House File 2455 H-8224 Amend House File 2455 as follows: 1 1. Page 17, after line 10 by inserting: 2 < DIVISION ___ 3 MISCELLANEOUS PROVISIONS —— SERVICE CONTRACT RECIPIENTS 4 Sec. ___. Section 8F.3, subsection 1, paragraphs b 5 and d, Code 2016, are amended to read as follows: 6 b. Information regarding the training and education 7 received by the members of the governing body of 8 the recipient entity relating to the duties and 9 legal responsibilities of the governing body. The 10 information shall also include certification that 11 the members of the governing body have completed a 12 training program established pursuant to section 19B.7, 13 subsection 3. 14 d. Information regarding any policies adopted 15 by the governing body of the recipient entity that 16 prohibit taking adverse employment action against 17 employees of the recipient entity who disclose 18 information about a service contract , to include 19 information about the pay and benefits received by 20 an employee of a recipient entity, to the oversight 21 agency, the auditor of state, the office of the 22 attorney general, or the office of ombudsman and 23 that state whether those policies are substantially 24 similar to the protection provided to state employees 25 under section 70A.28 . The information provided shall 26 state whether employees of the recipient entity are 27 informed on a regular basis of their rights to disclose 28 information to the oversight agency, the office of 29 ombudsman, the auditor of state, or the office of the 30 attorney general and the telephone numbers of those 31 organizations. 32 Sec. ___. Section 19B.7, Code 2016, is amended by 33 adding the following new subsection: 34 NEW SUBSECTION . 3. The department of 35 -1- HF2455.3610 (3) 86 aw/tm 1/ 11 #1.

administrative services, in coordination with 1 the Iowa civil rights commission, shall establish a 2 training program for prospective recipient entities, as 3 defined in section 8F.2, concerning the requirements 4 of this section, and chapter 216, relative to the 5 administration and promotion of equal opportunity and 6 the prohibition of discriminatory and unfair practices 7 within any program receiving or benefiting from state 8 financial assistance. The program shall specifically 9 include guidance relative to unfair employment 10 practices as described in section 216.6, and wage 11 discrimination in employment prohibitions as described 12 in section 216.6A. 13 DIVISION ___ 14 MISCELLANEOUS PROVISIONS —— WAGE DISCRIMINATION IN 15 EMPLOYMENT 16 Sec. ___. Section 216.6A, Code 2016, is amended by 17 adding the following new subsection: 18 NEW SUBSECTION . 2A. It shall be an unfair or 19 discriminatory practice for any employer or agent of 20 any employer to do any of the following: 21 a. Require, as a condition of employment, that 22 an employee refrain from disclosing, discussing, 23 or sharing information about the amount of the 24 employee’s wages, benefits, or other compensation or 25 from inquiring, discussing, or sharing information 26 about any other employee’s wages, benefits, or other 27 compensation. 28 b. Require, as a condition of employment, that an 29 employee sign a waiver or other document that requires 30 an employee to refrain from engaging in any of the 31 activities permitted under paragraph “a” . 32 c. Discriminate or retaliate against an employee 33 for engaging in any of the activities permitted under 34 paragraph “a” . 35 -2- HF2455.3610 (3) 86 aw/tm 2/ 11

d. Seek salary history information, including 1 but not limited to information on compensation and 2 benefits, from a potential employee as a condition of a 3 job interview or employment. This paragraph shall not 4 be construed to prohibit a prospective employer from 5 asking a prospective employee what salary level the 6 prospective employee would require in order to accept 7 a job. 8 e. Release the salary history, including but 9 not limited to information on compensation and 10 benefits, of any current or former employee to any 11 prospective employer in response to a request as part 12 of an interview or hiring process without written 13 authorization from such current or former employee. 14 f. Publish, list, or post within the employer’s 15 organization, with any employment agency, job-listing 16 service, or internet site, or in any other public 17 manner, an advertisement to recruit candidates for hire 18 or independent contractors to fill a position within 19 the employer’s organization without including the 20 minimum rate of pay of the position. The rate of pay 21 may be by the hour, shift, day, week, salary, piece, 22 commission, or other applicable rate. The rate of pay 23 shall include overtime and allowances, if any, claimed 24 as part of the minimum wage, including but not limited 25 to tipped wages. 26 g. Pay a newly hired employee at less than the 27 rate of pay advertised for the employee’s position as 28 required under paragraph “f” . 29 DIVISION ___ 30 MISCELLANEOUS PROVISIONS —— WAGE DISCRIMINATION —— 31 EQUAL PAY TASK FORCE AND REPORT 32 Sec. ___. EQUAL PAY TASK FORCE AND REPORT. 33 1. An equal pay task force is created. The task 34 force shall consist of the following members: 35 -3- HF2455.3610 (3) 86 aw/tm 3/ 11

a. The director of the civil rights commission, or 1 the director’s designee. 2 b. The director of the department of human rights, 3 or the director’s designee. 4 c. An employee of the labor market information 5 division of the department of workforce development 6 designated by the director of the department. 7 d. A representative of the association of business 8 and industry, appointed by the president of the 9 association. 10 e. A member of a statewide labor organization 11 designated by the legislative council, appointed by the 12 president of the organization. 13 f. Two representatives of organizations whose 14 objectives include the elimination of pay disparities 15 between men and women and minorities and nonminorities 16 and that have undertaken advocacy, educational, or 17 legislative initiatives in pursuit of such objectives 18 appointed by the director of the civil rights 19 commission in consultation with the leadership of those 20 organizations. 21 g. Two representatives of postsecondary education 22 institutions who have experience and expertise in 23 the collection and analysis of data concerning pay 24 disparities between men and women and minorities and 25 nonminorities and whose research has been used in 26 efforts to promote the elimination of such disparities 27 appointed by the director of the civil rights 28 commission in consultation with the leadership of those 29 institutions. 30 h. Four members of the general assembly serving 31 as ex officio, nonvoting members, one representative 32 to be appointed by the speaker of the house of 33 representatives, one representative to be appointed by 34 the minority leader of the house of representatives, 35 -4- HF2455.3610 (3) 86 aw/tm 4/ 11

one senator to be appointed by the majority leader of 1 the senate, and one senator to be appointed by the 2 minority leader of the senate. 3 2. The task force shall study all of the following: 4 a. The extent of wage disparities, both in the 5 public and private sectors, between men and women and 6 between minorities and nonminorities. 7 b. Factors that cause, or which tend to cause, such 8 disparities, including segregation between women and 9 men and between minorities and nonminorities across 10 and within occupations, payment of lower wages for 11 work in female-dominated occupations, child-rearing 12 responsibilities, the number of women who are heads of 13 households, education, hours worked, and years on the 14 job. 15 c. The consequences of such disparities on the 16 economy and affected families. 17 d. Actions likely to lead to the elimination and 18 prevention of such disparities. 19 3. The civil rights commission shall provide 20 staffing services for the task force. 21 4. The voting members shall elect a chairperson 22 from the voting membership of the task force. A 23 majority of the voting members of the task force 24 constitutes a quorum. 25 5. Voting members of the task force shall receive 26 reimbursement for actual expenses incurred while 27 serving in their official capacity only if they are not 28 eligible for reimbursement by the organization that 29 they represent. Legislative members shall be paid the 30 per diem and expenses specified in section 2.10. 31 6. The task force shall submit a report regarding 32 its findings and its recommendations regarding 33 potential actions for the elimination and prevention 34 of disparities in wages between men and women and 35 -5- HF2455.3610 (3) 86 aw/tm 5/ 11

minorities and nonminorities to the governor and the 1 general assembly no later than December 22, 2017. 2 DIVISION ___ 3 MISCELLANEOUS PROVISIONS —— WAGE DISCRIMINATION 4 Sec. ___. ADDITIONAL UNFAIR OR DISCRIMINATORY 5 PRACTICE —— WAGE DISCRIMINATION IN EMPLOYMENT. 6 1. As stated in chapter 216, the general assembly 7 finds that the practice of discriminating against any 8 employee because of the age, race, creed, color, sex, 9 sexual orientation, gender identity, national origin, 10 religion, or disability of such employee by paying 11 wages to such employee at a rate less than the rate 12 paid to other employees does all of the following: 13 a. Unjustly discriminates against the person 14 receiving the lesser rate. 15 b. Leads to low employee morale, high turnover, and 16 frequent labor unrest. 17 c. Discourages employees paid at lesser wage rates 18 from training for higher level jobs. 19 d. Curtails employment opportunities, decreases 20 employees’ mobility, and increases labor costs. 21 e. Impairs purchasing power and threatens the 22 maintenance of an adequate standard of living by such 23 employees and their families. 24 f. Prevents optimum utilization of the state’s 25 available labor resources. 26 g. Threatens the well-being of citizens of this 27 state and adversely affects the general welfare. 28 2. As stated in section 216.6A, it remains 29 unfair or discriminatory practice for any employer 30 or agent of any employer to discriminate against 31 any employee because of the age, race, creed, color, 32 sex, sexual orientation, gender identity, national 33 origin, religion, or disability of such employee by 34 paying wages to such employee at a rate less than the 35 -6- HF2455.3610 (3) 86 aw/tm 6/ 11

rate paid to other employees who are employed within 1 the same establishment for equal work on jobs, the 2 performance of which requires equal skill, effort, and 3 responsibility, and which are performed under similar 4 working conditions. As also stated in section 216.6A, 5 an employer or agent of an employer who is paying wages 6 to an employee at a rate less than the rate paid to 7 other employees in violation of this section shall not 8 remedy the violation by reducing the wage rate of any 9 employee. > 10 2. By renumbering as necessary. 11 ______________________________ FINKENAUER of Dubuque ______________________________ ABDUL-SAMAD of Polk ______________________________ ANDERSON of Polk ______________________________ BEARINGER of Fayette ______________________________ BENNETT of Linn ______________________________ BROWN-POWERS of Black Hawk -7- HF2455.3610 (3) 86 aw/tm 7/ 11 #2.

______________________________ COHOON of Des Moines ______________________________ DAWSON of Woodbury ______________________________ DUNKEL of Dubuque ______________________________ FORBES of Polk ______________________________ GAINES of Polk ______________________________ GASKILL of Wapello ______________________________ HALL of Woodbury ______________________________ HANSON of Jefferson ______________________________ HEDDENS of Story -8- HF2455.3610 (3) 86 aw/tm 8/ 11

______________________________ HUNTER of Polk ______________________________ ISENHART of Dubuque ______________________________ JACOBY of Johnson ______________________________ KEARNS of Lee ______________________________ KELLEY of Jasper ______________________________ KRESSIG of Black Hawk ______________________________ LENSING of Johnson ______________________________ LYKAM of Scott ______________________________ MASCHER of Johnson -9- HF2455.3610 (3) 86 aw/tm 9/ 11

______________________________ McCONKEY of Pottawattamie ______________________________ MEYER of Polk ______________________________ H. MILLER of Webster ______________________________ OLDSON of Polk ______________________________ OLSON of Polk ______________________________ OURTH of Warren ______________________________ PRICHARD of Floyd ______________________________ RUFF of Clayton ______________________________ RUNNING-MARQUARDT of Linn -10- HF2455.3610 (3) 86 aw/tm 10/ 11

______________________________ SMITH of Marshall ______________________________ STAED of Linn ______________________________ STECKMAN of Cerro Gordo ______________________________ STUTSMAN of Johnson ______________________________ T. TAYLOR of Linn ______________________________ THEDE of Scott ______________________________ WESSEL-KROESCHELL of Story ______________________________ WINCKLER of Scott ______________________________ WOLFE of Clinton -11- HF2455.3610 (3) 86 aw/tm 11/ 11