SF 352 (LSB 1626XS (1) 85)

SENATE FILE 352

BY  HATCH

A BILL FOR

An Act relating to employment discrimination on the basis of sex.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 216.6, subsection 1, paragraph a, Code 2013, is amended to read as follows:
   a.  Person to refuse to hire, accept, register, classify, or refer for employment, to discharge any employee, or to otherwise discriminate in employment against any applicant for employment or any employee because of the age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability of such applicant or employee, unless based upon the nature of the occupation. If a person with a disability is qualified to perform a particular occupation, by reason of training or experience, the nature of that occupation shall not be the basis for exception to the unfair or discriminating practices prohibited by this subsection.

For purposes of this paragraph, “because of the sex of such applicant or employee” includes actions taken by an employer because of the employer’s physical attraction to or personal feelings toward an employee or applicant for employment that would not occur but for the employee’s or applicant’s sex.
    Sec. 2.  Section 216.6A, subsection 2, Code 2013, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  For purposes of this subsection, “because of the sex of such employee” includes actions taken by an employer because of the employer’s physical attraction to or personal feelings toward an employee or applicant for employment that would not occur but for the employee’s or applicant’s sex.
EXPLANATION
   This bill provides that employment discrimination on the basis of sex under the Iowa Civil Rights Act includes adverse employment action taken by an employer because of the employer’s physical attraction to or personal feelings toward an employee or applicant for employment that would not occur but for the employee’s or applicant’s sex.