Senate File 427 - Enrolled PAG LIN 1 1 SENATE FILE 427 1 2 1 3 AN ACT 1 4 RELATING TO THE IOWA CIVIL RIGHTS ACT AND DISCRIMINATION BASED 1 5 UPON A PERSON'S SEXUAL ORIENTATION OR GENDER IDENTITY. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 216.2, Code 2007, is amended by adding 1 10 the following new subsections: 1 11 NEW SUBSECTION. 9A. "Gender identity" means a 1 12 gender=related identity of a person, regardless of the 1 13 person's assigned sex at birth. 1 14 NEW SUBSECTION. 12A. "Sexual orientation" means actual or 1 15 perceived heterosexuality, homosexuality, or bisexuality. 1 16 Sec. 2. Section 216.5, subsections 6 and 8, Code 2007, are 1 17 amended to read as follows: 1 18 6. To issue such publications and reports of 1 19 investigations and research as in the judgment of the 1 20 commission shall tend to promote goodwill among the various 1 21 racial, religious, and ethnic groups of the state and which 1 22 shall tend to minimize or eliminate discrimination in public 1 23 accommodations, employment, apprenticeship and on=the=job 1 24 training programs, vocational schools, or housing because of 1 25 race, creed, color, sex, sexual orientation, gender identity, 1 26 national origin, religion, ancestry, or disability. 1 27 8. To make recommendations to the general assembly for 1 28 such further legislation concerning discrimination because of 1 29 race, creed, color, sex, sexual orientation, gender identity, 1 30 national origin, religion, ancestry, or disability as it may 1 31 deem necessary and desirable. 1 32 Sec. 3. Section 216.6, subsection 1, paragraphs a, b, and 1 33 c, Code 2007, are amended to read as follows: 1 34 a. Person to refuse to hire, accept, register, classify, 1 35 or refer for employment, to discharge any employee, or to 2 1 otherwise discriminate in employment against any applicant for 2 2 employment or any employee because of the age, race, creed, 2 3 color, sex, sexual orientation, gender identity, national 2 4 origin, religion, or disability of such applicant or employee, 2 5 unless based upon the nature of the occupation. If a person 2 6 with a disability is qualified to perform a particular 2 7 occupation, by reason of training or experience, the nature of 2 8 that occupation shall not be the basis for exception to the 2 9 unfair or discriminating practices prohibited by this 2 10 subsection. 2 11 b. Labor organization or the employees, agents, or members 2 12 thereof to refuse to admit to membership any applicant, to 2 13 expel any member, or to otherwise discriminate against any 2 14 applicant for membership or any member in the privileges, 2 15 rights, or benefits of such membership because of the age, 2 16 race, creed, color, sex, sexual orientation, gender identity, 2 17 national origin, religion, or disability of such applicant or 2 18 member. 2 19 c. Employer, employment agency, labor organization, or the 2 20 employees, agents, or members thereof to directly or 2 21 indirectly advertise or in any other manner indicate or 2 22 publicize that individuals of any particular age, race, creed, 2 23 color, sex, sexual orientation, gender identity, national 2 24 origin, religion, or disability are unwelcome, objectionable, 2 25 not acceptable, or not solicited for employment or membership 2 26 unless based on the nature of the occupation. If a person 2 27 with a disability is qualified to perform a particular 2 28 occupation by reason of training or experience, the nature of 2 29 that occupation shall not be the basis for exception to the 2 30 unfair or discriminating practices prohibited by this 2 31 subsection. 2 32 An employer, employment agency, or their employees, 2 33 servants, or agents may offer employment or advertise for 2 34 employment to only persons with disabilities, when other 2 35 applicants have available to them other employment compatible 3 1 with their ability which would not be available to persons 3 2 with disabilities because of their disabilities. Any such 3 3 employment or offer of employment shall not discriminate among 3 4 persons with disabilities on the basis of race, color, creed, 3 5 sex, sexual orientation, gender identity, or national origin. 3 6 Sec. 4. Section 216.6, subsection 6, paragraph d, Code 3 7 2007, is amended to read as follows: 3 8 d. Any bona fide religious institution or its educational 3 9 facility, association, corporation, or society with respect to 3 10 any qualifications for employment based on religion, sexual 3 11 orientation, or gender identity when such qualifications are 3 12 related to a bona fide religious purpose. A religious 3 13 qualification for instructional personnel or an administrative 3 14 officer, serving in a supervisory capacity of a bona fide 3 15 religious educational facility or religious institution, shall 3 16 be presumed to be a bona fide occupational qualification. 3 17 Sec. 5. Section 216.7, subsection 1, paragraphs a and b, 3 18 Code 2007, are amended to read as follows: 3 19 a. To refuse or deny to any person because of race, creed, 3 20 color, sex, sexual orientation, gender identity, national 3 21 origin, religion, or disability the accommodations, 3 22 advantages, facilities, services, or privileges thereof, or 3 23 otherwise to discriminate against any person because of race, 3 24 creed, color, sex, sexual orientation, gender identity, 3 25 national origin, religion, or disability in the furnishing of 3 26 such accommodations, advantages, facilities, services, or 3 27 privileges. 3 28 b. To directly or indirectly advertise or in any other 3 29 manner indicate or publicize that the patronage of persons of 3 30 any particular race, creed, color, sex, sexual orientation, 3 31 gender identity, national origin, religion, or disability is 3 32 unwelcome, objectionable, not acceptable, or not solicited. 3 33 Sec. 6. Section 216.7, subsection 2, paragraph a, Code 3 34 2007, is amended to read as follows: 3 35 a. Any bona fide religious institution with respect to any 4 1 qualifications the institution may impose based on religion, 4 2 sexual orientation, or gender identity when such 4 3 qualifications are related to a bona fide religious purpose. 4 4 Sec. 7. Section 216.8, subsections 1 through 4, Code 2007, 4 5 are amended to read as follows: 4 6 1. To refuse to sell, rent, lease, assign, sublease, 4 7 refuse to negotiate, or to otherwise make unavailable, or deny 4 8 any real property or housing accommodation or part, portion, 4 9 or interest therein, to any person because of the race, color, 4 10 creed, sex, sexual orientation, gender identity, religion, 4 11 national origin, disability, or familial status of such 4 12 person. 4 13 2. To discriminate against any person because of the 4 14 person's race, color, creed, sex, sexual orientation, gender 4 15 identity, religion, national origin, disability, or familial 4 16 status, in the terms, conditions, or privileges of the sale, 4 17 rental, lease assignment, or sublease of any real property or 4 18 housing accommodation or any part, portion, or interest in the 4 19 real property or housing accommodation or in the provision of 4 20 services or facilities in connection with the real property or 4 21 housing accommodation. 4 22 For purposes of this section, "person" means one or more 4 23 individuals, corporations, partnerships, associations, labor 4 24 organizations, legal representatives, mutual companies, joint 4 25 stock companies, trusts, unincorporated organizations, 4 26 trustees, trustees in cases under Title 11 of the United 4 27 States Code, receivers, and fiduciaries. 4 28 3. To directly or indirectly advertise, or in any other 4 29 manner indicate or publicize that the purchase, rental, lease, 4 30 assignment, or sublease of any real property or housing 4 31 accommodation or any part, portion, or interest therein, by 4 32 persons of any particular race, color, creed, sex, sexual 4 33 orientation, gender identity, religion, national origin, 4 34 disability, or familial status is unwelcome, objectionable, 4 35 not acceptable, or not solicited. 5 1 4. To discriminate against the lessee or purchaser of any 5 2 real property or housing accommodation or part, portion, or 5 3 interest of the real property or housing accommodation, or 5 4 against any prospective lessee or purchaser of the property or 5 5 accommodation, because of the race, color, creed, religion, 5 6 sex, sexual orientation, gender identity, disability, age, or 5 7 national origin of persons who may from time to time be 5 8 present in or on the lessee's or owner's premises for lawful 5 9 purposes at the invitation of the lessee or owner as friends, 5 10 guests, visitors, relatives, or in any similar capacity. 5 11 Sec. 8. Section 216.8A, subsections 1 and 2, Code 2007, 5 12 are amended to read as follows: 5 13 1. A person shall not induce or attempt to induce another 5 14 person to sell or rent a dwelling by representations regarding 5 15 the entry or prospective entry into a neighborhood of a person 5 16 of a particular race, color, creed, sex, sexual orientation, 5 17 gender identity, religion, national origin, disability, or 5 18 familial status. 5 19 2. A person shall not represent to a person of a 5 20 particular race, color, creed, sex, sexual orientation, gender 5 21 identity, religion, national origin, disability, or familial 5 22 status that a dwelling is not available for inspection, sale, 5 23 or rental when the dwelling is available for inspection, sale, 5 24 or rental. 5 25 Sec. 9. Section 216.8A, subsection 4, paragraph a, Code 5 26 2007, is amended to read as follows: 5 27 a. A person whose business includes engaging in 5 28 residential real estate related transactions shall not 5 29 discriminate against a person in making a residential real 5 30 estate related transaction available or in terms or conditions 5 31 of a residential real estate related transaction because of 5 32 race, color, creed, sex, sexual orientation, gender identity, 5 33 religion, national origin, disability, or familial status. 5 34 Sec. 10. Section 216.8A, subsection 5, Code 2007, is 5 35 amended to read as follows: 6 1 5. A person shall not deny another person access to, or 6 2 membership or participation in, a multiple=listing service, 6 3 real estate brokers' organization or other service, 6 4 organization, or facility relating to the business of selling 6 5 or renting dwellings, or discriminate against a person in 6 6 terms or conditions of access, membership, or participation in 6 7 such organization because of race, color, creed, sex, sexual 6 8 orientation, gender identity, religion, national origin, 6 9 disability, or familial status. 6 10 Sec. 11. Section 216.9, unnumbered paragraph 1, Code 2007, 6 11 is amended to read as follows: 6 12 It is an unfair or discriminatory practice for any 6 13 educational institution to discriminate on the basis of race, 6 14 creed, color, sex, sexual orientation, gender identity, 6 15 national origin, religion, or disability in any program or 6 16 activity. Such discriminatory practices shall include but not 6 17 be limited to the following practices: 6 18 Sec. 12. Section 216.9, unnumbered paragraph 2, Code 2007, 6 19 is amended to read as follows: 6 20 For the purpose of this section, "educational institution" 6 21 includes any preschool, elementary, secondary, or community 6 22 college, area education agency, or postsecondary college or 6 23 university and their governing boards. This section does not 6 24 prohibit an educational institution from maintaining separate 6 25 toilet facilities, locker rooms, or living facilities for the 6 26 different sexes so long as comparable facilities are provided. 6 27 Nothing in this section shall be construed as prohibiting any 6 28 bona fide religious institution from imposing qualifications 6 29 based on religion, sexual orientation, or gender identity when 6 30 such qualifications are related to a bona fide religious 6 31 purpose or any institution from admitting students of only one 6 32 sex. 6 33 Sec. 13. Section 216.10, Code 2007, is amended to read as 6 34 follows: 6 35 216.10 UNFAIR CREDIT PRACTICES. 7 1 It shall be an unfair or discriminatory practice for any: 7 2 1. Creditor to refuse to enter into a consumer credit 7 3 transaction or impose finance charges or other terms or 7 4 conditions more onerous than those regularly extended by that 7 5 creditor to consumers of similar economic backgrounds because 7 6 of age, color, creed, national origin, race, religion, marital 7 7 status, sex, sexual orientation, gender identity, physical 7 8 disability, or familial status. 7 9 2. Person authorized or licensed to do business in this 7 10 state pursuant to chapter 524, 533, 534, 536, or 536A to 7 11 refuse to loan or extend credit or to impose terms or 7 12 conditions more onerous than those regularly extended to 7 13 persons of similar economic backgrounds because of age, color, 7 14 creed, national origin, race, religion, marital status, sex, 7 15 sexual orientation, gender identity, physical disability, or 7 16 familial status. 7 17 3. Creditor to refuse to offer credit life or health and 7 18 accident insurance because of color, creed, national origin, 7 19 race, religion, marital status, age, physical disability, sex, 7 20 sexual orientation, gender identity, or familial status. 7 21 Refusal by a creditor to offer credit life or health and 7 22 accident insurance based upon the age or physical disability 7 23 of the consumer shall not be an unfair or discriminatory 7 24 practice if such denial is based solely upon bona fide 7 25 underwriting considerations not prohibited by title XIII, 7 26 subtitle 1. 7 27 The provisions of this section shall not be construed by 7 28 negative implication or otherwise to narrow or restrict any 7 29 other provisions of this chapter. 7 30 Sec. 14. Section 216.12, subsection 1, Code 2007, is 7 31 amended to read as follows: 7 32 1. Any bona fide religious institution with respect to any 7 33 qualifications it may impose based on religion, sexual 7 34 orientation, or gender identity, when the qualifications are 7 35 related to a bona fide religious purpose unless the religious 8 1 institution owns or operates property for a commercial purpose 8 2 or membership in the religion is restricted on account of 8 3 race, color, or national origin. 8 4 Sec. 15. Section 216.12A, Code 2007, is amended to read as 8 5 follows: 8 6 216.12A ADDITIONAL HOUSING EXCEPTION. 8 7 Sections 216.8 and 216.8A do not prohibit a person engaged 8 8 in the business of furnishing appraisals of real estate from 8 9 taking into consideration factors other than race, color, 8 10 creed, sex, sexual orientation, gender identity, religion, 8 11 national origin, disability, or familial status in appraising 8 12 real estate. 8 13 Sec. 16. NEW SECTION. 216.21 CONSTRUCTION OF CHAPTER. 8 14 This chapter shall not be construed to allow marriage 8 15 between persons of the same sex, in accordance with chapter 8 16 595. 8 17 8 18 8 19 8 20 JOHN P. KIBBIE 8 21 President of the Senate 8 22 8 23 8 24 8 25 PATRICK J. MURPHY 8 26 Speaker of the House 8 27 8 28 I hereby certify that this bill originated in the Senate and 8 29 is known as Senate File 427, Eighty=second General Assembly. 8 30 8 31 8 32 8 33 MICHAEL E. MARSHALL 8 34 Secretary of the Senate 8 35 Approved , 2007 9 1 9 2 9 3 9 4 CHESTER J. CULVER 9 5 Governor