House
File
2281
-
Introduced
HOUSE
FILE
2281
BY
KELLEY
A
BILL
FOR
An
Act
prohibiting
employment
discrimination
based
on
a
1
person’s
credit
score
or
home
ownership
status
and
making
2
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
19B.2,
unnumbered
paragraph
1,
Code
1
2011,
is
amended
to
read
as
follows:
2
It
is
the
policy
of
this
state
to
provide
equal
opportunity
3
in
state
employment
to
all
persons.
An
individual
shall
not
be
4
denied
equal
access
to
state
employment
opportunities
because
5
of
race,
creed,
color,
religion,
national
origin,
sex,
age,
6
credit
score,
home
ownership
status,
or
physical
or
mental
7
disability.
It
also
is
the
policy
of
this
state
to
apply
8
affirmative
action
measures
to
correct
deficiencies
in
the
9
state
employment
system
where
those
remedies
are
appropriate.
10
This
policy
shall
be
construed
broadly
to
effectuate
its
11
purposes.
12
Sec.
2.
Section
19B.11,
subsection
1,
Code
2011,
is
amended
13
to
read
as
follows:
14
1.
It
is
the
policy
of
this
state
to
provide
equal
15
opportunity
in
school
district,
area
education
agency,
and
16
community
college
employment
to
all
persons.
An
individual
17
shall
not
be
denied
equal
access
to
school
district,
area
18
education
agency,
or
community
college
employment
opportunities
19
because
of
race,
creed,
color,
religion,
national
origin,
20
sex,
age,
credit
score,
home
ownership
status,
or
physical
or
21
mental
disability.
It
also
is
the
policy
of
this
state
to
22
apply
affirmative
action
measures
to
correct
deficiencies
in
23
school
district,
area
education
agency,
and
community
college
24
employment
systems
where
those
remedies
are
appropriate.
This
25
policy
shall
be
construed
broadly
to
effectuate
its
purposes.
26
Sec.
3.
Section
216.2,
Code
2011,
is
amended
by
adding
the
27
following
new
subsections:
28
NEW
SUBSECTION
.
2A.
“Consumer
reporting
agency”
means
29
any
person
that
for
monetary
fees,
dues,
or
on
a
cooperative
30
nonprofit
basis
regularly
engages
in
whole
or
in
part
in
31
the
practice
of
assembling
or
evaluating
consumer
credit
32
information
or
other
information
on
consumers
for
the
purpose
33
of
furnishing
consumer
reports
to
third
parties.
34
NEW
SUBSECTION
.
4A.
“Credit
report”
means
any
written,
35
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oral,
or
other
communication
of
information
by
a
consumer
1
reporting
agency
that
relates
to
a
consumer’s
creditworthiness,
2
credit
standing,
or
credit
capacity.
3
NEW
SUBSECTION
.
4B.
“Credit
score”
means
a
number
or
4
rating
that
is
derived
from
an
algorithm,
computer
application,
5
model,
or
other
process
that
is
based
in
whole
or
in
part
on
6
information
from
a
person’s
credit
report.
7
NEW
SUBSECTION
.
10A.
“Home
ownership
status”
means
whether
8
or
not
an
individual
owns
real
estate
classified
as
residential
9
property
for
property
taxation
purposes.
10
Sec.
4.
Section
216.5,
subsections
6
and
8,
Code
2011,
are
11
amended
to
read
as
follows:
12
6.
To
issue
such
publications
and
reports
of
investigations
13
and
research
as
in
the
judgment
of
the
commission
shall
tend
14
to
promote
goodwill
among
the
various
racial,
religious,
and
15
ethnic
groups
of
the
state
and
which
shall
tend
to
minimize
or
16
eliminate
discrimination
in
public
accommodations,
employment,
17
apprenticeship
and
on-the-job
training
programs,
vocational
18
schools,
or
housing
because
of
race,
creed,
color,
sex,
sexual
19
orientation,
gender
identity,
national
origin,
religion,
20
ancestry,
credit
score,
home
ownership
status,
or
disability.
21
8.
To
make
recommendations
to
the
general
assembly
for
22
such
further
legislation
concerning
discrimination
because
of
23
race,
creed,
color,
sex,
sexual
orientation,
gender
identity,
24
national
origin,
religion,
ancestry,
credit
score,
home
25
ownership
status,
or
disability
as
it
may
deem
necessary
and
26
desirable.
27
Sec.
5.
Section
216.6,
subsection
1,
paragraphs
a
through
c,
28
Code
2011,
are
amended
to
read
as
follows:
29
a.
Person
to
refuse
to
hire,
accept,
register,
classify,
30
or
refer
for
employment,
to
discharge
any
employee,
or
to
31
otherwise
discriminate
in
employment
against
any
applicant
for
32
employment
or
any
employee
because
of
the
age,
race,
creed,
33
color,
sex,
sexual
orientation,
gender
identity,
national
34
origin,
religion,
credit
score,
home
ownership
status,
or
35
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disability
of
such
applicant
or
employee,
unless
based
upon
1
the
nature
of
the
occupation.
If
a
person
with
a
disability
2
is
qualified
to
perform
a
particular
occupation,
by
reason
of
3
training
or
experience,
the
nature
of
that
occupation
shall
4
not
be
the
basis
for
exception
to
the
unfair
or
discriminating
5
practices
prohibited
by
this
subsection
.
6
b.
Labor
organization
or
the
employees,
agents,
or
members
7
thereof
to
refuse
to
admit
to
membership
any
applicant,
to
8
expel
any
member,
or
to
otherwise
discriminate
against
any
9
applicant
for
membership
or
any
member
in
the
privileges,
10
rights,
or
benefits
of
such
membership
because
of
the
age,
11
race,
creed,
color,
sex,
sexual
orientation,
gender
identity,
12
national
origin,
religion,
credit
score,
home
ownership
status,
13
or
disability
of
such
applicant
or
member.
14
c.
Employer,
employment
agency,
labor
organization,
or
the
15
employees,
agents,
or
members
thereof
to
directly
or
indirectly
16
advertise
or
in
any
other
manner
indicate
or
publicize
that
17
individuals
of
any
particular
age,
race,
creed,
color,
18
sex,
sexual
orientation,
gender
identity,
national
origin,
19
religion,
credit
score,
home
ownership
status,
or
disability
20
are
unwelcome,
objectionable,
not
acceptable,
or
not
solicited
21
for
employment
or
membership
unless
based
on
the
nature
of
the
22
occupation.
23
(1)
If
a
person
with
a
disability
is
qualified
to
perform
a
24
particular
occupation
by
reason
of
training
or
experience,
the
25
nature
of
that
occupation
shall
not
be
the
basis
for
exception
26
to
the
unfair
or
discriminating
practices
prohibited
by
this
27
subsection
.
28
(2)
An
employer,
employment
agency,
or
their
employees,
29
servants,
or
agents
may
offer
employment
or
advertise
for
30
employment
to
only
persons
with
disabilities,
when
other
31
applicants
have
available
to
them
other
employment
compatible
32
with
their
ability
which
would
not
be
available
to
persons
33
with
disabilities
because
of
their
disabilities.
Any
such
34
employment
or
offer
of
employment
shall
not
discriminate
among
35
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persons
with
disabilities
on
the
basis
of
race,
color,
creed,
1
sex,
sexual
orientation,
gender
identity,
credit
score,
home
2
ownership
status,
or
national
origin.
3
EXPLANATION
4
This
bill
prohibits
discriminatory
employment
practices
5
based
upon
a
person’s
credit
score
or
homeowner
status.
The
6
bill
defines
“consumer
reporting
agency”,
“credit
report”,
7
“credit
score”,
and
“homeowner
status”.
Penalty
provisions
8
for
discriminatory
employment
practices
are
made
applicable
to
9
discrimination
based
on
a
person’s
credit
score
or
homeowner
10
status.
11
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