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