H-8224

   Amend House File 2455 as follows:
   1.  Page 17, after line 10 by inserting: 
<DIVISION ___
MISCELLANEOUS PROVISIONS —— SERVICE CONTRACT RECIPIENTS

   Sec. ___.  Section 8F.3, subsection 1, paragraphs b and d, Code 2016, are amended to read as follows:
   b.  Information regarding the training and education received by the members of the governing body of the recipient entity relating to the duties and legal responsibilities of the governing body.  The information shall also include certification that the members of the governing body have completed a training program established pursuant to section 19B.7, subsection 3.
   d.  Information regarding any policies adopted by the governing body of the recipient entity that prohibit taking adverse employment action against employees of the recipient entity who disclose information about a service contract, to include information about the pay and benefits received by an employee of a recipient entity, to the oversight agency, the auditor of state, the office of the attorney general, or the office of ombudsman and that state whether those policies are substantially similar to the protection provided to state employees under section 70A.28. The information provided shall state whether employees of the recipient entity are informed on a regular basis of their rights to disclose information to the oversight agency, the office of ombudsman, the auditor of state, or the office of the attorney general and the telephone numbers of those organizations.
   Sec. ___.  Section 19B.7, Code 2016, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  The department of administrative services, in coordination with the Iowa civil rights commission, shall establish a training program for prospective recipient entities, as defined in section 8F.2, concerning the requirements of this section, and chapter 216, relative to the administration and promotion of equal opportunity and the prohibition of discriminatory and unfair practices within any program receiving or benefiting from state financial assistance. The program shall specifically include guidance relative to unfair employment practices as described in section 216.6, and wage discrimination in employment prohibitions as described in section 216.6A.
DIVISION ___
MISCELLANEOUS PROVISIONS —— WAGE DISCRIMINATION IN EMPLOYMENT

   Sec. ___.  Section 216.6A, Code 2016, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  It shall be an unfair or discriminatory practice for any employer or agent of any employer to do any of the following:
   a.  Require, as a condition of employment, that an employee refrain from disclosing, discussing, or sharing information about the amount of the employee’s wages, benefits, or other compensation or from inquiring, discussing, or sharing information about any other employee’s wages, benefits, or other compensation.
   b.  Require, as a condition of employment, that an employee sign a waiver or other document that requires an employee to refrain from engaging in any of the activities permitted under paragraph “a”.
   c.  Discriminate or retaliate against an employee for engaging in any of the activities permitted under paragraph “a”.
   d.  Seek salary history information, including but not limited to information on compensation and benefits, from a potential employee as a condition of a job interview or employment. This paragraph shall not be construed to prohibit a prospective employer from asking a prospective employee what salary level the prospective employee would require in order to accept a job.
   e.  Release the salary history, including but not limited to information on compensation and benefits, of any current or former employee to any prospective employer in response to a request as part of an interview or hiring process without written authorization from such current or former employee.
   f.  Publish, list, or post within the employer’s organization, with any employment agency, job-listing service, or internet site, or in any other public manner, an advertisement to recruit candidates for hire or independent contractors to fill a position within the employer’s organization without including the minimum rate of pay of the position. The rate of pay may be by the hour, shift, day, week, salary, piece, commission, or other applicable rate. The rate of pay shall include overtime and allowances, if any, claimed as part of the minimum wage, including but not limited to tipped wages.
   g.  Pay a newly hired employee at less than the rate of pay advertised for the employee’s position as required under paragraph “f”.
DIVISION ___
MISCELLANEOUS PROVISIONS —— WAGE DISCRIMINATION —— EQUAL PAY TASK FORCE AND REPORT

   Sec. ___.  EQUAL PAY TASK FORCE AND REPORT.
   1.  An equal pay task force is created. The task force shall consist of the following members:
   a.  The director of the civil rights commission, or the director’s designee.
   b.  The director of the department of human rights, or the director’s designee.
   c.  An employee of the labor market information division of the department of workforce development designated by the director of the department.
   d.  A representative of the association of business and industry, appointed by the president of the association.
   e.  A member of a statewide labor organization designated by the legislative council, appointed by the president of the organization.
   f.  Two representatives of organizations whose objectives include the elimination of pay disparities between men and women and minorities and nonminorities and that have undertaken advocacy, educational, or legislative initiatives in pursuit of such objectives appointed by the director of the civil rights commission in consultation with the leadership of those organizations.
   g.  Two representatives of postsecondary education institutions who have experience and expertise in the collection and analysis of data concerning pay disparities between men and women and minorities and nonminorities and whose research has been used in efforts to promote the elimination of such disparities appointed by the director of the civil rights commission in consultation with the leadership of those institutions.
   h.  Four members of the general assembly serving as ex officio, nonvoting members, one representative to be appointed by the speaker of the house of representatives, one representative to be appointed by the minority leader of the house of representatives, one senator to be appointed by the majority leader of the senate, and one senator to be appointed by the minority leader of the senate.
   2.  The task force shall study all of the following:
   a.  The extent of wage disparities, both in the public and private sectors, between men and women and between minorities and nonminorities.
   b.  Factors that cause, or which tend to cause, such disparities, including segregation between women and men and between minorities and nonminorities across and within occupations, payment of lower wages for work in female-dominated occupations, child-rearing responsibilities, the number of women who are heads of households, education, hours worked, and years on the job.
   c.  The consequences of such disparities on the economy and affected families.
   d.  Actions likely to lead to the elimination and prevention of such disparities.
   3.  The civil rights commission shall provide staffing services for the task force.
   4.  The voting members shall elect a chairperson from the voting membership of the task force. A majority of the voting members of the task force constitutes a quorum.
   5.  Voting members of the task force shall receive reimbursement for actual expenses incurred while serving in their official capacity only if they are not eligible for reimbursement by the organization that they represent. Legislative members shall be paid the per diem and expenses specified in section 2.10.
   6.  The task force shall submit a report regarding its findings and its recommendations regarding potential actions for the elimination and prevention of disparities in wages between men and women and minorities and nonminorities to the governor and the general assembly no later than December 22, 2017.
DIVISION ___
MISCELLANEOUS PROVISIONS —— WAGE DISCRIMINATION

   Sec. ___.  ADDITIONAL UNFAIR OR DISCRIMINATORY PRACTICE —— WAGE DISCRIMINATION IN EMPLOYMENT.
   1.  As stated in chapter 216, the general assembly finds that the practice of discriminating against any employee because of the age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability of such employee by paying wages to such employee at a rate less than the rate paid to other employees does all of the following:
   a.  Unjustly discriminates against the person receiving the lesser rate.
   b.  Leads to low employee morale, high turnover, and frequent labor unrest.
   c.  Discourages employees paid at lesser wage rates from training for higher level jobs.
   d.  Curtails employment opportunities, decreases employees’ mobility, and increases labor costs.
   e.  Impairs purchasing power and threatens the maintenance of an adequate standard of living by such employees and their families.
   f.  Prevents optimum utilization of the state’s available labor resources.
   g.  Threatens the well-being of citizens of this state and adversely affects the general welfare.
   2.  As stated in section 216.6A, it remains unfair or discriminatory practice for any employer or agent of any employer to discriminate against any employee because of the age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability of such employee by paying wages to such employee at a rate less than the rate paid to other employees who are employed within the same establishment for equal work on jobs, the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. As also stated in section 216.6A, an employer or agent of an employer who is paying wages to an employee at a rate less than the rate paid to other employees in violation of this section shall not remedy the violation by reducing the wage rate of any employee.>
   2.  By renumbering as necessary.

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FINKENAUER of Dubuque

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ABDUL-SAMAD of Polk

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ANDERSON of Polk

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BEARINGER of Fayette

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BENNETT of Linn

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BROWN-POWERS of Black Hawk

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COHOON of Des Moines

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DAWSON of Woodbury

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DUNKEL of Dubuque

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FORBES of Polk

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GAINES of Polk

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GASKILL of Wapello

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HALL of Woodbury

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HANSON of Jefferson

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HEDDENS of Story

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HUNTER of Polk

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ISENHART of Dubuque

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JACOBY of Johnson

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KEARNS of Lee

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KELLEY of Jasper

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 KRESSIG of Black Hawk

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 LENSING of Johnson

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 LYKAM of Scott

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 MASCHER of Johnson

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 McCONKEY of Pottawattamie

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 MEYER of Polk

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 H. MILLER of Webster

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 OLDSON of Polk

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 OLSON of Polk

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 OURTH of Warren

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 PRICHARD of Floyd

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 RUFF of Clayton

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 RUNNING-MARQUARDT of Linn

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 SMITH of Marshall

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 STAED of Linn

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 STECKMAN of Cerro Gordo

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 STUTSMAN of Johnson

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 T. TAYLOR of Linn

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 THEDE of Scott

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 WESSEL-KROESCHELL of Story

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 WINCKLER of Scott

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 WOLFE of Clinton