6. To issue such publications and reports of
1 13 investigations and research as in the judgment of the
1 14 commission shall tend to promote good will among the
1 15 various racial, religious, and ethnic groups of the
1 16 state and which shall tend to minimize or eliminate
1 17 discrimination in public accommodations, employment,
1 18 apprenticeship and on-the-job training programs,
1 19 vocational schools, or housing because of race, creed,
1 20 color, sex, sexual orientation, national origin,
1 21 religion, ancestry, or disability.
1 22 8. To make recommendations to the general assembly
1 23 for such further legislation concerning discrimination
1 24 because of race, creed, color, sex, sexual
1 25 orientation, national origin, religion, ancestry, or
1 26 disability as it may deem necessary and desirable.
1 27 Sec. 3. Section 216.6, subsection 1, paragraphs a,
1 28 b, and c, Code 1997, are amended to read as follows:
1 29 a. Person to refuse to hire, accept, register,
1 30 classify, or refer for employment, to discharge any
1 31 employee, or to otherwise discriminate in employment
1 32 against any applicant for employment or any employee
1 33 because of the age, race, creed, color, sex, sexual
1 34 orientation, national origin, religion, or disability
1 35 of such applicant or employee, unless based upon the
1 36 nature of the occupation. If a person with a
1 37 disability is qualified to perform a particular
1 38 occupation, by reason of training or experience, the
1 39 nature of that occupation shall not be the basis for
1 40 exception to the unfair or discriminating practices
1 41 prohibited by this subsection.
1 42 b. Labor organization or the employees, agents, or
1 43 members thereof to refuse to admit to membership any
1 44 applicant, to expel any member, or to otherwise
1 45 discriminate against any applicant for membership or
1 46 any member in the privileges, rights, or benefits of
1 47 such membership because of the age, race, creed,
1 48 color, sex, sexual orientation, national origin,
1 49 religion, or disability of such applicant or member.
1 50 c. Employer, employment agency, labor
2 1 organization, or the employees, agents, or members
2 2 thereof to directly or indirectly advertise or in any
2 3 other manner indicate or publicize that individuals of
2 4 any particular age, race, creed, color, sex, sexual
2 5 orientation, national origin, religion, or disability
2 6 are unwelcome, objectionable, not acceptable, or not
2 7 solicited for employment or membership unless based on
2 8 the nature of the occupation. If a person with a
2 9 disability is qualified to perform a particular
2 10 occupation by reason of training or experience, the
2 11 nature of that occupation shall not be the basis for
2 12 exception to the unfair or discriminating practices
2 13 prohibited by this subsection.
2 14 An employer, employment agency, or their employees,
2 15 servants, or agents may offer employment or advertise
2 16 for employment to only persons with disabilities, when
2 17 other applicants have available to them other
2 18 employment compatible with their ability which would
2 19 not be available to persons with disabilities because
2 20 of their disabilities. Any such employment or offer
2 21 of employment shall not discriminate among persons
2 22 with disabilities on the basis of race, color, creed,
2 23 sex, sexual orientation, or national origin.
2 24 Sec. 4. Section 216.6, subsection 6, paragraph d,
2 25 Code 1997, is amended to read as follows:
2 26 d. Any bona fide religious institution or its
2 27 educational facility, association, corporation, or
2 28 society with respect to any qualifications for
2 29 employment based on religion or sexual orientation
2 30 when such qualifications are related to a bona fide
2 31 religious purpose. A religious qualification for
2 32 instructional personnel or an administrative officer,
2 33 serving in a supervisory capacity of a bona fide
2 34 religious educational facility or religious
2 35 institution, shall be presumed to be a bona fide
2 36 occupational qualification.
2 37 Sec. 5. Section 216.7, subsection 1, paragraphs a
2 38 and b, Code 1997, are amended to read as follows:
2 39 a. To refuse or deny to any person because of
2 40 race, creed, color, sex, sexual orientation, national
2 41 origin, religion, or disability the accommodations,
2 42 advantages, facilities, services, or privileges
2 43 thereof, or otherwise to discriminate against any
2 44 person because of race, creed, color, sex, sexual
2 45 orientation, national origin, religion, or disability
2 46 in the furnishing of such accommodations, advantages,
2 47 facilities, services, or privileges.
2 48 b. To directly or indirectly advertise or in any
2 49 other manner indicate or publicize that the patronage
2 50 of persons of any particular race, creed, color, sex,
3 1 sexual orientation, national origin, religion, or
3 2 disability is unwelcome, objectionable, not
3 3 acceptable, or not solicited.
3 4 Sec. 6. Section 216.7, subsection 2, paragraph a,
3 5 Code 1997, is amended to read as follows:
3 6 a. Any bona fide religious institution with
3 7 respect to any qualifications the institution may
3 8 impose based on religion or sexual orientation when
3 9 such qualifications are related to a bona fide
3 10 religious purpose.
3 11 Sec. 7. Section 216.8, subsections 1 through 4,
3 12 Code 1997, are amended to read as follows:
3 13 1. To refuse to sell, rent, lease, assign,
3 14 sublease, refuse to negotiate, or to otherwise make
3 15 unavailable, or deny any real property or housing
3 16 accommodation or part, portion or interest therein, to
3 17 any person because of the race, color, creed, sex,
3 18 sexual orientation, religion, national origin,
3 19 disability, or familial status of such person.
3 20 2. To discriminate against any person because of
3 21 the person's race, color, creed, sex, sexual
3 22 orientation, religion, national origin, disability, or
3 23 familial status, in the terms, conditions or
3 24 privileges of the sale, rental, lease assignment or
3 25 sublease of any real property or housing accommodation
3 26 or any part, portion or interest in the real property
3 27 or housing accommodation or in the provision of
3 28 services or facilities in connection with the real
3 29 property or housing accommodation.
3 30 For purposes of this section, "person" means one or
3 31 more individuals, corporations, partnerships,
3 32 associations, labor organizations, legal
3 33 representatives, mutual companies, joint stock
3 34 companies, trusts, unincorporated organizations,
3 35 trustees, trustees in cases under Title 11 of the
3 36 United States Code, receivers, and fiduciaries.
3 37 3. To directly or indirectly advertise, or in any
3 38 other manner indicate or publicize that the purchase,
3 39 rental, lease, assignment, or sublease of any real
3 40 property or housing accommodation or any part, portion
3 41 or interest therein, by persons of any particular
3 42 race, color, creed, sex, sexual orientation, religion,
3 43 national origin, disability, or familial status is
3 44 unwelcome, objectionable, not acceptable or not
3 45 solicited.
3 46 4. To discriminate against the lessee or purchaser
3 47 of any real property or housing accommodation or part,
3 48 portion or interest of the real property or housing
3 49 accommodation, or against any prospective lessee or
3 50 purchaser of the property or accommodation, because of
4 1 the race, color, creed, religion, sex, sexual
4 2 orientation, disability, age, or national origin of
4 3 persons who may from time to time be present in or on
4 4 the lessee's or owner's premises for lawful purposes
4 5 at the invitation of the lessee or owner as friends,
4 6 guests, visitors, relatives or in any similar
4 7 capacity.
4 8 Sec. 8. Section 216.8A, subsections 1 and 2, Code
4 9 1997, are amended to read as follows:
4 10 1. A person shall not induce or attempt to induce
4 11 another person to sell or rent a dwelling by
4 12 representations regarding the entry or prospective
4 13 entry into a neighborhood of a person of a particular
4 14 race, color, creed, sex, sexual orientation, religion,
4 15 national origin, disability, or familial status.
4 16 2. A person shall not represent to a person of a
4 17 particular race, color, creed, sex, sexual
4 18 orientation, religion, national origin, disability, or
4 19 familial status that a dwelling is not available for
4 20 inspection, sale, or rental when the dwelling is
4 21 available for inspection, sale, or rental.
4 22 Sec. 9. Section 216.8A, subsection 4, paragraph a,
4 23 Code 1997, is amended to read as follows:
4 24 a. A person whose business includes engaging in
4 25 residential real estate related transactions shall not
4 26 discriminate against a person in making a residential
4 27 real estate related transaction available or in terms
4 28 or conditions of a residential real estate related
4 29 transaction because of race, color, creed, sex, sexual
4 30 orientation, religion, national origin, disability, or
4 31 familial status.
4 32 Sec. 10. Section 216.8A, subsection 5, Code 1997,
4 33 is amended to read as follows:
4 34 5. A person shall not deny another person access
4 35 to, or membership or participation in, a multiple-
4 36 listing service, real estate brokers' organization or
4 37 other service, organization, or facility relating to
4 38 the business of selling or renting dwellings, or
4 39 discriminate against a person in terms or conditions
4 40 of access, membership, or participation in such
4 41 organization because of race, color, creed, sex,
4 42 sexual orientation, religion, national origin,
4 43 disability, or familial status.
4 44 Sec. 11. Section 216.9, unnumbered paragraph 1,
4 45 Code 1997, is amended to read as follows:
4 46 It is an unfair or discriminatory practice for any
4 47 educational institution to discriminate on the basis
4 48 of race, creed, color, sex, sexual orientation,
4 49 national origin, religion, or disability in any
4 50 program or activity. Such discriminatory practices
5 1 shall include but not be limited to the following
5 2 practices:
5 3 Sec. 12. Section 216.9, subsection 4, unnumbered
5 4 paragraph 2, Code 1997, is amended to read as follows:
5 5 For the purpose of this section "educational
5 6 institution" includes any preschool, elementary,
5 7 secondary, or community college, area education
5 8 agency, or postsecondary college or university and
5 9 their governing boards. This section does not
5 10 prohibit an educational institution from maintaining
5 11 separate toilet facilities, locker rooms or living
5 12 facilities for the different sexes so long as
5 13 comparable facilities are provided. Nothing in this
5 14 section shall be construed as prohibiting any bona
5 15 fide religious institution from imposing
5 16 qualifications based on religion or sexual orientation
5 17 when such qualifications are related to a bona fide
5 18 religious purpose or any institution from admitting
5 19 students of only one sex.
5 20 Sec. 13. Section 216.10, Code 1997, is amended to
5 21 read as follows:
5 22 216.10 UNFAIR CREDIT PRACTICES.
5 23 It shall be an unfair or discriminatory practice
5 24 for any:
5 25 1. Creditor to refuse to enter into a consumer
5 26 credit transaction or impose finance charges or other
5 27 terms or conditions more onerous than those regularly
5 28 extended by that creditor to consumers of similar
5 29 economic backgrounds because of age, color, creed,
5 30 national origin, race, religion, marital status, sex,
5 31 sexual orientation, physical disability, or familial
5 32 status.
5 33 2. Person authorized or licensed to do business in
5 34 this state pursuant to chapter 524, 533, 534, 536, or
5 35 536A to refuse to loan or extend credit or to impose
5 36 terms or conditions more onerous than those regularly
5 37 extended to persons of similar economic backgrounds
5 38 because of age, color, creed, national origin, race,
5 39 religion, marital status, sex, sexual orientation,
5 40 physical disability, or familial status.
5 41 3. Creditor to refuse to offer credit life or
5 42 health and accident insurance because of color, creed,
5 43 national origin, race, religion, marital status, age,
5 44 physical disability, sex, sexual orientation, or
5 45 familial status. Refusal by a creditor to offer
5 46 credit life or health and accident insurance based
5 47 upon the age or physical disability of the consumer
5 48 shall not be an unfair or discriminatory practice if
5 49 such denial is based solely upon bona fide
5 50 underwriting considerations not prohibited by title
6 1 XIII, subtitle 1.
6 2 The provisions of this section shall not be
6 3 construed by negative implication or otherwise to
6 4 narrow or restrict any other provisions of this
6 5 chapter.
6 6 Sec. 14. Section 216.12, subsection 1, Code 1997,
6 7 is amended to read as follows:
6 8 1. Any bona fide religious institution with
6 9 respect to any qualifications it may impose based on
6 10 religion or sexual orientation, when the
6 11 qualifications are related to a bona fide religious
6 12 purpose unless the religious institution owns or
6 13 operates property for a commercial purpose or
6 14 membership in the religion is restricted on account of
6 15 race, color, or national origin.
6 16 Sec. 15. Section 216.12A, Code 1997, is amended to
6 17 read as follows:
6 18 216.12A ADDITIONAL HOUSING EXCEPTION.
6 19 Sections 216.8 and 216.8A do not prohibit a person
6 20 engaged in the business of furnishing appraisals of
6 21 real estate from taking into consideration factors
6 22 other than race, color, creed, sex, sexual
6 23 orientation, religion, national origin, disability, or
6 24 familial status in appraising real estate."
6 25 #2. Title page, by striking line 1 and inserting
6 26 the following: "An Act prohibiting discriminatory
6 27 practices base upon a person's sexual orientation".
6 28
6 29
6 30
6 31 DODERER of Johnson
6 32 MASCHER of Johnson
6 33 MYERS of Johnson
6 34 HF 382.301 77
6 35 lh/cf/28
Text: H08276 Text: H08278 Text: H08200 - H08299 Text: H Index Bills and Amendments: General Index Bill History: General Index
© 1998 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Mar 11 03:45:39 CST 1998
URL: /DOCS/GA/77GA/Legislation/H/08200/H08277/980310.html
jhf