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 TLSB 5753YH (3) 84 je/sc
H.F. 2281 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 -1- LSB 5753YH (3) 84 je/sc 1/ 4
H.F. 2281 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 -2- LSB 5753YH (3) 84 je/sc 2/ 4
H.F. 2281 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 -3- LSB 5753YH (3) 84 je/sc 3/ 4
H.F. 2281 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 -4- LSB 5753YH (3) 84 je/sc 4/ 4