House File 291 H-1094 Amend House File 291 as follows: 1 1. By striking everything after the enacting clause 2 and inserting: 3 < DIVISION I 4 WAGE DISCRIMINATION IN EMPLOYMENT 5 Section 1. Section 216.6A, Code 2017, is amended by 6 adding the following new subsection: 7 NEW SUBSECTION . 2A. It shall be an unfair or 8 discriminatory practice for any employer or agent of 9 any employer to do any of the following: 10 a. Require, as a condition of employment, that 11 an employee refrain from disclosing, discussing, 12 or sharing information about the amount of the 13 employee’s wages, benefits, or other compensation or 14 from inquiring, discussing, or sharing information 15 about any other employee’s wages, benefits, or other 16 compensation. 17 b. Require, as a condition of employment, that an 18 employee sign a waiver or other document that requires 19 an employee to refrain from engaging in any of the 20 activities permitted under paragraph “a” . 21 c. Discriminate or retaliate against an employee 22 for engaging in any of the activities permitted under 23 paragraph “a” . 24 d. Seek salary history information, including 25 but not limited to information on compensation and 26 benefits, from a potential employee as a condition of a 27 job interview or employment. This paragraph shall not 28 be construed to prohibit a prospective employer from 29 asking a prospective employee what salary level the 30 prospective employee would require in order to accept 31 a job. 32 e. Release the salary history, including but 33 not limited to information on compensation and 34 benefits, of any current or former employee to any 35 -1- HF291.337 (3) 87 je/rj 1/ 4 #1.

prospective employer in response to a request as part 1 of an interview or hiring process without written 2 authorization from such current or former employee. 3 f. Publish, list, or post within the employer’s 4 organization, with any employment agency, job-listing 5 service, or internet site, or in any other public 6 manner, an advertisement to recruit candidates for hire 7 or independent contractors to fill a position within 8 the employer’s organization without including the 9 minimum rate of pay of the position. The rate of pay 10 may be by the hour, shift, day, week, salary, piece, 11 commission, or other applicable rate. The rate of pay 12 shall include overtime and allowances, if any, claimed 13 as part of the minimum wage, including but not limited 14 to tipped wages. 15 g. Pay a newly hired employee at less than the 16 rate of pay advertised for the employee’s position as 17 required under paragraph “f” . 18 DIVISION II 19 WAGE DISCRIMINATION —— EQUAL PAY TASK FORCE AND REPORT 20 Sec. 2. EQUAL PAY TASK FORCE AND REPORT. 21 1. An equal pay task force is created. The task 22 force shall consist of the following members: 23 a. The director of the civil rights commission, or 24 the director’s designee. 25 b. The director of the department of human rights, 26 or the director’s designee. 27 c. An employee of the labor market information 28 division of the department of workforce development 29 designated by the director of the department. 30 d. A representative of the association of business 31 and industry, appointed by the president of the 32 association. 33 e. A member of a statewide labor organization 34 designated by the legislative council, appointed by the 35 -2- HF291.337 (3) 87 je/rj 2/ 4

president of the organization. 1 f. Two representatives of organizations whose 2 objectives include the elimination of pay disparities 3 between men and women and minorities and nonminorities 4 and that have undertaken advocacy, educational, or 5 legislative initiatives in pursuit of such objectives 6 appointed by the director of the civil rights 7 commission in consultation with the leadership of those 8 organizations. 9 g. Two representatives of postsecondary education 10 institutions who have experience and expertise in 11 the collection and analysis of data concerning pay 12 disparities between men and women and minorities and 13 nonminorities and whose research has been used in 14 efforts to promote the elimination of such disparities 15 appointed by the director of the civil rights 16 commission in consultation with the leadership of those 17 institutions. 18 h. Four members of the general assembly serving 19 as ex officio, nonvoting members, one representative 20 to be appointed by the speaker of the house of 21 representatives, one representative to be appointed by 22 the minority leader of the house of representatives, 23 one senator to be appointed by the majority leader of 24 the senate, and one senator to be appointed by the 25 minority leader of the senate. 26 2. The task force shall study all of the following: 27 a. The extent of wage disparities, both in the 28 public and private sectors, between men and women and 29 between minorities and nonminorities. 30 b. Factors that cause, or which tend to cause, such 31 disparities, including segregation between women and 32 men and between minorities and nonminorities across 33 and within occupations, payment of lower wages for 34 work in female-dominated occupations, child-rearing 35 -3- HF291.337 (3) 87 je/rj 3/ 4

responsibilities, the number of women who are heads of 1 households, education, hours worked, and years on the 2 job. 3 c. The consequences of such disparities on the 4 economy and affected families. 5 d. Actions likely to lead to the elimination and 6 prevention of such disparities. 7 3. The civil rights commission shall provide 8 staffing services for the task force. 9 4. The voting members shall elect a chairperson 10 from the voting membership of the task force. A 11 majority of the voting members of the task force 12 constitutes a quorum. 13 5. Voting members of the task force shall receive 14 reimbursement for actual expenses incurred while 15 serving in their official capacity only if they are not 16 eligible for reimbursement by the organization that 17 they represent. Legislative members shall be paid the 18 per diem and expenses specified in section 2.10. 19 6. The task force shall submit a report regarding 20 its findings and its recommendations regarding 21 potential actions for the elimination and prevention 22 of disparities in wages between men and women and 23 minorities and nonminorities to the governor and the 24 general assembly no later than December 22, 2017. > 25 2. Title page, by striking lines 1 through 7 and 26 inserting < An Act relating to employment matters 27 involving wage discrimination and creating an equal pay 28 task force. > 29 ______________________________ FINKENAUER of Dubuque -4- HF291.337 (3) 87 je/rj 4/ 4 #2.