House File 596 - Introduced
HOUSE FILE
BY MASCHER, HUNTER, FOEGE,
LENSING, WINCKLER, JACOBY,
OLDSON, HEDDENS, FALLON,
and WESSEL=KROESCHELL
(COMPANION TO SF 126 BY
BOLKCOM)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act prohibiting discrimination based upon a person's sexual
2 orientation or gender identity under the Iowa civil rights
3 Act.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2162YH 81
6 rh/cf/24
PAG LIN
1 1 Section 1. Section 216.2, Code 2005, is amended by adding
1 2 the following new subsections:
1 3 NEW SUBSECTION. 9A. "Gender identity" means a person's
1 4 various individual attributes, actual or perceived, in
1 5 behavior, practice, or appearance, as the attributes are
1 6 understood to be masculine or feminine.
1 7 NEW SUBSECTION. 12A. "Sexual orientation" means actual or
1 8 perceived heterosexuality, homosexuality, bisexuality, or a
1 9 person's attributes in behavior, practice, or appearance as
1 10 they are understood to be masculine or feminine. "Sexual
1 11 orientation" does not include participation in acts which are
1 12 prohibited by law.
1 13 Sec. 2. Section 216.5, subsections 6 and 8, Code 2005, are
1 14 amended to read as follows:
1 15 6. To issue such publications and reports of
1 16 investigations and research as in the judgment of the
1 17 commission shall tend to promote good will among the various
1 18 racial, religious, and ethnic groups of the state and which
1 19 shall tend to minimize or eliminate discrimination in public
1 20 accommodations, employment, apprenticeship and on=the=job
1 21 training programs, vocational schools, or housing because of
1 22 race, creed, color, sex, sexual orientation, gender identity,
1 23 national origin, religion, ancestry, or disability.
1 24 8. To make recommendations to the general assembly for
1 25 such further legislation concerning discrimination because of
1 26 race, creed, color, sex, sexual orientation, gender identity,
1 27 national origin, religion, ancestry, or disability as it may
1 28 deem necessary and desirable.
1 29 Sec. 3. Section 216.6, subsection 1, paragraphs a, b, and
1 30 c, Code 2005, are amended to read as follows:
1 31 a. Person to refuse to hire, accept, register, classify,
1 32 or refer for employment, to discharge any employee, or to
1 33 otherwise discriminate in employment against any applicant for
1 34 employment or any employee because of the age, race, creed,
1 35 color, sex, sexual orientation, gender identity, national
2 1 origin, religion, or disability of such applicant or employee,
2 2 unless based upon the nature of the occupation. If a person
2 3 with a disability is qualified to perform a particular
2 4 occupation, by reason of training or experience, the nature of
2 5 that occupation shall not be the basis for exception to the
2 6 unfair or discriminating practices prohibited by this
2 7 subsection.
2 8 b. Labor organization or the employees, agents, or members
2 9 thereof to refuse to admit to membership any applicant, to
2 10 expel any member, or to otherwise discriminate against any
2 11 applicant for membership or any member in the privileges,
2 12 rights, or benefits of such membership because of the age,
2 13 race, creed, color, sex, sexual orientation, gender identity,
2 14 national origin, religion, or disability of such applicant or
2 15 member.
2 16 c. Employer, employment agency, labor organization, or the
2 17 employees, agents, or members thereof to directly or
2 18 indirectly advertise or in any other manner indicate or
2 19 publicize that individuals of any particular age, race, creed,
2 20 color, sex, sexual orientation, gender identity, national
2 21 origin, religion, or disability are unwelcome, objectionable,
2 22 not acceptable, or not solicited for employment or membership
2 23 unless based on the nature of the occupation. If a person
2 24 with a disability is qualified to perform a particular
2 25 occupation by reason of training or experience, the nature of
2 26 that occupation shall not be the basis for exception to the
2 27 unfair or discriminating practices prohibited by this
2 28 subsection.
2 29 An employer, employment agency, or their employees,
2 30 servants, or agents may offer employment or advertise for
2 31 employment to only persons with disabilities, when other
2 32 applicants have available to them other employment compatible
2 33 with their ability which would not be available to persons
2 34 with disabilities because of their disabilities. Any such
2 35 employment or offer of employment shall not discriminate among
3 1 persons with disabilities on the basis of race, color, creed,
3 2 sex, sexual orientation, gender identity, or national origin.
3 3 Sec. 4. Section 216.6, subsection 6, paragraph d, Code
3 4 2005, is amended to read as follows:
3 5 d. Any bona fide religious institution or its educational
3 6 facility, association, corporation, or society with respect to
3 7 any qualifications for employment based on religion, sexual
3 8 orientation, or gender identity when such qualifications are
3 9 related to a bona fide religious purpose. A religious
3 10 qualification for instructional personnel or an administrative
3 11 officer, serving in a supervisory capacity of a bona fide
3 12 religious educational facility or religious institution, shall
3 13 be presumed to be a bona fide occupational qualification.
3 14 Sec. 5. Section 216.7, subsection 1, paragraphs a and b,
3 15 Code 2005, are amended to read as follows:
3 16 a. To refuse or deny to any person because of race, creed,
3 17 color, sex, sexual orientation, gender identity, national
3 18 origin, religion or disability the accommodations, advantages,
3 19 facilities, services, or privileges thereof, or otherwise to
3 20 discriminate against any person because of race, creed, color,
3 21 sex, sexual orientation, gender identity, national origin,
3 22 religion, or disability in the furnishing of such
3 23 accommodations, advantages, facilities, services, or
3 24 privileges.
3 25 b. To directly or indirectly advertise or in any other
3 26 manner indicate or publicize that the patronage of persons of
3 27 any particular race, creed, color, sex, sexual orientation,
3 28 gender identity, national origin, religion, or disability is
3 29 unwelcome, objectionable, not acceptable, or not solicited.
3 30 Sec. 6. Section 216.7, subsection 2, paragraph a, Code
3 31 2005, is amended to read as follows:
3 32 a. Any bona fide religious institution with respect to any
3 33 qualifications the institution may impose based on religion,
3 34 sexual orientation, or gender identity when such
3 35 qualifications are related to a bona fide religious purpose.
4 1 Sec. 7. Section 216.8, subsections 1 through 4, Code 2005,
4 2 are amended to read as follows:
4 3 1. To refuse to sell, rent, lease, assign, sublease,
4 4 refuse to negotiate, or to otherwise make unavailable, or deny
4 5 any real property or housing accommodation or part, portion or
4 6 interest therein, to any person because of the race, color,
4 7 creed, sex, sexual orientation, gender identity, religion,
4 8 national origin, disability, or familial status of such
4 9 person.
4 10 2. To discriminate against any person because of the
4 11 person's race, color, creed, sex, sexual orientation, gender
4 12 identity, religion, national origin, disability, or familial
4 13 status, in the terms, conditions or privileges of the sale,
4 14 rental, lease assignment or sublease of any real property or
4 15 housing accommodation or any part, portion or interest in the
4 16 real property or housing accommodation or in the provision of
4 17 services or facilities in connection with the real property or
4 18 housing accommodation.
4 19 For purposes of this section, "person" means one or more
4 20 individuals, corporations, partnerships, associations, labor
4 21 organizations, legal representatives, mutual companies, joint
4 22 stock companies, trusts, unincorporated organizations,
4 23 trustees, trustees in cases under Title 11 of the United
4 24 States Code, receivers, and fiduciaries.
4 25 3. To directly or indirectly advertise, or in any other
4 26 manner indicate or publicize that the purchase, rental, lease,
4 27 assignment, or sublease of any real property or housing
4 28 accommodation or any part, portion or interest therein, by
4 29 persons of any particular race, color, creed, sex, sexual
4 30 orientation, gender identity, religion, national origin,
4 31 disability, or familial status is unwelcome, objectionable,
4 32 not acceptable or not solicited.
4 33 4. To discriminate against the lessee or purchaser of any
4 34 real property or housing accommodation or part, portion or
4 35 interest of the real property or housing accommodation, or
5 1 against any prospective lessee or purchaser of the property or
5 2 accommodation, because of the race, color, creed, religion,
5 3 sex, sexual orientation, gender identity, disability, age, or
5 4 national origin of persons who may from time to time be
5 5 present in or on the lessee's or owner's premises for lawful
5 6 purposes at the invitation of the lessee or owner as friends,
5 7 guests, visitors, relatives or in any similar capacity.
5 8 Sec. 8. Section 216.8A, subsections 1 and 2, Code 2005,
5 9 are amended to read as follows:
5 10 1. A person shall not induce or attempt to induce another
5 11 person to sell or rent a dwelling by representations regarding
5 12 the entry or prospective entry into a neighborhood of a person
5 13 of a particular race, color, creed, sex, sexual orientation,
5 14 gender identity, religion, national origin, disability, or
5 15 familial status.
5 16 2. A person shall not represent to a person of a
5 17 particular race, color, creed, sex, sexual orientation, gender
5 18 identity, religion, national origin, disability, or familial
5 19 status that a dwelling is not available for inspection, sale,
5 20 or rental when the dwelling is available for inspection, sale,
5 21 or rental.
5 22 Sec. 9. Section 216.8A, subsection 4, paragraph a, Code
5 23 2005, is amended to read as follows:
5 24 a. A person whose business includes engaging in
5 25 residential real estate related transactions shall not
5 26 discriminate against a person in making a residential real
5 27 estate related transaction available or in terms or conditions
5 28 of a residential real estate related transaction because of
5 29 race, color, creed, sex, sexual orientation, gender identity,
5 30 religion, national origin, disability, or familial status.
5 31 Sec. 10. Section 216.8A, subsection 5, Code 2005, is
5 32 amended to read as follows:
5 33 5. A person shall not deny another person access to, or
5 34 membership or participation in, a multiple=listing service,
5 35 real estate brokers' organization or other service,
6 1 organization, or facility relating to the business of selling
6 2 or renting dwellings, or discriminate against a person in
6 3 terms or conditions of access, membership, or participation in
6 4 such organization because of race, color, creed, sex, sexual
6 5 orientation, gender identity, religion, national origin,
6 6 disability, or familial status.
6 7 Sec. 11. Section 216.9, unnumbered paragraph 1, Code 2005,
6 8 is amended to read as follows:
6 9 It is an unfair or discriminatory practice for any
6 10 educational institution to discriminate on the basis of race,
6 11 creed, color, sex, sexual orientation, gender identity,
6 12 national origin, religion, or disability in any program or
6 13 activity. Such discriminatory practices shall include but not
6 14 be limited to the following practices:
6 15 Sec. 12. Section 216.9, unnumbered paragraph 2, Code 2005,
6 16 is amended to read as follows:
6 17 For the purpose of this section "educational institution"
6 18 includes any preschool, elementary, secondary, or community
6 19 college, area education agency, or postsecondary college or
6 20 university and their governing boards. This section does not
6 21 prohibit an educational institution from maintaining separate
6 22 toilet facilities, locker rooms or living facilities for the
6 23 different sexes so long as comparable facilities are provided.
6 24 Nothing in this section shall be construed as prohibiting any
6 25 bona fide religious institution from imposing qualifications
6 26 based on religion, sexual orientation, or gender identity when
6 27 such qualifications are related to a bona fide religious
6 28 purpose or any institution from admitting students of only one
6 29 sex.
6 30 Sec. 13. Section 216.10, Code 2005, is amended to read as
6 31 follows:
6 32 216.10 UNFAIR CREDIT PRACTICES.
6 33 It shall be an unfair or discriminatory practice for any:
6 34 1. Creditor to refuse to enter into a consumer credit
6 35 transaction or impose finance charges or other terms or
7 1 conditions more onerous than those regularly extended by that
7 2 creditor to consumers of similar economic backgrounds because
7 3 of age, color, creed, national origin, race, religion, marital
7 4 status, sex, sexual orientation, gender identity, physical
7 5 disability, or familial status.
7 6 2. Person authorized or licensed to do business in this
7 7 state pursuant to chapter 524, 533, 534, 536, or 536A to
7 8 refuse to loan or extend credit or to impose terms or
7 9 conditions more onerous than those regularly extended to
7 10 persons of similar economic backgrounds because of age, color,
7 11 creed, national origin, race, religion, marital status, sex,
7 12 sexual orientation, gender identity, physical disability, or
7 13 familial status.
7 14 3. Creditor to refuse to offer credit life or health and
7 15 accident insurance because of color, creed, national origin,
7 16 race, religion, marital status, age, physical disability, sex,
7 17 sexual orientation, gender identity, or familial status.
7 18 Refusal by a creditor to offer credit life or health and
7 19 accident insurance based upon the age or physical disability
7 20 of the consumer shall not be an unfair or discriminatory
7 21 practice if such denial is based solely upon bona fide
7 22 underwriting considerations not prohibited by title XIII,
7 23 subtitle 1.
7 24 The provisions of this section shall not be construed by
7 25 negative implication or otherwise to narrow or restrict any
7 26 other provisions of this chapter.
7 27 Sec. 14. Section 216.12, subsection 1, Code 2005, is
7 28 amended to read as follows:
7 29 1. Any bona fide religious institution with respect to any
7 30 qualifications it may impose based on religion, sexual
7 31 orientation, or gender identity, when the qualifications are
7 32 related to a bona fide religious purpose unless the religious
7 33 institution owns or operates property for a commercial purpose
7 34 or membership in the religion is restricted on account of
7 35 race, color, or national origin.
8 1 Sec. 15. Section 216.12A, Code 2005, is amended to read as
8 2 follows:
8 3 216.12A ADDITIONAL HOUSING EXCEPTION.
8 4 Sections 216.8 and 216.8A do not prohibit a person engaged
8 5 in the business of furnishing appraisals of real estate from
8 6 taking into consideration factors other than race, color,
8 7 creed, sex, sexual orientation, gender identity, religion,
8 8 national origin, disability, or familial status in appraising
8 9 real estate.
8 10 EXPLANATION
8 11 This bill defines "sexual orientation" and "gender
8 12 identity" and prohibits discriminatory employment, public
8 13 accommodation, housing, education, and credit practices based
8 14 upon a person's sexual orientation or gender identity.
8 15 However, the bill does allow for the imposition of
8 16 qualifications by bona fide religious institutions based upon
8 17 sexual orientation or gender identity if related to a bona
8 18 fide religious purpose.
8 19 LSB 2162YH 81
8 20 rh:rj/cf/24