Senate File 126 - Introduced



                                    SENATE FILE       
                                    BY  BOLKCOM, McCOY, WOOD, GRONSTAL,
                                        QUIRMBACH, CONNOLLY, STEWART,
                                        HATCH, DVORSKY, DOTZLER, SENG,
                                        BLACK, and LUNDBY



    Passed Senate, Date               Passed House,  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 2162SS 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 2162SS 81
  8 20 rh:rj/cf/24