House Study Bill 759 HOUSE FILE BY (PROPOSED COMMITTEE ON VETERANS AFFAIRS BILL BY CHAIRPERSON ZIRKELBACH) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the Iowa civil rights Act and discrimination 2 based upon a person's military status. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6542HC 82 5 rh/rj/24 PAG LIN 1 1 Section 1. Section 216.2, Code Supplement 2007, is amended 1 2 by adding the following new subsection: 1 3 NEW SUBSECTION. 11A. "Military status" means a person's 1 4 status on active duty in or status as a veteran of the armed 1 5 forces of the United States, status as a current member or 1 6 veteran of any reserve component of the armed forces of the 1 7 United States, or status as a current member or veteran of the 1 8 Iowa army national guard or Iowa air national guard. 1 9 Sec. 2. Section 216.5, subsections 6 and 8, Code 1 10 Supplement 2007, are amended to read as follows: 1 11 6. To issue such publications and reports of 1 12 investigations and research as in the judgment of the 1 13 commission shall tend to promote goodwill among the various 1 14 racial, religious, and ethnic groups of the state and which 1 15 shall tend to minimize or eliminate discrimination in public 1 16 accommodations, employment, apprenticeship and on=the=job 1 17 training programs, vocational schools, or housing because of 1 18 race, creed, color, sex, sexual orientation, gender identity, 1 19 national origin, religion, ancestry,ordisability, or 1 20 military status. 1 21 8. To make recommendations to the general assembly for 1 22 such further legislation concerning discrimination because of 1 23 race, creed, color, sex, sexual orientation, gender identity, 1 24 national origin, religion, ancestry,ordisability, or 1 25 military status as it may deem necessary and desirable. 1 26 Sec. 3. Section 216.6, subsection 1, paragraphs a, b, and 1 27 c, Code Supplement 2007, are amended to read as follows: 1 28 a. Person to refuse to hire, accept, register, classify, 1 29 or refer for employment, to discharge any employee, or to 1 30 otherwise discriminate in employment against any applicant for 1 31 employment or any employee because of the age, race, creed, 1 32 color, sex, sexual orientation, gender identity, national 1 33 origin, religion,ordisability, or military status of such 1 34 applicant or employee, unless based upon the nature of the 1 35 occupation. If a person with a disability is qualified to 2 1 perform a particular occupation, by reason of training or 2 2 experience, the nature of that occupation shall not be the 2 3 basis for exception to the unfair or discriminating practices 2 4 prohibited by this subsection. 2 5 b. Labor organization or the employees, agents, or members 2 6 thereof to refuse to admit to membership any applicant, to 2 7 expel any member, or to otherwise discriminate against any 2 8 applicant for membership or any member in the privileges, 2 9 rights, or benefits of such membership because of the age, 2 10 race, creed, color, sex, sexual orientation, gender identity, 2 11 national origin, religion,ordisability, or military status 2 12 of such applicant or member. 2 13 c. Employer, employment agency, labor organization, or the 2 14 employees, agents, or members thereof to directly or 2 15 indirectly advertise or in any other manner indicate or 2 16 publicize that individuals of any particular age, race, creed, 2 17 color, sex, sexual orientation, gender identity, national 2 18 origin, religion,ordisability, or military status are 2 19 unwelcome, objectionable, not acceptable, or not solicited for 2 20 employment or membership unless based on the nature of the 2 21 occupation. If a person with a disability is qualified to 2 22 perform a particular occupation by reason of training or 2 23 experience, the nature of that occupation shall not be the 2 24 basis for exception to the unfair or discriminating practices 2 25 prohibited by this subsection. 2 26 An employer, employment agency, or their employees, 2 27 servants, or agents may offer employment or advertise for 2 28 employment to only persons with disabilities, when other 2 29 applicants have available to them other employment compatible 2 30 with their ability which would not be available to persons 2 31 with disabilities because of their disabilities. Any such 2 32 employment or offer of employment shall not discriminate among 2 33 persons with disabilities on the basis of race, color, creed, 2 34 sex, sexual orientation, gender identity, military status, or 2 35 national origin. 3 1 Sec. 4. Section 216.7, subsection 1, paragraphs a and b, 3 2 Code Supplement 2007, are amended to read as follows: 3 3 a. To refuse or deny to any person because of race, creed, 3 4 color, sex, sexual orientation, gender identity, national 3 5 origin, religion,ordisability, or military status the 3 6 accommodations, advantages, facilities, services, or 3 7 privileges thereof, or otherwise to discriminate against any 3 8 person because of race, creed, color, sex, sexual orientation, 3 9 gender identity, national origin, religion, or disability in 3 10 the furnishing of such accommodations, advantages, facilities, 3 11 services, or privileges. 3 12 b. To directly or indirectly advertise or in any other 3 13 manner indicate or publicize that the patronage of persons of 3 14 any particular race, creed, color, sex, sexual orientation, 3 15 gender identity, national origin, religion,ordisability, or 3 16 military status is unwelcome, objectionable, not acceptable, 3 17 or not solicited. 3 18 Sec. 5. Section 216.8, subsections 1 through 4, Code 3 19 Supplement 2007, are amended to read as follows: 3 20 1. To refuse to sell, rent, lease, assign, sublease, 3 21 refuse to negotiate, or to otherwise make unavailable, or deny 3 22 any real property or housing accommodation or part, portion, 3 23 or interest therein, to any person because of the race, color, 3 24 creed, sex, sexual orientation, gender identity, religion, 3 25 national origin, disability, military status, or familial 3 26 status of such person. 3 27 2. To discriminate against any person because of the 3 28 person's race, color, creed, sex, sexual orientation, gender 3 29 identity, religion, national origin, disability, military 3 30 status, or familial status, in the terms, conditions, or 3 31 privileges of the sale, rental, lease assignment, or sublease 3 32 of any real property or housing accommodation or any part, 3 33 portion, or interest in the real property or housing 3 34 accommodation or in the provision of services or facilities in 3 35 connection with the real property or housing accommodation. 4 1 For purposes of this section, "person" means one or more 4 2 individuals, corporations, partnerships, associations, labor 4 3 organizations, legal representatives, mutual companies, joint 4 4 stock companies, trusts, unincorporated organizations, 4 5 trustees, trustees in cases under TitleelevenXI of the 4 6 United States Code, receivers, and fiduciaries. 4 7 3. To directly or indirectly advertise, or in any other 4 8 manner indicate or publicize that the purchase, rental, lease, 4 9 assignment, or sublease of any real property or housing 4 10 accommodation or any part, portion, or interest therein, by 4 11 persons of any particular race, color, creed, sex, sexual 4 12 orientation, gender identity, religion, national origin, 4 13 disability, military status, or familial status is unwelcome, 4 14 objectionable, not acceptable, or not solicited. 4 15 4. To discriminate against the lessee or purchaser of any 4 16 real property or housing accommodation or part, portion, or 4 17 interest of the real property or housing accommodation, or 4 18 against any prospective lessee or purchaser of the property or 4 19 accommodation, because of the race, color, creed, religion, 4 20 sex, sexual orientation, gender identity, disability, military 4 21 status, age, or national origin of persons who may from time 4 22 to time be present in or on the lessee's or owner's premises 4 23 for lawful purposes at the invitation of the lessee or owner 4 24 as friends, guests, visitors, relatives, or in any similar 4 25 capacity. 4 26 Sec. 6. Section 216.8A, subsections 1 and 2, Code 4 27 Supplement 2007, are amended to read as follows: 4 28 1. A person shall not induce or attempt to induce another 4 29 person to sell or rent a dwelling by representations regarding 4 30 the entry or prospective entry into a neighborhood of a person 4 31 of a particular race, color, creed, sex, sexual orientation, 4 32 gender identity, religion, national origin, disability, 4 33 military status, or familial status. 4 34 2. A person shall not represent to a person of a 4 35 particular race, color, creed, sex, sexual orientation, gender 5 1 identity, religion, national origin, disability, military 5 2 status, or familial status that a dwelling is not available 5 3 for inspection, sale, or rental when the dwelling is available 5 4 for inspection, sale, or rental. 5 5 Sec. 7. Section 216.8A, subsection 4, paragraph a, Code 5 6 Supplement 2007, is amended to read as follows: 5 7 a. A person whose business includes engaging in 5 8 residential real estate related transactions shall not 5 9 discriminate against a person in making a residential real 5 10 estate related transaction available or in terms or conditions 5 11 of a residential real estate related transaction because of 5 12 race, color, creed, sex, sexual orientation, gender identity, 5 13 religion, national origin, disability, military status, or 5 14 familial status. 5 15 Sec. 8. Section 216.8A, subsection 5, Code Supplement 5 16 2007, is amended to read as follows: 5 17 5. A person shall not deny another person access to, or 5 18 membership or participation in, a multiple=listing service, 5 19 real estate brokers' organization or other service, 5 20 organization, or facility relating to the business of selling 5 21 or renting dwellings, or discriminate against a person in 5 22 terms or conditions of access, membership, or participation in 5 23 such organization because of race, color, creed, sex, sexual 5 24 orientation, gender identity, religion, national origin, 5 25 disability, military status, or familial status. 5 26 Sec. 9. Section 216.9, subsection 1, unnumbered paragraph 5 27 1, Code Supplement 2007, is amended to read as follows: 5 28 It is an unfair or discriminatory practice for any 5 29 educational institution to discriminate on the basis of race, 5 30 creed, color, sex, sexual orientation, gender identity, 5 31 national origin, religion,ordisability, or military status 5 32 in any program or activity. Such discriminatory practices 5 33 shall include but not be limited to the following practices: 5 34 Sec. 10. Section 216.10, subsection 1, Code Supplement 5 35 2007, is amended to read as follows: 6 1 1. It shall be an unfair or discriminatory practice for 6 2 any: 6 3 a. Creditor to refuse to enter into a consumer credit 6 4 transaction or impose finance charges or other terms or 6 5 conditions more onerous than those regularly extended by that 6 6 creditor to consumers of similar economic backgrounds because 6 7 of age, color, creed, national origin, race, religion, marital 6 8 status, sex, sexual orientation, gender identity, physical 6 9 disability, military status, or familial status. 6 10 b. Person authorized or licensed to do business in this 6 11 state pursuant to chapter 524, 533, 534, 536, or 536A to 6 12 refuse to loan or extend credit or to impose terms or 6 13 conditions more onerous than those regularly extended to 6 14 persons of similar economic backgrounds because of age, color, 6 15 creed, national origin, race, religion, marital status, sex, 6 16 sexual orientation, gender identity, physical disability, 6 17 military status, or familial status. 6 18 c. Creditor to refuse to offer credit life or health and 6 19 accident insurance because of color, creed, national origin, 6 20 race, religion, marital status, age, physical disability, sex, 6 21 sexual orientation, gender identity, military status, or 6 22 familial status. Refusal by a creditor to offer credit life 6 23 or health and accident insurance based upon the age or 6 24 physical disability of the consumer shall not be an unfair or 6 25 discriminatory practice if such denial is based solely upon 6 26 bona fide underwriting considerations not prohibited by title 6 27 XIII, subtitle 1. 6 28 Sec. 11. Section 216.12A, Code Supplement 2007, is amended 6 29 to read as follows: 6 30 216.12A ADDITIONAL HOUSING EXCEPTION. 6 31 Sections 216.8 and 216.8A do not prohibit a person engaged 6 32 in the business of furnishing appraisals of real estate from 6 33 taking into consideration factors other than race, color, 6 34 creed, sex, sexual orientation, gender identity, religion, 6 35 national origin, disability, military status, or familial 7 1 status in appraising real estate. 7 2 EXPLANATION 7 3 This bill defines "military status" and prohibits 7 4 discriminatory employment, public accommodation, housing, 7 5 education, and credit practices based upon a person's military 7 6 status. "Military status" is defined as a person's status on 7 7 active duty in or status as a veteran of the armed forces of 7 8 the United States, status as a current member or veteran of 7 9 any reserve component of the armed forces of the United 7 10 States, or status as a current member or veteran of the Iowa 7 11 army national guard or Iowa air national guard. 7 12 LSB 6542HC 82 7 13 rh/rj/24