House File 754 H-1165 Amend House File 754 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. FINDINGS —— PURPOSE. 4 1. The general assembly finds that denial of employment 5 opportunities to individuals because of their status as 6 unemployed is discriminatory and burdens commerce by doing one 7 or more of the following: 8 a. Reducing personal consumption and undermining economic 9 stability and growth. 10 b. Squandering human capital essential to the state’s 11 economic vibrancy and growth. 12 c. Increasing demands for unemployment insurance benefits, 13 reducing unemployment trust fund assets, and leading to higher 14 payroll taxes for employers, or cuts in unemployment insurance 15 benefits for jobless workers, or both. 16 d. Imposing additional burdens on publicly funded health 17 and welfare programs. 18 e. Decreasing income, property, and other tax revenues that 19 the states and local governments rely on to support operations 20 and institutions essential to commerce. 21 2. The purposes of this Act are all of the following: 22 a. To prohibit employers and employment agencies from 23 disqualifying an individual from employment opportunities 24 because of that individual’s status as unemployed. 25 b. To prohibit employers and employment agencies from 26 publishing or posting any advertisement or announcement for 27 an employment opportunity that indicates that an individual’s 28 status as unemployed disqualifies that individual for the 29 opportunity. 30 c. To eliminate the burdens imposed on commerce due to the 31 exclusion of such individuals from employment. 32 Sec. 2. Section 216.2, Code 2021, is amended by adding the 33 following new subsection: 34 NEW SUBSECTION . 14A. “Status as unemployed” means that an 35 -1- HF754.1235 (1) 89 je/rn 1/ 4 #1.

individual, at the time of application for employment or at the 1 time of action alleged to violate this chapter, does not have a 2 job, is available for work, and is searching for work. 3 Sec. 3. Section 216.2, subsection 15, Code 2021, is amended 4 to read as follows: 5 15. “Unfair practice” or “discriminatory practice” means 6 those practices specified as unfair or discriminatory in 7 sections 216.6 , 216.6A , 216.6B, 216.7 , 216.8 , 216.8A , 216.8B , 8 216.9 , 216.10 , 216.11 , and 216.11A . 9 Sec. 4. NEW SECTION . 216.6B Additional unfair or 10 discriminatory practice —— unemployment status discrimination in 11 employment. 12 1. It shall be an unfair or discriminatory practice for an 13 employer to do any of the following: 14 a. Publish in print, on the internet, or in any other 15 medium, an advertisement or announcement for an employee for 16 any job that includes any of the following: 17 (1) Any provision stating or indicating that an 18 individual’s status as unemployed disqualifies the individual 19 for any employment opportunity. 20 (2) Any provision stating or indicating that the employer 21 will not consider or hire an individual for any employment 22 opportunity based on that individual’s status as unemployed. 23 b. Fail or refuse to consider for employment, or fail or 24 refuse to hire, an individual as an employee because of the 25 individual’s status as unemployed. 26 c. Direct or request that an employment agency take an 27 individual’s status as unemployed into account to disqualify 28 an applicant for consideration, screening, or referral for 29 employment. 30 2. It shall be an unfair or discriminatory practice for an 31 employment agency to do any of the following: 32 a. Publish in print, on the internet, or in any other 33 medium, an advertisement or announcement for any vacancy in 34 a job, to be filled by an employee, that includes any of the 35 -2- HF754.1235 (1) 89 je/rn 2/ 4

following: 1 (1) Any provision stating or indicating that an 2 individual’s status as unemployed disqualifies the individual 3 for any employment opportunity. 4 (2) Any provision stating or indicating that the employment 5 agency or an employer will not consider or hire an individual 6 for any employment opportunity based on that individual’s 7 status as unemployed. 8 b. Screen, fail or refuse to consider, or fail or refuse to 9 refer an individual for employment because of the individual’s 10 status as unemployed. 11 c. Limit, segregate, or classify any individual in any 12 manner that would limit or tend to limit the individual’s 13 access to information about jobs, or consideration, screening, 14 or referral for jobs, solely because of an individual’s status 15 as unemployed. 16 3. This section shall not be construed to preclude an 17 employer or employment agency from considering an individual’s 18 employment history, or from examining the reasons underlying 19 an individual’s status as unemployed, in assessing an 20 individual’s ability to perform a job or in otherwise 21 making employment decisions about that individual. Such 22 consideration or examination may include an assessment of 23 whether an individual’s employment history in a similar or 24 related job for a period of time reasonably proximate to the 25 time of consideration of the individual for new employment is 26 job-related or consistent with business necessity in relation 27 to that new employment. 28 Sec. 5. Section 216.15, subsection 9, paragraph a, Code 29 2021, is amended by adding the following new subparagraph: 30 NEW SUBPARAGRAPH . (10) For an unfair or discriminatory 31 practice relating to unemployment status discrimination 32 pursuant to section 216.6B, payment to the complainant of 33 damages for an injury caused by the unfair or discriminatory 34 practice which damages shall include but are not limited to 35 -3- HF754.1235 (1) 89 je/rn 3/ 4

actual damages, court costs, reasonable attorney fees, and any 1 of the following, if applicable: 2 (a) For an unfair or discriminatory practice relating to 3 unemployment status discrimination pursuant to section 216.6B, 4 subsection 1, paragraph “a” , or subsection 2, paragraph “a” , 5 damages in an amount not to exceed one thousand dollars for 6 each day the unfair or discriminatory practice occurs. 7 (b) For an unfair or discriminatory practice relating to 8 unemployment status discrimination pursuant to section 216.6B, 9 subsection 1, paragraph “b” or “c” , or subsection 2, paragraph 10 “b” or “c” , if wages, salary, employment benefits, or other 11 compensation have not been denied or lost to the individual, 12 damages in an amount not to exceed five thousand dollars. > 13 2. Title page, by striking lines 1 and 2 and inserting < An 14 Act prohibiting employment discrimination based on unemployment 15 status and providing remedies. > 16 3. By renumbering as necessary. 17 ______________________________ HUNTER of Polk -4- HF754.1235 (1) 89 je/rn 4/ 4 #2. #3.