Text: HF02102 Text: HF02104 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 216.2, Code 1997, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 12A. "Sexual orientation" means actual or 1 4 perceived heterosexuality, homosexuality, or bisexuality. 1 5 "Sexual orientation" does not include participation in acts 1 6 which are prohibited by law. 1 7 Sec. 2. Section 216.5, subsections 6 and 8, Code 1997, are 1 8 amended to read as follows: 1 9 6. To issue such publications and reports of 1 10 investigations and research as in the judgment of the 1 11 commission shall tend to promote good will among the various 1 12 racial, religious, and ethnic groups of the state and which 1 13 shall tend to minimize or eliminate discrimination in public 1 14 accommodations, employment, apprenticeship and on-the-job 1 15 training programs, vocational schools, or housing because of 1 16 race, creed, color, sex, sexual orientation, national origin, 1 17 religion, ancestry, or disability. 1 18 8. To make recommendations to the general assembly for 1 19 such further legislation concerning discrimination because of 1 20 race, creed, color, sex, sexual orientation, national origin, 1 21 religion, ancestry, or disability as it may deem necessary and 1 22 desirable. 1 23 Sec. 3. Section 216.6, subsection 1, paragraphs a, b, and 1 24 c, Code 1997, are amended to read as follows: 1 25 a. Person to refuse to hire, accept, register, classify, 1 26 or refer for employment, to discharge any employee, or to 1 27 otherwise discriminate in employment against any applicant for 1 28 employment or any employee because of the age, race, creed, 1 29 color, sex, sexual orientation, national origin, religion, or 1 30 disability of such applicant or employee, unless based upon 1 31 the nature of the occupation. If a person with a disability 1 32 is qualified to perform a particular occupation, by reason of 1 33 training or experience, the nature of that occupation shall 1 34 not be the basis for exception to the unfair or discriminating 1 35 practices prohibited by this subsection. 2 1 b. Labor organization or the employees, agents, or members 2 2 thereof to refuse to admit to membership any applicant, to 2 3 expel any member, or to otherwise discriminate against any 2 4 applicant for membership or any member in the privileges, 2 5 rights, or benefits of such membership because of the age, 2 6 race, creed, color, sex, sexual orientation, national origin, 2 7 religion, or disability of such applicant or member. 2 8 c. Employer, employment agency, labor organization, or the 2 9 employees, agents, or members thereof to directly or 2 10 indirectly advertise or in any other manner indicate or 2 11 publicize that individuals of any particular age, race, creed, 2 12 color, sex, sexual orientation, national origin, religion, or 2 13 disability are unwelcome, objectionable, not acceptable, or 2 14 not solicited for employment or membership unless based on the 2 15 nature of the occupation. If a person with a disability is 2 16 qualified to perform a particular occupation by reason of 2 17 training or experience, the nature of that occupation shall 2 18 not be the basis for exception to the unfair or discriminating 2 19 practices prohibited by this subsection. 2 20 An employer, employment agency, or their employees, 2 21 servants, or agents may offer employment or advertise for 2 22 employment to only persons with disabilities, when other 2 23 applicants have available to them other employment compatible 2 24 with their ability which would not be available to persons 2 25 with disabilities because of their disabilities. Any such 2 26 employment or offer of employment shall not discriminate among 2 27 persons with disabilities on the basis of race, color, creed, 2 28 sex, sexual orientation, or national origin. 2 29 Sec. 4. Section 216.6, subsection 6, paragraph d, Code 2 30 1997, is amended to read as follows: 2 31 d. Any bona fide religious institution or its educational 2 32 facility, association, corporation, or society with respect to 2 33 any qualifications for employment based on religion or sexual 2 34 orientation when such qualifications are related to a bona 2 35 fide religious purpose. A religious qualification for 3 1 instructional personnel or an administrative officer, serving 3 2 in a supervisory capacity of a bona fide religious educational 3 3 facility or religious institution, shall be presumed to be a 3 4 bona fide occupational qualification. 3 5 Sec. 5. Section 216.7, subsection 1, paragraphs a and b, 3 6 Code 1997, are amended to read as follows: 3 7 a. To refuse or deny to any person because of race, creed, 3 8 color, sex, sexual orientation, national origin, religion, or 3 9 disability the accommodations, advantages, facilities, 3 10 services, or privileges thereof, or otherwise to discriminate 3 11 against any person because of race, creed, color, sex, sexual 3 12 orientation, national origin, religion, or disability in the 3 13 furnishing of such accommodations, advantages, facilities, 3 14 services, or privileges. 3 15 b. To directly or indirectly advertise or in any other 3 16 manner indicate or publicize that the patronage of persons of 3 17 any particular race, creed, color, sex, sexual orientation, 3 18 national origin, religion, or disability is unwelcome, 3 19 objectionable, not acceptable, or not solicited. 3 20 Sec. 6. Section 216.7, subsection 2, paragraph a, Code 3 21 1997, is amended to read as follows: 3 22 a. Any bona fide religious institution with respect to any 3 23 qualifications the institution may impose based on religion or 3 24 sexual orientation when such qualifications are related to a 3 25 bona fide religious purpose. 3 26 Sec. 7. Section 216.8, subsections 1 through 4, Code 1997, 3 27 are amended to read as follows: 3 28 1. To refuse to sell, rent, lease, assign, sublease, 3 29 refuse to negotiate, or to otherwise make unavailable, or deny 3 30 any real property or housing accommodation or part, portion or 3 31 interest therein, to any person because of the race, color, 3 32 creed, sex, sexual orientation, religion, national origin, 3 33 disability, or familial status of such person. 3 34 2. To discriminate against any person because of the 3 35 person's race, color, creed, sex, sexual orientation, 4 1 religion, national origin, disability, or familial status, in 4 2 the terms, conditions or privileges of the sale, rental, lease 4 3 assignment or sublease of any real property or housing 4 4 accommodation or any part, portion or interest in the real 4 5 property or housing accommodation or in the provision of 4 6 services or facilities in connection with the real property or 4 7 housing accommodation. 4 8 For purposes of this section, "person" means one or more 4 9 individuals, corporations, partnerships, associations, labor 4 10 organizations, legal representatives, mutual companies, joint 4 11 stock companies, trusts, unincorporated organizations, 4 12 trustees, trustees in cases under Title 11 of the United 4 13 States Code, receivers, and fiduciaries. 4 14 3. To directly or indirectly advertise, or in any other 4 15 manner indicate or publicize that the purchase, rental, lease, 4 16 assignment, or sublease of any real property or housing 4 17 accommodation or any part, portion or interest therein, by 4 18 persons of any particular race, color, creed, sex, sexual 4 19 orientation, religion, national origin, disability, or 4 20 familial status is unwelcome, objectionable, not acceptable or 4 21 not solicited. 4 22 4. To discriminate against the lessee or purchaser of any 4 23 real property or housing accommodation or part, portion or 4 24 interest of the real property or housing accommodation, or 4 25 against any prospective lessee or purchaser of the property or 4 26 accommodation, because of the race, color, creed, religion, 4 27 sex, sexual orientation, disability, age, or national origin 4 28 of persons who may from time to time be present in or on the 4 29 lessee's or owner's premises for lawful purposes at the 4 30 invitation of the lessee or owner as friends, guests, 4 31 visitors, relatives or in any similar capacity. 4 32 Sec. 8. Section 216.8A, subsections 1 and 2, Code 1997, 4 33 are amended to read as follows: 4 34 1. A person shall not induce or attempt to induce another 4 35 person to sell or rent a dwelling by representations regarding 5 1 the entry or prospective entry into a neighborhood of a person 5 2 of a particular race, color, creed, sex, sexual orientation, 5 3 religion, national origin, disability, or familial status. 5 4 2. A person shall not represent to a person of a 5 5 particular race, color, creed, sex, sexual orientation, 5 6 religion, national origin, disability, or familial status that 5 7 a dwelling is not available for inspection, sale, or rental 5 8 when the dwelling is available for inspection, sale, or 5 9 rental. 5 10 Sec. 9. Section 216.8A, subsection 4, paragraph a, Code 5 11 1997, is amended to read as follows: 5 12 a. A person whose business includes engaging in resi- 5 13 dential real estate related transactions shall not 5 14 discriminate against a person in making a residential real 5 15 estate related transaction available or in terms or conditions 5 16 of a residential real estate related transaction because of 5 17 race, color, creed, sex, sexual orientation, religion, 5 18 national origin, disability, or familial status. 5 19 Sec. 10. Section 216.8A, subsection 5, Code 1997, is 5 20 amended to read as follows: 5 21 5. A person shall not deny another person access to, or 5 22 membership or participation in, a multiple-listing service, 5 23 real estate brokers' organization or other service, 5 24 organization, or facility relating to the business of selling 5 25 or renting dwellings, or discriminate against a person in 5 26 terms or conditions of access, membership, or participation in 5 27 such organization because of race, color, creed, sex, sexual 5 28 orientation, religion, national origin, disability, or 5 29 familial status. 5 30 Sec. 11. Section 216.9, unnumbered paragraph 1, Code 1997, 5 31 is amended to read as follows: 5 32 It is an unfair or discriminatory practice for any 5 33 educational institution to discriminate on the basis of race, 5 34 creed, color, sex, sexual orientation, national origin, 5 35 religion, or disability in any program or activity. Such 6 1 discriminatory practices shall include but not be limited to 6 2 the following practices: 6 3 Sec. 12. Section 216.9, subsection 4, unnumbered paragraph 6 4 2, Code 1997, is amended to read as follows: 6 5 For the purpose of this section "educational institution" 6 6 includes any preschool, elementary, secondary, or community 6 7 college, area education agency, or postsecondary college or 6 8 university and their governing boards. This section does not 6 9 prohibit an educational institution from maintaining separate 6 10 toilet facilities, locker rooms or living facilities for the 6 11 different sexes so long as comparable facilities are provided. 6 12 Nothing in this section shall be construed as prohibiting any 6 13 bona fide religious institution from imposing qualifications 6 14 based on religion or sexual orientation when such 6 15 qualifications are related to a bona fide religious purpose or 6 16 any institution from admitting students of only one sex. 6 17 Sec. 13. Section 216.10, Code 1997, is amended to read as 6 18 follows: 6 19 216.10 UNFAIR CREDIT PRACTICES. 6 20 It shall be an unfair or discriminatory practice for any: 6 21 1. Creditor to refuse to enter into a consumer credit 6 22 transaction or impose finance charges or other terms or 6 23 conditions more onerous than those regularly extended by that 6 24 creditor to consumers of similar economic backgrounds because 6 25 of age, color, creed, national origin, race, religion, marital 6 26 status, sex, sexual orientation, physical disability, or 6 27 familial status. 6 28 2. Person authorized or licensed to do business in this 6 29 state pursuant to chapter 524, 533, 534, 536, or 536A to 6 30 refuse to loan or extend credit or to impose terms or 6 31 conditions more onerous than those regularly extended to 6 32 persons of similar economic backgrounds because of age, color, 6 33 creed, national origin, race, religion, marital status, sex, 6 34 sexual orientation, physical disability, or familial status. 6 35 3. Creditor to refuse to offer credit life or health and 7 1 accident insurance because of color, creed, national origin, 7 2 race, religion, marital status, age, physical disability, sex, 7 3 sexual orientation, or familial status. Refusal by a creditor 7 4 to offer credit life or health and accident insurance based 7 5 upon the age or physical disability of the consumer shall not 7 6 be an unfair or discriminatory practice if such denial is 7 7 based solely upon bona fide underwriting considerations not 7 8 prohibited by title XIII, subtitle 1. 7 9 The provisions of this section shall not be construed by 7 10 negative implication or otherwise to narrow or restrict any 7 11 other provisions of this chapter. 7 12 Sec. 14. Section 216.12, subsection 1, Code 1997, is 7 13 amended to read as follows: 7 14 1. Any bona fide religious institution with respect to any 7 15 qualifications it may impose based on religion or sexual 7 16 orientation, when the qualifications are related to a bona 7 17 fide religious purpose unless the religious institution owns 7 18 or operates property for a commercial purpose or membership in 7 19 the religion is restricted on account of race, color, or 7 20 national origin. 7 21 Sec. 15. Section 216.12A, Code 1997, is amended to read as 7 22 follows: 7 23 216.12A ADDITIONAL HOUSING EXCEPTION. 7 24 Sections 216.8 and 216.8A do not prohibit a person engaged 7 25 in the business of furnishing appraisals of real estate from 7 26 taking into consideration factors other than race, color, 7 27 creed, sex, sexual orientation, religion, national origin, 7 28 disability, or familial status in appraising real estate. 7 29 EXPLANATION 7 30 This bill defines sexual orientation and prohibits 7 31 discriminatory employment, public accommodation, housing, 7 32 education, and credit practices based upon a person's sexual 7 33 orientation. However, the bill does allow for the imposition 7 34 of qualifications by bona fide religious institutions based 7 35 upon sexual orientation if related to a bona fide religious 8 1 purpose. 8 2 LSB 3103HH 77 8 3 ec/cf/24
Text: HF02102 Text: HF02104 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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