S.F. 2098 Section 1. Section 216.6, subsection 2, Code 2016, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . f. (1) For the purposes of this paragraph, 3 unless the context otherwise requires: 4 (a) “Reasonable accommodation” includes but is not limited 5 to more frequent or longer breaks, time off to recover 6 from childbirth, acquisition or modification of equipment, 7 performance of job duties while seated, temporary transfer to a 8 less strenuous or hazardous position, job restructuring, light 9 duty, break time and private non-bathroom space for expressing 10 breast milk, assistance with manual labor, or modified work 11 schedules. 12 (b) “Related medical condition” includes but is not limited 13 to lactation or the need to express breast milk for a nursing 14 child. 15 (c) “Undue hardship” means an action requiring significant 16 difficulty or expense. 17 (2) It shall be an unfair or discriminatory practice for an 18 employer to do any of the following: 19 (a) Deny a reasonable accommodation in the terms, 20 conditions, or privileges of employment to a job applicant or 21 employee based on the employee’s or applicant’s pregnancy, 22 childbirth, or related medical condition if the employee or 23 applicant requests a reasonable accommodation, unless the 24 employer can demonstrate that providing the accommodation would 25 impose an undue hardship on the employer’s program, enterprise, 26 or business. 27 (b) Take adverse action against an employee who requests 28 or uses a reasonable accommodation pursuant to this paragraph. 29 Such adverse action includes but is not limited to failing to 30 reinstate the employee to the employee’s original job or to 31 an equivalent position with equivalent pay and accumulated 32 seniority, retirement, fringe benefits, and other applicable 33 service credits when the employee’s need for a reasonable 34 accommodation ceases. 35 -1- LSB 5429XS (4) 86 je/sc 1/ 6

S.F. 2098 (c) Deny employment opportunities to a job applicant or 1 employee if such denial is based on the need of the employer 2 to make a reasonable accommodation to the job applicant or 3 employee pursuant to this paragraph. 4 (d) Require a job applicant or employee affected by 5 pregnancy, childbirth, or a related medical condition to accept 6 an accommodation that the applicant or employee declines to 7 accept. 8 (e) Require an employee to take employment leave if another 9 reasonable accommodation can be provided pursuant to this 10 paragraph without undue hardship to the employer. 11 (f) Make an inquiry prior to employment regarding a 12 job applicant’s pregnancy, childbirth, or related medical 13 condition. 14 (3) An employer shall engage in a timely, good-faith, and 15 interactive process with an employee to determine effective 16 reasonable accommodations pursuant to this paragraph. 17 (4) (a) An employer shall have the burden of proving undue 18 hardship under this paragraph. In making a determination of 19 undue hardship, factors to be considered by the commission 20 include but are not limited to: 21 (i) The nature and cost of the accommodation. 22 (ii) The overall financial and other resources of the 23 employer. 24 (iii) The overall size of the business of the employer with 25 respect to the number of employees. 26 (iv) The number, type, and location of the employer’s 27 facilities. 28 (b) The fact that an employer provides or would be 29 required to provide a similar accommodation to another class 30 of employees that requires such accommodation shall create a 31 rebuttable presumption that the accommodation does not impose 32 an undue hardship on the employer. 33 (5) An employer shall not be required under this paragraph 34 to create additional jobs or provide additional work hours 35 -2- LSB 5429XS (4) 86 je/sc 2/ 6

S.F. 2098 that the employer would not otherwise have created or 1 provided, unless the employer does so or would do so to 2 accommodate another class of employees that requires such 3 accommodation. An employer shall not be required under this 4 paragraph to discharge any employee, transfer any employee 5 with more seniority than an employee requesting a reasonable 6 accommodation, or promote any employee who is not qualified 7 to perform a job, unless the employer does so or would do so 8 to accommodate another class of employees that requires such 9 accommodation. 10 (6) An employer shall post written notice in a form 11 prescribed by the commission of the right to be free from 12 discrimination in relation to pregnancy, childbirth, or a 13 related medical condition, including the right to reasonable 14 accommodations based on pregnancy, childbirth, or a related 15 medical condition, pursuant to this paragraph conspicuously 16 at the employer’s place of business in an area accessible 17 to employees. Such notice shall also be provided to the 18 following: 19 (a) New employees at the commencement of employment. 20 (b) Existing employees by January 1, 2017. 21 (c) Any employee who notifies the employer of the employee’s 22 pregnancy within ten days of such notification. 23 (7) The commission shall develop courses of instruction 24 and conduct ongoing public education efforts as necessary to 25 inform employers, employees, employment agencies, and job 26 applicants regarding their rights and responsibilities under 27 this paragraph. 28 (8) This paragraph shall not be construed to narrow 29 or restrict any other provision of law relating to sex 30 discrimination or pregnancy, or to diminish any right or 31 responsibility thereunder. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -3- LSB 5429XS (4) 86 je/sc 3/ 6

S.F. 2098 This bill establishes additional unfair or discriminatory 1 employment practices under Code chapter 216, “Iowa Civil Rights 2 Act of 1965”, concerning pregnancy, childbirth, or related 3 medical conditions. 4 The bill prohibits an employer from denying a reasonable 5 accommodation in the terms, conditions, or privileges of 6 employment to a job applicant or employee based on the 7 employee’s or applicant’s pregnancy, childbirth, or related 8 medical condition upon request, unless the employer can 9 demonstrate that providing the accommodation would impose an 10 undue hardship on the employer. 11 The bill prohibits an employer from taking adverse action 12 against an employee who requests or uses such a reasonable 13 accommodation. 14 The bill prohibits an employer from denying employment 15 opportunities to a job applicant or employee if such denial is 16 based on the need of the employer to make such a reasonable 17 accommodation. 18 The bill prohibits an employer from requiring a job 19 applicant or employee affected by pregnancy, childbirth, or a 20 related medical condition to accept an accommodation that the 21 applicant or employee declines to accept. 22 The bill prohibits an employer from requiring an employee 23 to take employment leave if another reasonable accommodation 24 can be provided pursuant to the bill without undue hardship to 25 the employer. 26 The bill prohibits an employer from making an inquiry 27 prior to employment regarding a job applicant’s pregnancy, 28 childbirth, or related medical condition. 29 The bill defines “reasonable accommodation” to include but 30 not be limited to more frequent or longer breaks, time off 31 to recover from childbirth, acquisition or modification of 32 equipment, performance of job duties while seated, temporary 33 transfer to a less strenuous or hazardous position, job 34 restructuring, light duty, break time and private non-bathroom 35 -4- LSB 5429XS (4) 86 je/sc 4/ 6

S.F. 2098 space for expressing breast milk, assistance with manual labor, 1 or modified work schedules. 2 The bill defines “related medical condition” to include but 3 not be limited to lactation or the need to express breast milk 4 for a nursing child. 5 The bill defines “undue hardship” as an action requiring 6 significant difficulty or expense. 7 The bill requires an employer to engage in a timely, 8 good-faith, and interactive process with an employee to 9 determine effective reasonable accommodations pursuant to the 10 bill. 11 The bill specifies that an employer shall have the burden 12 of proving undue hardship under the bill. The bill provides 13 a nonexclusive list of factors to be considered by the civil 14 rights commission in making such a determination. The bill 15 specifies that an employer who provides or would be required to 16 provide a similar accommodation to another class of employees 17 that requires such accommodation shall create a rebuttable 18 presumption that the accommodation does not impose an undue 19 hardship on the employer. 20 The bill does not require an employer to create additional 21 jobs or provide additional work hours that the employer 22 would not otherwise have created or provided, unless the 23 employer does so or would do so to accommodate another class 24 of employees that requires such accommodation. The bill does 25 not require an employer to discharge any employee, transfer 26 any employee with more seniority than an employee requesting 27 a reasonable accommodation, or promote any employee who is 28 not qualified to perform a job, unless the employer does so 29 or would do so to accommodate another class of employees that 30 requires such accommodation. 31 The bill requires an employer to post written notice of the 32 right to be free from discrimination in relation to pregnancy, 33 childbirth, or a related medical condition, including the right 34 to reasonable accommodations, conspicuously at the employer’s 35 -5- LSB 5429XS (4) 86 je/sc 5/ 6

S.F. 2098 place of business in an area accessible to employees. The bill 1 also requires such notice to be provided to new employees, 2 existing employees by January 1, 2017, and any employee who 3 notifies the employer of the employee’s pregnancy. 4 The bill requires the commission to develop courses of 5 instruction and conduct ongoing public education efforts as 6 necessary to inform employers, employees, employment agencies, 7 and job applicants regarding their rights and responsibilities 8 under the bill. 9 The bill shall not be construed to narrow or restrict 10 any other provision of law relating to sex discrimination 11 or pregnancy, or to diminish any right or responsibility 12 thereunder. 13 Penalty provisions for discriminatory employment practices 14 are applicable to the requirements established in the bill. 15 -6- LSB 5429XS (4) 86 je/sc 6/ 6