Text: HF02450 Text: HF02452 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 216.2, Code 1999, 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, bisexuality, or a
1 5 person's attributes in behavior, practice, or appearance as
1 6 they are understood to be masculine or feminine. "Sexual
1 7 orientation" does not include participation in acts which are
1 8 prohibited by law.
1 9 Sec. 2. Section 216.5, subsections 6 and 8, Code 1999, are
1 10 amended to read as follows:
1 11 6. To issue such publications and reports of
1 12 investigations and research as in the judgment of the
1 13 commission shall tend to promote good will among the various
1 14 racial, religious, and ethnic groups of the state and which
1 15 shall tend to minimize or eliminate discrimination in public
1 16 accommodations, employment, apprenticeship and on-the-job
1 17 training programs, vocational schools, or housing because of
1 18 race, creed, color, sex, sexual orientation, national origin,
1 19 religion, ancestry, or disability.
1 20 8. To make recommendations to the general assembly for
1 21 such further legislation concerning discrimination because of
1 22 race, creed, color, sex, sexual orientation, national origin,
1 23 religion, ancestry, or disability as it may deem necessary and
1 24 desirable.
1 25 Sec. 3. Section 216.6, subsection 1, paragraphs a, b, and
1 26 c, Code 1999, are amended to read as follows:
1 27 a. Person to refuse to hire, accept, register, classify,
1 28 or refer for employment, to discharge any employee, or to
1 29 otherwise discriminate in employment against any applicant for
1 30 employment or any employee because of the age, race, creed,
1 31 color, sex, sexual orientation, national origin, religion, or
1 32 disability of such applicant or employee, unless based upon
1 33 the nature of the occupation. If a person with a disability
1 34 is qualified to perform a particular occupation, by reason of
1 35 training or experience, the nature of that occupation shall
2 1 not be the basis for exception to the unfair or discriminating
2 2 practices prohibited by this subsection.
2 3 b. Labor organization or the employees, agents, or members
2 4 thereof to refuse to admit to membership any applicant, to
2 5 expel any member, or to otherwise discriminate against any
2 6 applicant for membership or any member in the privileges,
2 7 rights, or benefits of such membership because of the age,
2 8 race, creed, color, sex, sexual orientation, national origin,
2 9 religion, or disability of such applicant or member.
2 10 c. Employer, employment agency, labor organization, or the
2 11 employees, agents, or members thereof to directly or
2 12 indirectly advertise or in any other manner indicate or
2 13 publicize that individuals of any particular age, race, creed,
2 14 color, sex, sexual orientation, national origin, religion, or
2 15 disability are unwelcome, objectionable, not acceptable, or
2 16 not solicited for employment or membership unless based on the
2 17 nature of the occupation. If a person with a disability is
2 18 qualified to perform a particular occupation by reason of
2 19 training or experience, the nature of that occupation shall
2 20 not be the basis for exception to the unfair or discriminating
2 21 practices prohibited by this subsection.
2 22 An employer, employment agency, or their employees,
2 23 servants, or agents may offer employment or advertise for
2 24 employment to only persons with disabilities, when other
2 25 applicants have available to them other employment compatible
2 26 with their ability which would not be available to persons
2 27 with disabilities because of their disabilities. Any such
2 28 employment or offer of employment shall not discriminate among
2 29 persons with disabilities on the basis of race, color, creed,
2 30 sex, sexual orientation, or national origin.
2 31 Sec. 4. Section 216.6, subsection 6, paragraph d, Code
2 32 1999, is amended to read as follows:
2 33 d. Any bona fide religious institution or its educational
2 34 facility, association, corporation, or society with respect to
2 35 any qualifications for employment based on religion or sexual
3 1 orientation when such qualifications are related to a bona
3 2 fide religious purpose. A religious qualification for
3 3 instructional personnel or an administrative officer, serving
3 4 in a supervisory capacity of a bona fide religious educational
3 5 facility or religious institution, shall be presumed to be a
3 6 bona fide occupational qualification.
3 7 Sec. 5. Section 216.7, subsection 1, paragraphs a and b,
3 8 Code 1999, are amended to read as follows:
3 9 a. To refuse or deny to any person because of race, creed,
3 10 color, sex, sexual orientation, national origin, religion, or
3 11 disability the accommodations, advantages, facilities,
3 12 services, or privileges thereof, or otherwise to discriminate
3 13 against any person because of race, creed, color, sex, sexual
3 14 orientation, national origin, religion, or disability in the
3 15 furnishing of such accommodations, advantages, facilities,
3 16 services, or privileges.
3 17 b. To directly or indirectly advertise or in any other
3 18 manner indicate or publicize that the patronage of persons of
3 19 any particular race, creed, color, sex, sexual orientation,
3 20 national origin, religion, or disability is unwelcome,
3 21 objectionable, not acceptable, or not solicited.
3 22 Sec. 6. Section 216.7, subsection 2, paragraph a, Code
3 23 1999, is amended to read as follows:
3 24 a. Any bona fide religious institution with respect to any
3 25 qualifications the institution may impose based on religion or
3 26 sexual orientation when such qualifications are related to a
3 27 bona fide religious purpose.
3 28 Sec. 7. Section 216.8, subsections 1 through 4, Code 1999,
3 29 are amended to read as follows:
3 30 1. To refuse to sell, rent, lease, assign, sublease,
3 31 refuse to negotiate, or to otherwise make unavailable, or deny
3 32 any real property or housing accommodation or part, portion or
3 33 interest therein, to any person because of the race, color,
3 34 creed, sex, sexual orientation, religion, national origin,
3 35 disability, or familial status of such person.
4 1 2. To discriminate against any person because of the
4 2 person's race, color, creed, sex, sexual orientation,
4 3 religion, national origin, disability, or familial status, in
4 4 the terms, conditions or privileges of the sale, rental, lease
4 5 assignment or sublease of any real property or housing
4 6 accommodation or any part, portion or interest in the real
4 7 property or housing accommodation or in the provision of
4 8 services or facilities in connection with the real property or
4 9 housing accommodation.
4 10 For purposes of this section, "person" means one or more
4 11 individuals, corporations, partnerships, associations, labor
4 12 organizations, legal representatives, mutual companies, joint
4 13 stock companies, trusts, unincorporated organizations,
4 14 trustees, trustees in cases under Title 11 of the United
4 15 States Code, receivers, and fiduciaries.
4 16 3. To directly or indirectly advertise, or in any other
4 17 manner indicate or publicize that the purchase, rental, lease,
4 18 assignment, or sublease of any real property or housing
4 19 accommodation or any part, portion or interest therein, by
4 20 persons of any particular race, color, creed, sex, sexual
4 21 orientation, religion, national origin, disability, or
4 22 familial status is unwelcome, objectionable, not acceptable or
4 23 not solicited.
4 24 4. To discriminate against the lessee or purchaser of any
4 25 real property or housing accommodation or part, portion or
4 26 interest of the real property or housing accommodation, or
4 27 against any prospective lessee or purchaser of the property or
4 28 accommodation, because of the race, color, creed, religion,
4 29 sex, sexual orientation, disability, age, or national origin
4 30 of persons who may from time to time be present in or on the
4 31 lessee's or owner's premises for lawful purposes at the
4 32 invitation of the lessee or owner as friends, guests,
4 33 visitors, relatives or in any similar capacity.
4 34 Sec. 8. Section 216.8A, subsections 1 and 2, Code 1999,
4 35 are amended to read as follows:
5 1 1. A person shall not induce or attempt to induce another
5 2 person to sell or rent a dwelling by representations regarding
5 3 the entry or prospective entry into a neighborhood of a person
5 4 of a particular race, color, creed, sex, sexual orientation,
5 5 religion, national origin, disability, or familial status.
5 6 2. A person shall not represent to a person of a
5 7 particular race, color, creed, sex, sexual orientation,
5 8 religion, national origin, disability, or familial status that
5 9 a dwelling is not available for inspection, sale, or rental
5 10 when the dwelling is available for inspection, sale, or
5 11 rental.
5 12 Sec. 9. Section 216.8A, subsection 4, paragraph a, Code
5 13 1999, is amended to read as follows:
5 14 a. A person whose business includes engaging in resi-
5 15 dential real estate related transactions shall not
5 16 discriminate against a person in making a residential real
5 17 estate related transaction available or in terms or conditions
5 18 of a residential real estate related transaction because of
5 19 race, color, creed, sex, sexual orientation, religion,
5 20 national origin, disability, or familial status.
5 21 Sec. 10. Section 216.8A, subsection 5, Code 1999, is
5 22 amended to read as follows:
5 23 5. A person shall not deny another person access to, or
5 24 membership or participation in, a multiple-listing service,
5 25 real estate brokers' organization or other service,
5 26 organization, or facility relating to the business of selling
5 27 or renting dwellings, or discriminate against a person in
5 28 terms or conditions of access, membership, or participation in
5 29 such organization because of race, color, creed, sex, sexual
5 30 orientation, religion, national origin, disability, or
5 31 familial status.
5 32 Sec. 11. Section 216.9, unnumbered paragraph 1, Code 1999,
5 33 is amended to read as follows:
5 34 It is an unfair or discriminatory practice for any
5 35 educational institution to discriminate on the basis of race,
6 1 creed, color, sex, sexual orientation, national origin,
6 2 religion, or disability in any program or activity. Such
6 3 discriminatory practices shall include but not be limited to
6 4 the following practices:
6 5 Sec. 12. Section 216.9, unnumbered paragraph 2, Code 1999,
6 6 is amended to read as follows:
6 7 For the purpose of this section "educational institution"
6 8 includes any preschool, elementary, secondary, or community
6 9 college, area education agency, or postsecondary college or
6 10 university and their governing boards. This section does not
6 11 prohibit an educational institution from maintaining separate
6 12 toilet facilities, locker rooms or living facilities for the
6 13 different sexes so long as comparable facilities are provided.
6 14 Nothing in this section shall be construed as prohibiting any
6 15 bona fide religious institution from imposing qualifications
6 16 based on religion or sexual orientation when such
6 17 qualifications are related to a bona fide religious purpose or
6 18 any institution from admitting students of only one sex.
6 19 Sec. 13. Section 216.10, Code 1999, is amended to read as
6 20 follows:
6 21 216.10 UNFAIR CREDIT PRACTICES.
6 22 It shall be an unfair or discriminatory practice for any:
6 23 1. Creditor to refuse to enter into a consumer credit
6 24 transaction or impose finance charges or other terms or
6 25 conditions more onerous than those regularly extended by that
6 26 creditor to consumers of similar economic backgrounds because
6 27 of age, color, creed, national origin, race, religion, marital
6 28 status, sex, sexual orientation, physical disability, or
6 29 familial status.
6 30 2. Person authorized or licensed to do business in this
6 31 state pursuant to chapter 524, 533, 534, 536, or 536A to
6 32 refuse to loan or extend credit or to impose terms or
6 33 conditions more onerous than those regularly extended to
6 34 persons of similar economic backgrounds because of age, color,
6 35 creed, national origin, race, religion, marital status, sex,
7 1 sexual orientation, physical disability, or familial status.
7 2 3. Creditor to refuse to offer credit life or health and
7 3 accident insurance because of color, creed, national origin,
7 4 race, religion, marital status, age, physical disability, sex,
7 5 sexual orientation, or familial status. Refusal by a creditor
7 6 to offer credit life or health and accident insurance based
7 7 upon the age or physical disability of the consumer shall not
7 8 be an unfair or discriminatory practice if such denial is
7 9 based solely upon bona fide underwriting considerations not
7 10 prohibited by title XIII, subtitle 1.
7 11 The provisions of this section shall not be construed by
7 12 negative implication or otherwise to narrow or restrict any
7 13 other provisions of this chapter.
7 14 Sec. 14. Section 216.12, subsection 1, Code 1999, is
7 15 amended to read as follows:
7 16 1. Any bona fide religious institution with respect to any
7 17 qualifications it may impose based on religion or sexual
7 18 orientation, when the qualifications are related to a bona
7 19 fide religious purpose unless the religious institution owns
7 20 or operates property for a commercial purpose or membership in
7 21 the religion is restricted on account of race, color, or
7 22 national origin.
7 23 Sec. 15. Section 216.12A, Code 1999, is amended to read as
7 24 follows:
7 25 216.12A ADDITIONAL HOUSING EXCEPTION.
7 26 Sections 216.8 and 216.8A do not prohibit a person engaged
7 27 in the business of furnishing appraisals of real estate from
7 28 taking into consideration factors other than race, color,
7 29 creed, sex, sexual orientation, religion, national origin,
7 30 disability, or familial status in appraising real estate.
7 31 EXPLANATION
7 32 This bill defines sexual orientation and prohibits
7 33 discriminatory employment, public accommodation, housing,
7 34 education, and credit practices based upon a person's sexual
7 35 orientation. However, the bill does allow for the imposition
8 1 of qualifications by bona fide religious institutions based
8 2 upon sexual orientation if related to a bona fide religious
8 3 purpose.
8 4 LSB 5994YH 78
8 5 ec/cf/24
Text: HF02450 Text: HF02452 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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