Senate
File
2028
-
Introduced
SENATE
FILE
2028
BY
QUIRMBACH
,
McCOY
,
KIBBIE
,
FRAISE
,
HORN
,
DEARDEN
,
HATCH
,
SENG
,
DOTZLER
,
DVORSKY
,
and
BOLKCOM
A
BILL
FOR
An
Act
prohibiting
employment
discrimination
based
on
1
unemployment
status
and
providing
remedies.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
FINDINGS
——
PURPOSE.
1
1.
The
general
assembly
finds
that
denial
of
employment
2
opportunities
to
individuals
because
of
their
status
as
3
unemployed
is
discriminatory
and
burdens
commerce
by
doing
one
4
or
more
of
the
following:
5
a.
Reducing
personal
consumption
and
undermining
economic
6
stability
and
growth.
7
b.
Squandering
human
capital
essential
to
the
state’s
8
economic
vibrancy
and
growth.
9
c.
Increasing
demands
for
unemployment
insurance
benefits,
10
reducing
unemployment
trust
fund
assets,
and
leading
to
higher
11
payroll
taxes
for
employers,
or
cuts
in
unemployment
insurance
12
benefits
for
jobless
workers,
or
both.
13
d.
Imposing
additional
burdens
on
publicly
funded
health
and
14
welfare
programs.
15
e.
Depressing
income,
property,
and
other
tax
revenues
that
16
the
states
and
local
governments
rely
on
to
support
operations
17
and
institutions
essential
to
commerce.
18
2.
The
purposes
of
this
Act
are
all
of
the
following:
19
a.
To
prohibit
employers
and
employment
agencies
from
20
disqualifying
an
individual
from
employment
opportunities
21
because
of
that
individual’s
status
as
unemployed.
22
b.
To
prohibit
employers
and
employment
agencies
from
23
publishing
or
posting
any
advertisement
or
announcement
for
24
an
employment
opportunity
that
indicates
that
an
individual’s
25
status
as
unemployed
disqualifies
that
individual
for
the
26
opportunity.
27
c.
To
eliminate
the
burdens
imposed
on
commerce
due
to
the
28
exclusion
of
such
individuals
from
employment.
29
Sec.
2.
Section
216.2,
Code
2011,
is
amended
by
adding
the
30
following
new
subsection:
31
NEW
SUBSECTION
.
14A.
“Status
as
unemployed”
means
that
an
32
individual,
at
the
time
of
application
for
employment
or
at
the
33
time
of
action
alleged
to
violate
this
chapter,
does
not
have
a
34
job,
is
available
for
work,
and
is
searching
for
work.
35
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Sec.
3.
Section
216.2,
subsection
15,
Code
2011,
is
amended
1
to
read
as
follows:
2
15.
“Unfair
practice”
or
“discriminatory
practice”
means
3
those
practices
specified
as
unfair
or
discriminatory
in
4
sections
216.6
,
216.6A
,
216.6B,
216.7
,
216.8
,
216.8A
,
216.9
,
5
216.10
,
216.11
,
and
216.11A
.
6
Sec.
4.
NEW
SECTION
.
216.6B
Additional
unfair
or
7
discriminatory
practice
——
unemployment
status
discrimination
in
8
employment.
9
1.
It
shall
be
an
unfair
or
discriminatory
practice
for
an
10
employer
to
do
any
of
the
following:
11
a.
Publish
in
print,
on
the
internet,
or
in
any
other
12
medium,
an
advertisement
or
announcement
for
an
employee
for
13
any
job
that
includes
any
of
the
following:
14
(1)
Any
provision
stating
or
indicating
that
an
15
individual’s
status
as
unemployed
disqualifies
the
individual
16
for
any
employment
opportunity.
17
(2)
Any
provision
stating
or
indicating
that
the
employer
18
will
not
consider
or
hire
an
individual
for
any
employment
19
opportunity
based
on
that
individual’s
status
as
unemployed.
20
b.
Fail
or
refuse
to
consider
for
employment,
or
fail
or
21
refuse
to
hire,
an
individual
as
an
employee
because
of
the
22
individual’s
status
as
unemployed.
23
c.
Direct
or
request
that
an
employment
agency
take
an
24
individual’s
status
as
unemployed
into
account
to
disqualify
25
an
applicant
for
consideration,
screening,
or
referral
for
26
employment
as
an
employee.
27
2.
It
shall
be
an
unfair
or
discriminatory
practice
for
an
28
employment
agency
to
do
any
of
the
following:
29
a.
Publish
in
print,
on
the
internet,
or
in
any
other
30
medium,
an
advertisement
or
announcement
for
any
vacancy
in
a
31
job,
as
an
employee,
that
includes
any
of
the
following:
32
(1)
Any
provision
stating
or
indicating
that
an
33
individual’s
status
as
unemployed
disqualifies
the
individual
34
for
any
employment
opportunity.
35
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(2)
Any
provision
stating
or
indicating
that
the
employment
1
agency
or
an
employer
will
not
consider
or
hire
an
individual
2
for
any
employment
opportunity
based
on
that
individual’s
3
status
as
unemployed.
4
b.
Screen,
fail
or
refuse
to
consider,
or
fail
or
refuse
to
5
refer
an
individual
for
employment
as
an
employee
because
of
6
the
individual’s
status
as
unemployed.
7
c.
Limit,
segregate,
or
classify
any
individual
in
any
8
manner
that
would
limit
or
tend
to
limit
the
individual’s
9
access
to
information
about
jobs,
or
consideration,
screening,
10
or
referral
for
jobs,
as
an
employee,
solely
because
of
an
11
individual’s
status
as
unemployed.
12
3.
This
section
shall
not
be
construed
to
preclude
an
13
employer
or
employment
agency
from
considering
an
individual’s
14
employment
history,
or
from
examining
the
reasons
underlying
15
an
individual’s
status
as
unemployed,
in
assessing
an
16
individual’s
ability
to
perform
a
job
or
in
otherwise
17
making
employment
decisions
about
that
individual.
Such
18
consideration
or
examination
may
include
an
assessment
of
19
whether
an
individual’s
employment
history
in
a
similar
or
20
related
job
for
a
period
of
time
reasonably
proximate
to
the
21
time
of
consideration
of
the
individual
for
new
employment
is
22
job-related
or
consistent
with
business
necessity
in
relation
23
to
that
new
employment.
24
Sec.
5.
Section
216.15,
subsection
9,
paragraph
a,
Code
25
2011,
is
amended
by
adding
the
following
new
subparagraph:
26
NEW
SUBPARAGRAPH
.
(10)
For
an
unfair
or
discriminatory
27
practice
relating
to
unemployment
status
discrimination
28
pursuant
to
section
216.6B,
payment
to
the
complainant
of
29
damages
for
an
injury
caused
by
the
unfair
or
discriminatory
30
practice
which
damages
shall
include
but
are
not
limited
to
31
actual
damages,
court
costs,
reasonable
attorney
fees,
and
any
32
of
the
following,
if
applicable:
33
(a)
For
an
unfair
or
discriminatory
practice
relating
to
34
unemployment
status
discrimination
pursuant
to
section
216.6B,
35
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subsection
1,
paragraph
“a”
,
or
subsection
2,
paragraph
“a”
,
1
damages
in
an
amount
not
to
exceed
one
thousand
dollars
for
2
each
day
the
unfair
or
discriminatory
practice
occurs.
3
(b)
For
an
unfair
or
discriminatory
practice
relating
to
4
unemployment
status
discrimination
pursuant
to
section
216.6B,
5
subsection
1,
paragraph
“b”
or
“c”
,
or
subsection
2,
paragraph
6
“b”
or
“c”
,
if
wages,
salary,
employment
benefits,
or
other
7
compensation
have
not
been
denied
or
lost
to
the
individual,
8
damages
in
an
amount
not
to
exceed
five
thousand
dollars.
9
EXPLANATION
10
This
bill
prohibits
employment
discrimination
based
on
11
an
individual’s
status
as
unemployed.
The
bill
defines
12
“status
as
unemployed”
as
an
individual
who,
at
the
time
13
of
application
for
employment
or
at
the
time
of
an
alleged
14
violation,
does
not
have
a
job,
is
available
for
work,
and
15
is
searching
for
work.
The
Iowa
civil
rights
commission
is
16
charged
with
administration
of
the
bill
via
existing
procedures
17
for
employment
discrimination
complaints.
18
The
bill
prohibits
an
employer
from
engaging
in
certain
19
unfair
or
discriminatory
employment
practices.
An
employer
is
20
prohibited
from
publishing
an
advertisement
or
announcement
21
for
employment
that
includes
any
provision
stating
that
an
22
individual’s
status
as
unemployed
disqualifies
the
individual
23
for
any
employment
opportunity
or
any
provision
stating
that
24
the
employer
will
not
consider
or
hire
an
individual
for
any
25
employment
opportunity
based
on
that
individual’s
status
as
26
unemployed.
An
employer
is
prohibited
from
failing
or
refusing
27
to
consider
for
employment
or
failing
or
refusing
to
hire
an
28
individual
because
of
the
individual’s
status
as
unemployed.
29
An
employer
is
prohibited
from
directing
or
requesting
that
an
30
employment
agency
take
an
individual’s
status
as
unemployed
31
into
account
to
disqualify
an
applicant
for
consideration,
32
screening,
or
referral
for
employment.
33
The
bill
also
prohibits
an
employment
agency
from
engaging
34
in
certain
unfair
or
discriminatory
employment
practices.
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An
employment
agency
is
prohibited
from
publishing
an
1
advertisement
or
announcement
for
any
vacancy
in
a
job
that
2
includes
any
provision
stating
that
an
individual’s
status
3
as
unemployed
disqualifies
the
individual
for
any
employment
4
opportunity
or
any
provision
stating
that
the
employment
agency
5
or
an
employer
will
not
consider
or
hire
an
individual
for
any
6
employment
opportunity
based
on
that
individual’s
status
as
7
unemployed.
An
employment
agency
is
prohibited
from
screening,
8
or
failing
or
refusing
to
consider,
or
failing
or
refusing
to
9
refer
an
individual
for
employment
because
of
the
individual’s
10
status
as
unemployed.
An
employment
agency
is
prohibited
from
11
limiting,
segregating,
or
classifying
an
individual
in
any
12
manner
that
would
limit
the
individual’s
access
to
information
13
about
jobs,
or
consideration,
screening,
or
referral
for
jobs
14
solely
because
of
the
individual’s
status
as
unemployed.
15
The
bill
provides
that
a
prevailing
complainant
is
entitled
16
to
damages
including
but
not
limited
to
actual
damages;
court
17
costs;
reasonable
attorney
fees;
for
a
violation
relating
to
18
publication
of
an
advertisement
or
announcement
for
employment,
19
up
to
$1,000
for
each
day
the
violation
occurs;
and
for
20
any
other
violation,
if
wages,
salary,
employment
benefits,
21
or
other
compensation
have
not
been
denied
or
lost
to
the
22
complainant,
up
to
$5,000.
23
The
bill
is
not
to
be
construed
to
preclude
an
employer
24
or
employment
agency
from
considering
an
individual’s
25
employment
history,
or
from
examining
the
reasons
underlying
26
an
individual’s
status
as
unemployed,
in
assessing
an
27
individual’s
ability
to
perform
a
job
or
in
otherwise
making
28
employment
decisions
about
that
individual.
Such
consideration
29
or
examination
may
include
an
assessment
of
whether
an
30
individual’s
employment
history
in
a
similar
or
related
job
31
for
a
period
of
time
reasonably
proximate
to
the
time
of
32
consideration
for
new
employment
is
job-related
or
consistent
33
with
business
necessity
in
relation
to
that
new
employment.
34
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