House File 277 - Introduced HOUSE FILE 277 BY HANUSA , CHAMBERS , HUSEMAN , IVERSON , RUNNING-MARQUARDT , ALONS , BRANDENBURG , PEARSON , COWNIE , L. MILLER , SCHULTE , J. TAYLOR , SWEENEY , M. SMITH , WITTNEBEN , MUHLBAUER , GRASSLEY , KOESTER , MASSIE , DRAKE , HAGER , HELLAND , PAUSTIAN , WORTHAN , SCHULTZ , SHAW , LUKAN , THOMAS , HEDDENS , JACOBY , RAYHONS , VANDER LINDEN , LOFGREN , J. SMITH , FORRISTALL , DEYOE , WILLEMS , KEARNS , HORBACH , KLEIN , WINDSCHITL , DE BOEF , HEIN , BALTIMORE , BYRNES , RASMUSSEN , SODERBERG , VAN ENGELENHOVEN , ARNOLD , WAGNER , HANSON , UPMEYER , GARRETT , STECKMAN , BAUDLER , ROGERS , HAGENOW , RAECKER , HEATON , GASKILL , and PAULSEN A BILL FOR An Act relating to the Iowa civil rights Act and discrimination 1 based upon a person’s status as a veteran. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2280YH (7) 84 rh/nh

H.F. 277 Section 1. Section 216.2, Code 2011, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 16. “Veteran” means the same as defined in 3 section 35.1. 4 Sec. 2. Section 216.5, subsections 6 and 8, Code 2011, are 5 amended to read as follows: 6 6. To issue such publications and reports of investigations 7 and research as in the judgment of the commission shall tend 8 to promote goodwill among the various racial, religious, and 9 ethnic groups of the state and which shall tend to minimize or 10 eliminate discrimination in public accommodations, employment, 11 apprenticeship and on-the-job training programs, vocational 12 schools, or housing because of race, creed, color, sex, sexual 13 orientation, gender identity, national origin, religion, 14 ancestry, or disability , or veteran status . 15 8. To make recommendations to the general assembly for 16 such further legislation concerning discrimination because of 17 race, creed, color, sex, sexual orientation, gender identity, 18 national origin, religion, ancestry, or disability , or veteran 19 status as it may deem necessary and desirable. 20 Sec. 3. Section 216.6, subsection 1, paragraphs a through c, 21 Code 2011, are amended to read as follows: 22 a. Person to refuse to hire, accept, register, classify, 23 or refer for employment, to discharge any employee, or to 24 otherwise discriminate in employment against any applicant for 25 employment or any employee because of the age, race, creed, 26 color, sex, sexual orientation, gender identity, national 27 origin, religion, or disability , or veteran status of such 28 applicant or employee, unless based upon the nature of the 29 occupation. If a person with a disability is qualified to 30 perform a particular occupation, by reason of training or 31 experience, the nature of that occupation shall not be the 32 basis for exception to the unfair or discriminating practices 33 prohibited by this subsection . 34 b. Labor organization or the employees, agents, or members 35 -1- LSB 2280YH (7) 84 rh/nh 1/ 8

H.F. 277 thereof to refuse to admit to membership any applicant, to 1 expel any member, or to otherwise discriminate against any 2 applicant for membership or any member in the privileges, 3 rights, or benefits of such membership because of the age, 4 race, creed, color, sex, sexual orientation, gender identity, 5 national origin, religion, or disability , or veteran status of 6 such applicant or member. 7 c. Employer, employment agency, labor organization, or the 8 employees, agents, or members thereof to directly or indirectly 9 advertise or in any other manner indicate or publicize that 10 individuals of any particular age, race, creed, color, sex, 11 sexual orientation, gender identity, national origin, religion, 12 or disability , or veteran status are unwelcome, objectionable, 13 not acceptable, or not solicited for employment or membership 14 unless based on the nature of the occupation. 15 (1) If a person with a disability is qualified to perform a 16 particular occupation by reason of training or experience, the 17 nature of that occupation shall not be the basis for exception 18 to the unfair or discriminating practices prohibited by this 19 subsection . 20 (2) An employer, employment agency, or their employees, 21 servants, or agents may offer employment or advertise for 22 employment to only persons with disabilities, when other 23 applicants have available to them other employment compatible 24 with their ability which would not be available to persons 25 with disabilities because of their disabilities. Any such 26 employment or offer of employment shall not discriminate among 27 persons with disabilities on the basis of race, color, creed, 28 sex, sexual orientation, gender identity, or national origin , 29 or veteran status . 30 Sec. 4. Section 216.6A, subsection 1, paragraph a, 31 unnumbered paragraph 1, Code 2011, is amended to read as 32 follows: 33 The general assembly finds that the practice of 34 discriminating against any employee because of the age, 35 -2- LSB 2280YH (7) 84 rh/nh 2/ 8

H.F. 277 race, creed, color, sex, sexual orientation, gender identity, 1 national origin, religion, or disability , or veteran status 2 of such employee by paying wages to such employee at a rate 3 less than the rate paid to other employees does all of the 4 following: 5 Sec. 5. Section 216.6A, subsection 1, paragraph b, Code 6 2011, is amended to read as follows: 7 b. The general assembly declares that it is the policy 8 of this state to correct and, as rapidly as possible, to 9 eliminate, discriminatory wage practices based on age, race, 10 creed, color, sex, sexual orientation, gender identity, 11 national origin, religion, and disability , and veteran status . 12 Sec. 6. Section 216.6A, subsection 2, paragraph a, Code 13 2011, is amended to read as follows: 14 a. It shall be an unfair or discriminatory practice for any 15 employer or agent of any employer to discriminate against any 16 employee because of the age, race, creed, color, sex, sexual 17 orientation, gender identity, national origin, religion, or 18 disability , or veteran status of such employee by paying wages 19 to such employee at a rate less than the rate paid to other 20 employees who are employed within the same establishment for 21 equal work on jobs, the performance of which requires equal 22 skill, effort, and responsibility, and which are performed 23 under similar working conditions. An employer or agent of an 24 employer who is paying wages to an employee at a rate less than 25 the rate paid to other employees in violation of this section 26 shall not remedy the violation by reducing the wage rate of any 27 employee. 28 Sec. 7. Section 216.6A, subsection 3, paragraph d, Code 29 2011, is amended to read as follows: 30 d. Pay differential is based on any other factor other than 31 the age, race, creed, color, sex, sexual orientation, gender 32 identity, national origin, religion, or disability , or veteran 33 status of such employee. 34 Sec. 8. Section 216.7, subsection 1, paragraphs a and b, 35 -3- LSB 2280YH (7) 84 rh/nh 3/ 8

H.F. 277 Code 2011, are amended to read as follows: 1 a. To refuse or deny to any person because of race, creed, 2 color, sex, sexual orientation, gender identity, national 3 origin, religion, or disability , or veteran status the 4 accommodations, advantages, facilities, services, or privileges 5 thereof, or otherwise to discriminate against any person 6 because of race, creed, color, sex, sexual orientation, gender 7 identity, national origin, religion, or disability , or veteran 8 status in the furnishing of such accommodations, advantages, 9 facilities, services, or privileges. 10 b. To directly or indirectly advertise or in any other 11 manner indicate or publicize that the patronage of persons of 12 any particular race, creed, color, sex, sexual orientation, 13 gender identity, national origin, religion, or disability , or 14 veteran status is unwelcome, objectionable, not acceptable, or 15 not solicited. 16 Sec. 9. Section 216.8, subsection 1, paragraphs a through d, 17 Code 2011, are amended to read as follows: 18 a. To refuse to sell, rent, lease, assign, sublease, refuse 19 to negotiate, or to otherwise make unavailable, or deny any 20 real property or housing accommodation or part, portion, or 21 interest therein, to any person because of the race, color, 22 creed, sex, sexual orientation, gender identity, religion, 23 national origin, disability, veteran status, or familial status 24 of such person. 25 b. To discriminate against any person because of the 26 person’s race, color, creed, sex, sexual orientation, gender 27 identity, religion, national origin, disability, veteran 28 status, or familial status, in the terms, conditions, 29 or privileges of the sale, rental, lease assignment, or 30 sublease of any real property or housing accommodation or any 31 part, portion, or interest in the real property or housing 32 accommodation or in the provision of services or facilities in 33 connection with the real property or housing accommodation. 34 c. To directly or indirectly advertise, or in any other 35 -4- LSB 2280YH (7) 84 rh/nh 4/ 8

H.F. 277 manner indicate or publicize that the purchase, rental, 1 lease, assignment, or sublease of any real property or housing 2 accommodation or any part, portion, or interest therein, by 3 persons of any particular race, color, creed, sex, sexual 4 orientation, gender identity, religion, national origin, 5 disability, veteran status, or familial status is unwelcome, 6 objectionable, not acceptable, or not solicited. 7 d. To discriminate against the lessee or purchaser of any 8 real property or housing accommodation or part, portion, or 9 interest of the real property or housing accommodation, or 10 against any prospective lessee or purchaser of the property or 11 accommodation, because of the race, color, creed, religion, 12 sex, sexual orientation, gender identity, disability, age, or 13 national origin , or veteran status of persons who may from time 14 to time be present in or on the lessee’s or owner’s premises 15 for lawful purposes at the invitation of the lessee or owner 16 as friends, guests, visitors, relatives, or in any similar 17 capacity. 18 Sec. 10. Section 216.8A, subsections 1 and 2, Code 2011, are 19 amended to read as follows: 20 1. A person shall not induce or attempt to induce another 21 person to sell or rent a dwelling by representations regarding 22 the entry or prospective entry into a neighborhood of a person 23 of a particular race, color, creed, sex, sexual orientation, 24 gender identity, religion, national origin, disability, veteran 25 status, or familial status. 26 2. A person shall not represent to a person of a particular 27 race, color, creed, sex, sexual orientation, gender identity, 28 religion, national origin, disability, veteran status, 29 or familial status that a dwelling is not available for 30 inspection, sale, or rental when the dwelling is available for 31 inspection, sale, or rental. 32 Sec. 11. Section 216.8A, subsection 4, paragraph a, Code 33 2011, is amended to read as follows: 34 a. A person whose business includes engaging in residential 35 -5- LSB 2280YH (7) 84 rh/nh 5/ 8

H.F. 277 real estate related transactions shall not discriminate 1 against a person in making a residential real estate 2 related transaction available or in terms or conditions of 3 a residential real estate related transaction because of 4 race, color, creed, sex, sexual orientation, gender identity, 5 religion, national origin, disability, veteran status, or 6 familial status. 7 Sec. 12. Section 216.8A, subsection 5, Code 2011, is amended 8 to read as follows: 9 5. A person shall not deny another person access to, 10 or membership or participation in, a multiple-listing 11 service, real estate brokers’ organization or other service, 12 organization, or facility relating to the business of selling 13 or renting dwellings, or discriminate against a person in 14 terms or conditions of access, membership, or participation in 15 such organization because of race, color, creed, sex, sexual 16 orientation, gender identity, religion, national origin, 17 disability, veteran status, or familial status. 18 Sec. 13. Section 216.9, subsection 1, unnumbered paragraph 19 1, Code 2011, is amended to read as follows: 20 It is an unfair or discriminatory practice for any 21 educational institution to discriminate on the basis of 22 race, creed, color, sex, sexual orientation, gender identity, 23 national origin, religion, or disability , or veteran status in 24 any program or activity. Such discriminatory practices shall 25 include but not be limited to the following practices: 26 Sec. 14. Section 216.10, subsection 1, paragraphs a through 27 c, Code 2011, are amended to read as follows: 28 a. Creditor to refuse to enter into a consumer credit 29 transaction or impose finance charges or other terms or 30 conditions more onerous than those regularly extended by that 31 creditor to consumers of similar economic backgrounds because 32 of age, color, creed, national origin, race, religion, marital 33 status, sex, sexual orientation, gender identity, physical 34 disability, veteran status, or familial status. 35 -6- LSB 2280YH (7) 84 rh/nh 6/ 8

H.F. 277 b. Person authorized or licensed to do business in this 1 state pursuant to chapter 524 , 533 , 534 , 536 , or 536A to refuse 2 to loan or extend credit or to impose terms or conditions 3 more onerous than those regularly extended to persons of 4 similar economic backgrounds because of age, color, creed, 5 national origin, race, religion, marital status, sex, sexual 6 orientation, gender identity, physical disability, veteran 7 status, or familial status. 8 c. Creditor to refuse to offer credit life or health and 9 accident insurance because of color, creed, national origin, 10 race, religion, marital status, age, physical disability, 11 sex, sexual orientation, gender identity, veteran status, 12 or familial status. Refusal by a creditor to offer credit 13 life or health and accident insurance based upon the age or 14 physical disability of the consumer shall not be an unfair or 15 discriminatory practice if such denial is based solely upon 16 bona fide underwriting considerations not prohibited by Title 17 XIII, subtitle 1 . 18 Sec. 15. Section 216.12A, Code 2011, is amended to read as 19 follows: 20 216.12A Additional housing exception. 21 Sections 216.8 and 216.8A do not prohibit a person engaged 22 in the business of furnishing appraisals of real estate from 23 taking into consideration factors other than race, color, 24 creed, sex, sexual orientation, gender identity, religion, 25 national origin, disability, veteran status, or familial status 26 in appraising real estate. 27 EXPLANATION 28 The bill prohibits discrimination in employment, wages, 29 public accommodations, housing, education, and credit practices 30 based upon a person’s status as a veteran. “Veteran” means 31 the same as defined in Code section 35.1, which includes the 32 requirement that the person defined as a veteran be a resident 33 of this state. 34 A person who claims to be aggrieved by an unfair or 35 -7- LSB 2280YH (7) 84 rh/nh 7/ 8

H.F. 277 discriminatory practice under Code chapter 216 (Iowa’s civil 1 rights Act) may file a complaint with the Iowa civil rights 2 commission. If the commission determines a respondent has 3 violated the civil rights Act, the commission has the authority 4 to order certain relief including back pay and interest, actual 5 expenses, an order to cease discriminatory practices, damages 6 based on emotional distress, and reasonable attorney fees. 7 -8- LSB 2280YH (7) 84 rh/nh 8/ 8