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
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