Text: HF00220 Text: HF00222 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 91F.1 DEFINITIONS. 1 2 As used in this chapter, unless the context otherwise 1 3 provides: 1 4 1. "Employ" means to engage or permit to work. 1 5 2. "Employee" means a person employed by an employer and 1 6 includes all of an employer's year-round employees, whether 1 7 working full-time or part-time, and any temporary employee 1 8 employed by an employer for a period of at least three months. 1 9 "Employee" shall not include an individual employed by the 1 10 individual's parent, spouse, or child. 1 11 3. "Employer" means a person who employs three or more 1 12 persons and includes the state and all political subdivisions 1 13 of the state. 1 14 4. "Equivalent jobs" means jobs or occupations that are 1 15 equal within the meaning of the federal Equal Pay Act of 1963, 1 16 29 U.S.C. } 206(d), or jobs or occupations that are dissimilar 1 17 but whose requirements are equivalent, when viewed as a 1 18 composite of skills, effort, responsibility, and working 1 19 conditions, or jobs or occupations that are equally productive 1 20 and have equal value for an employer. 1 21 5. "Labor organization" means an organization that exists 1 22 for the purpose, in whole or in part, of collective bargaining 1 23 or of dealing with employers concerning grievances, terms of 1 24 conditions of employment, or of other mutual aid or protection 1 25 in connection with employment. 1 26 6. "Market rates" means the rates that employers within a 1 27 prescribed geographic area actually pay, or are reported to 1 28 pay, for specific jobs, as determined by formal or informal 1 29 surveys, wage studies, or other means. 1 30 7. "Wages" and "wage rates" include all compensation in 1 31 any form that an employer provides to employees in payment for 1 32 work done or services rendered, including but not limited to 1 33 base pay, bonuses, commissions, awards, tips, or various forms 1 34 of nonmonetary compensation if provided in lieu of or in 1 35 addition to monetary compensation and that have economic value 2 1 to an employee. 2 2 Sec. 2. NEW SECTION. 91F.2 WAGE DISCRIMINATION 2 3 PROHIBITION. 2 4 1. It shall be an unlawful employment practice in 2 5 violation of this chapter for an employer to discriminate 2 6 between employees on the basis of sex, race, or national 2 7 origin by doing any of the following: 2 8 a. Paying wages to employees at a rate less than the rate 2 9 paid to employees of the opposite sex or of a different race 2 10 or national origin for work in equivalent jobs. 2 11 b. Paying wages to employees in a job that is dominated by 2 12 employees of a particular sex, race, or national origin at a 2 13 rate less than the rate at which such employer pays to 2 14 employees in another job that is dominated by employees of the 2 15 opposite sex or of a different race or national origin, for 2 16 work on equivalent jobs. 2 17 2. However, it shall not be an unlawful employment 2 18 practice under this section for an employer to pay different 2 19 wage rates to employees, where such payments are made pursuant 2 20 to any of the following: 2 21 a. A bona fide seniority or merit system. 2 22 b. A system that measures earnings by quantity or quality 2 23 of production. 2 24 c. A bona fide factor other than sex, race, or national 2 25 origin. However, wage differentials based on varying market 2 26 rates for equivalent jobs or based on the differing economic 2 27 benefits to the employer of equivalent jobs shall not be 2 28 considered to be based on a bona fide factor other than sex, 2 29 race, or national origin. 2 30 3. An employer who is paying wages in violation of this 2 31 section shall not, in order to comply with the provisions of 2 32 this section, reduce the wage of any employee. 2 33 4. A labor organization or its agents representing 2 34 employees of an employer having employees subject to any 2 35 provision of this chapter shall not cause or attempt to cause 3 1 such an employer to discriminate against an employee in 3 2 violation of subsection 1. 3 3 5. The labor commissioner shall adopt rules specifying the 3 4 criteria for determining whether a job is dominated by 3 5 employees of a particular sex, race, or national origin. 3 6 Criteria shall include, but not be limited to, factors such as 3 7 whether the job has ever been formally classified as or 3 8 traditionally considered to be a male or female or white or 3 9 minority job; whether a history of discrimination exists 3 10 against women or people of color with regard to wages, 3 11 assignment, or access to jobs, or other terms and conditions 3 12 of employment; and the demographic composition of the 3 13 workforce in equivalent jobs. The rules shall not include a 3 14 list of jobs. 3 15 Sec. 3. NEW SECTION. 91F.3 OTHER PROHIBITED ACTS. 3 16 It shall be an unlawful employment practice in violation of 3 17 this chapter for an employer to do either of the following: 3 18 1. Take adverse actions or otherwise discriminate against 3 19 an individual because such individual has opposed any act or 3 20 practice made unlawful by this chapter; has sought to enforce 3 21 rights protected under this chapter; or has testified, 3 22 assisted, or participated in any manner in an investigation, 3 23 hearing, or other proceeding to enforce this chapter. 3 24 2. Discharge or in any other manner discriminate against, 3 25 coerce, intimidate, threaten, or interfere with an employee or 3 26 another person because the employee inquired about, disclosed, 3 27 compared, or otherwise discussed the employee's wages or the 3 28 wages of any other employee, or because the employee 3 29 exercised, enjoyed, aided, or encouraged another person to 3 30 exercise or enjoy any right granted or protected by this 3 31 chapter. 3 32 Sec. 4. NEW SECTION. 91F.4 WAGE DISCLOSURE, 3 33 RECORDKEEPING, AND REPORTING REQUIREMENTS. 3 34 1. Upon commencement of an individual's employment and at 3 35 least annually thereafter, the individual's employer subject 4 1 to this chapter shall provide to the employee a written 4 2 statement sufficient to inform the employee of the employee's 4 3 job title, wage rate, and how the wage is calculated. This 4 4 notice shall be supplemented whenever an employee is promoted 4 5 or reassigned to a different position with the employer. 4 6 However, the employer is not required to issue supplemental 4 7 notifications for temporary reassignments that are no greater 4 8 than three months in duration. 4 9 2. An employer subject to this chapter shall make and 4 10 preserve records that document the wages paid to employees and 4 11 that document and support the method, system, calculations, 4 12 and other bases used to establish, adjust, and determine the 4 13 wage rates paid to employees. An employer subject to this 4 14 chapter shall preserve the records for such periods of time 4 15 and shall make reports from the records as shall be prescribed 4 16 by rules or orders of the labor commissioner. 4 17 3. The rules adopted under this chapter, relating to the 4 18 form of reports required by subsection 2, shall provide for 4 19 protection of the confidentiality of employees, and shall 4 20 expressly require that reports shall not include the names or 4 21 other identifying information from which readers could discern 4 22 the identities of employees. The rules may also identify 4 23 circumstances that warrant a prohibition on disclosure of 4 24 reports or information identifying the employer. 4 25 4. The labor commissioner may use the information and data 4 26 collected pursuant to subsection 2 for statistical and 4 27 research purposes, and may compile and publish such studies, 4 28 analyses, report, and surveys based on the information and 4 29 data, as appropriate. 4 30 Sec. 5. NEW SECTION. 91F.5 REMEDIES AND ENFORCEMENT. 4 31 1. a. In an action in which a court finds that an 4 32 employer has engaged in acts that violate this chapter, the 4 33 court shall award to an affected employee or employees 4 34 monetary relief, including back pay in an amount equal to the 4 35 difference between the employee's actual earnings and what the 5 1 employee would have earned but for the employer's unlawful 5 2 practices, and an additional amount in compensatory and 5 3 punitive damages, as appropriate. 5 4 b. In an action in which a court finds that an employer 5 5 has engaged in acts that violate this chapter, the court shall 5 6 enjoin the employer from continuing to discriminate against an 5 7 affected employee or employees and shall direct the employer 5 8 to comply with this chapter, and may order the employer to 5 9 take such additional affirmative steps as are necessary, 5 10 including reinstatement or reclassification of an affected 5 11 employee or employees, to ensure an end to unlawful 5 12 discrimination. 5 13 c. In an action in which an affected employee or employees 5 14 prevail in their claims against an employer, the court shall, 5 15 in addition to any judgment awarded to the plaintiffs, order 5 16 the employer to pay a reasonable attorney fee, reasonable 5 17 expert witness fees, and costs of the action. 5 18 2. a. An action to recover the damages or equitable 5 19 relief prescribed in subsection 1 may be maintained against an 5 20 employer in any court of competent jurisdiction by one or more 5 21 employees or their representative on their own behalf or on 5 22 their own behalf and the behalf of other employees similarly 5 23 situated. 5 24 b. (1) The labor commissioner shall receive, investigate, 5 25 and attempt to resolve complaints of violations of this 5 26 chapter. 5 27 (2) If the labor commissioner is unable to reach a 5 28 voluntary resolution of a complaint, the labor commissioner 5 29 may bring an action in any court of competent jurisdiction to 5 30 recover the equitable and monetary relief described in 5 31 subsection 1. 5 32 (3) Any sums recovered by the labor commissioner pursuant 5 33 to this paragraph shall be paid directly to each employee 5 34 affected by the employer's unlawful acts. 5 35 c. An action may be brought under this section not later 6 1 than two years after the date of the last event constituting 6 2 the alleged violation for which the action is brought. 6 3 Sec. 6. EFFECTIVE DATE. This Act, being deemed of 6 4 immediate importance, takes effect upon enactment. 6 5 EXPLANATION 6 6 This bill creates a new Code chapter governing wage 6 7 discrimination. 6 8 The bill makes it unlawful for an employer to pay wages 6 9 that discriminate between employees based on sex, race, or 6 10 national origin unless the differences are due to a valid 6 11 factor unrelated to sex, race, or national origin. The bill 6 12 also makes it unlawful for an employer to take action against 6 13 a person exercising their rights pursuant to this new chapter. 6 14 The bill requires employers, on an annual basis, to provide 6 15 employees with information on how the employees' wage is 6 16 calculated. The bill also requires employers to maintain 6 17 records concerning wages paid to employees. 6 18 The bill permits an affected employee to maintain an action 6 19 against an employer who violates this chapter and to obtain 6 20 damages, seek an injunction, and be awarded witness and 6 21 attorney fees. The bill also permits employees to maintain an 6 22 action on behalf of other employees. In addition, the labor 6 23 commissioner is granted the authority to resolve complaints 6 24 arising out of this chapter and to maintain a civil action for 6 25 monetary and equitable relief. 6 26 This bill takes effect upon enactment. 6 27 LSB 1269HH 79 6 28 kh/cf/24
Text: HF00220 Text: HF00222 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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