Text: HF00450 Text: HF00452 Text: HF00400 - HF00499 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 for wages.
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.
1 20 5. "Labor organization" means an organization that exists
1 21 for the purpose, in whole or in part, of collective bargaining
1 22 or of dealing with employers concerning grievances, terms or
1 23 conditions of employment, or of other mutual aid or protection
1 24 in connection with employment.
1 25 6. "Market rates" means the rates that employers within a
1 26 prescribed geographic area actually pay, or are reported to
1 27 pay, for specific jobs, as determined by formal or informal
1 28 surveys, wage studies, or other means.
1 29 7. "Wages" and "wage rates" include all compensation in
1 30 any form that an employer provides to employees in payment for
1 31 work done or services rendered, including but not limited to
1 32 base pay, bonuses, commissions, awards, tips, or various forms
1 33 of nonmonetary compensation if provided in lieu of or in
1 34 addition to monetary compensation and that have economic value
1 35 to an employee.
2 1 Sec. 2. NEW SECTION. 91F.2 WAGE DISCRIMINATION
2 2 PROHIBITION.
2 3 1. An employer shall not discriminate between employees on
2 4 the basis of sex, race, or national origin by doing any of the
2 5 following:
2 6 a. Paying wages to employees of one sex, race, or national
2 7 origin at a rate less than the rate paid to employees of the
2 8 opposite sex or of a different race or national origin for
2 9 work in equivalent jobs.
2 10 b. Paying wages to employees in a job that is dominated by
2 11 employees of a particular sex, race, or national origin at a
2 12 rate less than the rate at which such employer pays to
2 13 employees in another job that is dominated by employees of the
2 14 opposite sex or of a different race or national origin, if the
2 15 work on the jobs is equivalent.
2 16 2. However, it shall not be an unlawful employment
2 17 practice under this section for an employer to pay different
2 18 wage rates to employees, if such payments are made pursuant to
2 19 any of the following:
2 20 a. A bona fide seniority or merit system.
2 21 b. A system that measures earnings by quantity or quality
2 22 of production.
2 23 c. A bona fide factor other than sex, race, or national
2 24 origin. However, wage differentials based on varying market
2 25 rates for equivalent jobs or based on the differing economic
2 26 benefits to the employer of equivalent jobs shall not be
2 27 considered to be based on a bona fide factor other than sex,
2 28 race, or national origin.
2 29 3. An employer who is paying wages in violation of this
2 30 section shall not, in order to comply with the provisions of
2 31 this section, reduce the wage of any employee.
2 32 4. A labor organization or its agents representing
2 33 employees of an employer having employees subject to any
2 34 provision of this chapter shall not cause or attempt to cause
2 35 such an employer to discriminate against an employee in
3 1 violation of subsection 1.
3 2 5. The labor commissioner shall adopt rules specifying the
3 3 criteria for determining whether a job is dominated by
3 4 employees of a particular sex, race, or national origin.
3 5 Criteria shall include, but not be limited to, factors such as
3 6 whether the job has ever been formally classified as or
3 7 traditionally considered to be a male or female or white or
3 8 minority job; whether a history of discrimination exists
3 9 against women or people of color with regard to wages,
3 10 assignment, or access to jobs, or other terms and conditions
3 11 of employment; and the demographic composition of the
3 12 workforce in equivalent jobs. The rules shall not include a
3 13 list of jobs.
3 14 EXPLANATION
3 15 This bill creates a new Code chapter governing wage
3 16 discrimination.
3 17 The bill provides that an employer shall not pay wages that
3 18 discriminate between employees based on sex, race, or national
3 19 origin unless the differences are due to a valid factor
3 20 unrelated to sex, race, or national origin.
3 21 LSB 2719HH 80
3 22 av/cf/24
Text: HF00450 Text: HF00452 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 2003 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: Thu Mar 13 02:30:16 CST 2003
URL: /DOCS/GA/80GA/Legislation/HF/00400/HF00451/030305.html
jhf