Text: HF00225                           Text: HF00227
Text: HF00200 - HF00299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 226

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 729.4, Code 2001, is amended to read as
  1  2 follows:
  1  3    729.4  FAIR EMPLOYMENT PRACTICES.
  1  4    1.  Every person in this state is entitled to the
  1  5 opportunity for employment on equal terms with every other
  1  6 person.  A person or employer shall not discriminate in the
  1  7 employment of individuals because of race, religion, color,
  1  8 sex, national origin, or ancestry, and shall not discriminate
  1  9 in compensation for work of comparable worth between jobs held
  1 10 predominately by women and men and by minorities and
  1 11 nonminorities.  "Comparable worth" means the value of work as
  1 12 measured by the composite of the skill, effort,
  1 13 responsibility, and working conditions normally required in
  1 14 the performance of work.  However, as to employment an
  1 15 individual must be qualified to perform the services or work
  1 16 required.
  1 17    2.  A labor union or organization or an officer thereof
  1 18 shall not discriminate against any person as to membership
  1 19 therein because of race, religion, color, sex, national origin
  1 20 or ancestry.
  1 21    3.  Any person, employer, labor union or organization or
  1 22 officer of a labor union or organization convicted of a
  1 23 violation of subsection 1 or 2 shall be guilty of a simple
  1 24 misdemeanor.
  1 25    4.  A person or employer who violates subsection 1 shall be
  1 26 liable for such compensatory and punitive damages as may be
  1 27 awarded in a court of law.  Any person or employer who is
  1 28 found liable by virtue of a final judgment for such monetary
  1 29 damages shall, in addition, pay to the state a civil penalty
  1 30 equal to ten percent of the amount of damages owed.  Such
  1 31 civil penalty is appropriated and shall be used by the state
  1 32 solely for the purpose of carrying out its responsibilities
  1 33 for the administration and enforcement of subsection 1,
  1 34 including, but not limited to, carrying out research mandated
  1 35 by section 729.4A and the administration and enforcement of
  2  1 other state employment discrimination laws pursuant to chapter
  2  2 216.
  2  3    Sec. 2.  NEW SECTION.  729.4A  EQUAL PAY COMMISSION.
  2  4    1.  Within ninety days after the effective date of this
  2  5 Act, the labor commissioner shall appoint a commission known
  2  6 as the equal pay commission which shall consist of the
  2  7 following nine members:
  2  8    a.  Two representatives of business in the state who are
  2  9 appointed from among individuals nominated by state business
  2 10 organizations and business trade associations.
  2 11    b.  Two representatives of labor organizations who have
  2 12 been nominated by state labor federations.  For purposes of
  2 13 this paragraph, a state labor federation is an organization
  2 14 that is chartered by a federation of national or international
  2 15 unions, admits local unions to membership, and exists
  2 16 primarily to carry on educational, legislative, and
  2 17 coordinating activities.
  2 18    c.  Two representatives of organizations whose objectives
  2 19 include the elimination of pay disparities between men and
  2 20 women or minorities and nonminorities, and who have undertaken
  2 21 advocacy, educational, or legislative initiatives in pursuit
  2 22 of that objective.
  2 23    d.  Three individuals drawn from higher education or
  2 24 research institutions who have experience and expertise in the
  2 25 collection and analysis of data concerning such pay
  2 26 disparities and whose research has already been used in
  2 27 efforts to promote the elimination of those disparities.
  2 28    2.  The commission shall make a full and complete study of
  2 29 the following:
  2 30    a.  The extent of wage disparities, both in the public and
  2 31 private sector, between men and women and between minorities
  2 32 and nonminorities.
  2 33    b.  Those factors which cause, or which tend to cause, such
  2 34 disparities, including segregation between men and women and
  2 35 between minorities and nonminorities across and within
  3  1 occupations, payment of lower wages for work in female-
  3  2 dominated occupations, child-rearing responsibilities, and
  3  3 education.
  3  4    c.  The consequences of such disparities on the economy and
  3  5 on families affected.
  3  6    d.  Actions, including proposed legislation, that are
  3  7 likely to lead to the elimination and prevention of such
  3  8 disparities.
  3  9    3.  The commission shall, no later than twelve months after
  3 10 its members are appointed, make its report to the labor
  3 11 commissioner, who shall, in turn, transmit the report to the
  3 12 governor.
  3 13    4.  The commission's report shall include the results of
  3 14 its study as well as its recommendations, legislative and
  3 15 otherwise, for the elimination and prevention of disparities
  3 16 in wages between men and women and between minorities and
  3 17 nonminorities.  
  3 18                           EXPLANATION
  3 19    This bill provides that a person or employer shall not
  3 20 discriminate in providing compensation for work of comparable
  3 21 worth between jobs held predominately by women and men and by
  3 22 minorities and nonminorities.  The bill defines comparable
  3 23 worth as being the value of work measured by the skill,
  3 24 responsibility, and working conditions involved in performing
  3 25 the work.  A violation of this provision constitutes a simple
  3 26 misdemeanor.
  3 27    The bill also provides that a person or employer who
  3 28 violates this section can be held liable for compensatory and
  3 29 punitive damages.  In addition, a person or employer who is
  3 30 found liable for such damages shall also pay to the state a
  3 31 civil penalty equal to 10 percent of the amount of such
  3 32 damages.  This civil penalty is appropriated to and shall be
  3 33 used by the state for the purpose of carrying out the
  3 34 administration and enforcement of this section and for the
  3 35 administration and enforcement of the Iowa civil rights Act
  4  1 contained in Code chapter 216.
  4  2    The bill also creates an equal pay commission of nine
  4  3 members to be appointed by the labor commissioner to study
  4  4 wage disparity issues in the state and to make a report to the
  4  5 labor commissioner within 12 months of its formation.  
  4  6 LSB 1563HH 79
  4  7 av/cf/24
     

Text: HF00225                           Text: HF00227
Text: HF00200 - HF00299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home index


© 2001 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 May 9 09:40:40 CDT 2001
URL: /DOCS/GA/79GA/Legislation/HF/00200/HF00226/010208.html
jhf