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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 3103SS 77
8 3 ec/cf/24
Text: SF02055 Text: SF02057 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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