H.F. 110 Section 1. NEW SECTION . 216.6B Additional unfair or 1 discriminatory practice —— sexual harassment in employment. 2 1. a. As used in this section, “sexual harassment” means 3 persistent, repetitive, or highly egregious conduct directed at 4 a specific individual or group of individuals that a reasonable 5 person would interpret as intentional harassment of a sexual 6 nature, taking into consideration the full context in which the 7 conduct occurs, which conduct threatens to impair the ability 8 of a person to perform the duties of employment. 9 b. “Sexual harassment” may include but is not limited to the 10 following: 11 (1) Unsolicited sexual advances by a person toward another 12 person who has clearly communicated the other person’s desire 13 not to be the subject of those advances. 14 (2) Sexual advances or propositions made by a person having 15 superior authority toward another person within the workplace. 16 (3) Instances of offensive sexual remarks or speech or 17 graphic sexual displays directed at a person in the workplace, 18 who has clearly communicated the person’s objection to that 19 conduct, and where the person is not free to avoid that conduct 20 due to the requirements of the employment. 21 2. All employers, employment agencies, and labor 22 organizations have an obligation to ensure a workplace that is 23 free from sexual harassment. 24 3. Every employer shall: 25 a. Adopt a written policy against sexual harassment which 26 shall include all of the following: 27 (1) A statement that sexual harassment in the workplace is 28 unlawful. 29 (2) A statement that it is unlawful to retaliate against 30 an employee for filing a complaint of sexual harassment or for 31 cooperating in an investigation of sexual harassment. 32 (3) A description and examples of sexual harassment. 33 (4) A statement of the range of consequences for employees 34 who commit sexual harassment. 35 -1- LSB 1375YH (2) 88 asf/jh 1/ 15

H.F. 110 (5) If the employer has more than three employees, a 1 description of the process for filing internal complaints about 2 sexual harassment and the names, addresses, and telephone 3 numbers of the person or persons to whom complaints should be 4 made. 5 (6) The complaint process of the appropriate local, state, 6 and federal employment discrimination enforcement agencies, and 7 directions as to how to contact such agencies. 8 b. Post in a prominent and accessible location in the 9 workplace, a poster providing, at a minimum, the elements of 10 the employer's sexual harassment policy required by paragraph 11 “a” . 12 c. Provide to all employees a written copy of the employer's 13 policy against sexual harassment. 14 4. a. An employer shall provide a copy of the employer’s 15 written policies to new employees when hired. 16 b. If an employer makes changes to its policy against sexual 17 harassment, the employer shall provide to all employees a 18 written copy of the updated policy. 19 5. The commission shall prepare and provide to employers a 20 model policy and a model poster, which may be used by employers 21 for the purposes of this section. 22 6. An assertion that an employee did not receive the 23 information required to be provided by this section shall 24 not result in the automatic liability of any employer to any 25 current or former employee or applicant in any action alleging 26 sexual harassment. An employer’s compliance with the notice 27 requirements of this section does not preclude the employer 28 from liability for sexual harassment of any current or former 29 employee or applicant. 30 7. a. Employers and labor organizations are encouraged to 31 conduct an education and training program for all new employees 32 and members that includes at a minimum all the information 33 outlined in this section within one year after commencement of 34 employment. 35 -2- LSB 1375YH (2) 88 asf/jh 2/ 15

H.F. 110 b. Employers and labor organizations are encouraged to 1 conduct an annual education and training program for all 2 employees and members that includes at a minimum all the 3 information outlined in this section. 4 c. Employers are encouraged to conduct additional training 5 for new supervisory and managerial employees and members within 6 one year after commencement of employment or membership, which 7 should include at a minimum the information outlined in this 8 section, the specific responsibilities of supervisory and 9 managerial employees, and the actions that these employees must 10 take to ensure immediate and appropriate corrective action in 11 addressing sexual harassment complaints. 12 d. Employers, labor organizations, and appropriate state 13 agencies are encouraged to cooperate in making this training 14 available. 15 8. a. An employer shall not require any employee or 16 prospective employee, as a condition of employment, to sign an 17 agreement or waiver that does any of the following: 18 (1) Prohibits, prevents, or otherwise restricts the 19 employee or prospective employee from opposing, disclosing, 20 reporting, or participating in an investigation of sexual 21 harassment. 22 (2) Except as otherwise permitted by state or federal law, 23 purports to waive a substantive or procedural right or remedy 24 available to the employee with respect to a claim of sexual 25 harassment. 26 b. An agreement to settle a sexual harassment claim shall 27 expressly state all of the following: 28 (1) That the agreement does not prohibit, prevent, or 29 otherwise restrict the individual who made the claim from doing 30 any of the following: 31 (a) Lodging a complaint of sexual harassment committed by 32 any person with the commission, the federal equal employment 33 opportunity commission, or any other local, state, or federal 34 agency. 35 -3- LSB 1375YH (2) 88 asf/jh 3/ 15

H.F. 110 (b) Testifying, assisting, or participating in any manner 1 with an investigation related to a claim of sexual harassment 2 conducted by the commission, the federal equal employment 3 opportunity commission, or any other local, state, or federal 4 agency. 5 (c) Complying with a valid request for discovery in relation 6 to civil litigation or testifying in a hearing or trial 7 related to a claim of sexual harassment that is conducted by a 8 court, pursuant to an arbitration agreement, or before another 9 appropriate tribunal. 10 (d) Exercising any right the individual may have pursuant to 11 state or federal labor relations laws to engage in concerted 12 activities with other employees for the purposes of collective 13 bargaining or mutual aid and protection. 14 (e) (i) For the purposes of this subparagraph division, 15 “pursuing” means taking steps to file a criminal complaint 16 including but not limited to speaking with a peace officer 17 as defined in section 801.4 or a county attorney regarding 18 criminal harassment, filing a criminal complaint, or assisting 19 a peace officer or county attorney in the prosecution of a 20 criminal complaint. 21 (ii) Pursuing a criminal harassment complaint pursuant to 22 section 708.7. 23 (2) That the agreement does not waive any rights or claims 24 that may arise after the date the settlement agreement is 25 executed. 26 c. Any provision of an agreement to settle a sexual 27 harassment claim that violates paragraph “b” shall be void and 28 unenforceable against the individual who made the claim. 29 d. Nothing in subparagraph (2) of paragraph “b” shall be 30 construed to prevent an agreement to settle a sexual harassment 31 claim from waiving or releasing the claimant’s right to seek 32 or obtain any remedies relating to sexual harassment of the 33 claimant by another party to the agreement that occurred before 34 the date on which the agreement is executed. 35 -4- LSB 1375YH (2) 88 asf/jh 4/ 15

H.F. 110 e. (1) (a) (i) For the purpose of assessing compliance 1 with the provisions of this section, the commission may with 2 48 hours’ notice, at reasonable times and without unduly 3 disrupting business operations, enter and inspect any place 4 of employment, question any person who is authorized by 5 the employer to receive or investigate complaints of sexual 6 harassment, and examine an employer’s records, policies, 7 procedures, and training materials related to the prevention of 8 sexual harassment and the requirements of this section. 9 (ii) An employer may agree to waive or shorten the 48-hour 10 notice period. 11 (iii) As used in subparagraph subdivision (i), the term 12 “records” includes de-identified data regarding the number of 13 complaints of sexual harassment received and the resolution of 14 each complaint. 15 (b) The employer shall at reasonable times and without 16 unduly disrupting business operations make any persons who are 17 authorized by the employer to receive or investigate complaints 18 of sexual harassment and any records, policies, procedures, 19 and training materials related to the prevention of sexual 20 harassment and the requirements of this section available to 21 the commission or designee. 22 (2) Following an inspection and examination pursuant to 23 subparagraph division (a) of this paragraph “e” , the commission 24 shall notify the employer of the results of the inspection and 25 examination, including any issues or deficiencies identified, 26 provide resources regarding practices and procedures for the 27 prevention of sexual harassment that the employer may wish 28 to adopt or utilize, and identify any technical assistance 29 that the commission may be able to provide to help the 30 employer address any identified issues or deficiencies. If 31 the commission determines that it is necessary to ensure the 32 employer’s workplace is free from sexual harassment, the 33 employer may be required, for a period of up to three years, to 34 provide an annual education and training program that satisfies 35 -5- LSB 1375YH (2) 88 asf/jh 5/ 15

H.F. 110 the provisions of subparagraph (4) of this paragraph “e” to all 1 employees or to conduct an annual, anonymous working-climate 2 survey, or both. 3 (3) Pursuant to and consistent with section 216.15, 4 subsection 5, the commission shall keep the records, materials, 5 and information related to or obtained through an inspection 6 carried out through an investigation or effort to resolve a 7 discriminatory or unfair practice confidential. 8 (4) If required by the commission pursuant to subparagraph 9 (2) of this paragraph “e” , an employer shall conduct all of the 10 following: 11 (a) An annual education and training program for all 12 employees that includes at a minimum all the information 13 outlined in this section. 14 (b) An annual education and training program for 15 supervisory and managerial employees that includes at a minimum 16 all the information outlined in subparagraph (2) of this 17 paragraph “e” , the specific responsibilities of supervisory 18 and managerial employees, and the actions that these employees 19 must take to ensure immediate and appropriate corrective action 20 taken in addressing sexual harassment complaints. 21 9. Upon timely application to the court in which an action 22 involving an issue raised under this section is pending, the 23 attorney general may intervene as a party at any time or may be 24 heard at any time. 25 10. The commission shall adopt rules pursuant to chapter 17A 26 to administer this section. 27 Sec. 2. Section 19B.12, subsection 4, Code 2019, is amended 28 to read as follows: 29 4. The department of administrative services for all state 30 agencies, and the state board of regents for its institutions, 31 shall adopt rules and appropriate internal, confidential 32 grievance procedures to implement this section , and shall 33 adopt procedures for determining violations of this section 34 and for ordering appropriate dispositions that may include, 35 -6- LSB 1375YH (2) 88 asf/jh 6/ 15

H.F. 110 but are not limited to, discharge, suspension, or reduction in 1 rank or grade as defined in section 8A.413, subsection 19 . An 2 accurate representation of all complaints of sexual harassment 3 shall be forwarded to the employee accused of harassment and 4 the supervisor of the complainant accompanied by a statement 5 indicating that retaliation is prohibited by section 216.11, 6 subsection 2. 7 Sec. 3. Section 216.2, subsection 15, Code 2019, is amended 8 to read as follows: 9 15. “Unfair practice” or “discriminatory practice” means 10 those practices specified as unfair or discriminatory in 11 sections 216.6 , 216.6A , 216.6B, 216.7 , 216.8 , 216.8A , 216.9 , 12 216.10 , 216.11 , and 216.11A . 13 Sec. 4. Section 216.15, subsection 1, Code 2019, is amended 14 to read as follows: 15 1. Any person claiming to be aggrieved by a discriminatory 16 or unfair practice may, in person or by an attorney, make, 17 sign, and file with send to the commission a verified , written 18 complaint which shall state the name and address of the person, 19 employer, employment agency, or labor organization alleged 20 to have committed the discriminatory or unfair practice of 21 which complained, shall set forth the particulars thereof, and 22 shall contain such other information as may be required by the 23 commission. The commission, a commissioner, or the attorney 24 general may in like manner make, sign, and file such complaint. 25 The complaint of the commission, commissioner, or attorney 26 general shall include a statement setting forth the prohibition 27 against retaliation pursuant to section 216.11, subsection 2. 28 Sec. 5. Section 216.15, subsection 3, paragraph a, Code 29 2019, is amended to read as follows: 30 a. After the filing submission of a verified complaint, a 31 true copy an accurate representation thereof shall be served 32 within twenty days on the person against whom the complaint 33 is filed submitted , except as provided in subsection 4 . 34 Additionally, with the complaint, a statement setting forth the 35 -7- LSB 1375YH (2) 88 asf/jh 7/ 15

H.F. 110 prohibition against retaliation pursuant to section 216.11, 1 subsection 2, shall be served. An authorized member of the 2 commission staff shall make a prompt investigation and shall 3 issue a recommendation to an administrative law judge employed 4 either by the commission or by the division of administrative 5 hearings created by section 10A.801 , who shall then issue a 6 determination of probable cause or no probable cause. 7 Sec. 6. ENHANCED REPORTING OF DISCRIMINATION AND SEXUAL 8 HARASSMENT. 9 1. On or before December 15, 2019, the Iowa civil rights 10 commission shall develop and implement enhanced mechanisms for 11 employees to submit complaints of discrimination and sexual 12 harassment in employment. 13 2. The methods shall include, at a minimum, an easy-to-use 14 portal on the Iowa civil rights commission’s website and a 15 telephone hotline. Each method shall provide a clear statement 16 that information submitted may be referred to the federal equal 17 employment opportunity commission or a local agency that has 18 jurisdiction over the complaint. 19 Sec. 7. PUBLIC EDUCATION AND OUTREACH. 20 1. On or before December 15, 2019, the Iowa civil rights 21 commission shall develop a public education and outreach 22 program that is designed to make Iowa employees and employers 23 aware of: 24 a. Methods for reporting employment discrimination and 25 sexual harassment. 26 b. Where to find information regarding the following: 27 (1) The laws related to employment discrimination and 28 sexual harassment. 29 (2) Best practices for preventing employment discrimination 30 and sexual harassment. 31 2. The program may include printed informational and 32 training materials and in-person seminars and workshops. 33 Sec. 8. REPORT BY THE IOWA CIVIL RIGHTS COMMISSION TO THE 34 GENERAL ASSEMBLY AND THE GOVERNOR. On or before January 15, 35 -8- LSB 1375YH (2) 88 asf/jh 8/ 15

H.F. 110 2020, the Iowa civil rights commission, in consultation with 1 the attorney general, shall submit to the general assembly and 2 the governor a report. The report shall include all of the 3 following: 4 1. Information regarding the implementation of the enhanced 5 reporting mechanisms for instances of employment discrimination 6 and sexual harassment, including all of the following: 7 a. A detailed description of how any existing reporting 8 mechanisms were enhanced and any new reporting mechanisms that 9 were implemented. 10 b. A summary of changes, if any, in the annual number 11 of complaints of employment discrimination and sexual 12 harassment received and the number of complaints resulting in 13 an investigation, settlement, or actions in courts in Iowa, 14 including state and federal courts, during calendar years 2019 15 and 2020 in comparison to calendar years 2017 and 2018. 16 c. The number of employees and other persons that reported 17 employment discrimination or sexual harassment to their 18 employer, supervisor, or the person for whom they were working 19 prior to making a complaint in comparison to the number that 20 did not, and the reasons that employees and other persons gave 21 for not reporting the discrimination or sexual harassment to 22 their employer, supervisor, or the person for whom they were 23 working prior to making a complaint. 24 d. Any suggestion for legislative action to enhance further 25 the reporting mechanisms or to reduce the amount of employment 26 discrimination and sexual harassment. 27 2. An examination of mechanisms to provide notice to the 28 Iowa civil rights commission of agreements to settle sexual 29 harassment claims that contain a nondisclosure provision and 30 mechanisms to render provisions of agreements to settle sexual 31 harassment claims that include nondisclosure agreements void 32 and nonenforceable if, in relation to a separate claim, the 33 alleged harasser is later found by a court or tribunal of 34 competent jurisdiction to have engaged in sexual harassment or 35 -9- LSB 1375YH (2) 88 asf/jh 9/ 15

H.F. 110 retaliation in relation to a claim of sexual harassment. The 1 report shall also identify mechanisms, including legal issues, 2 advantages, and disadvantages, to accomplish potential changes 3 described in subsection 2, and review and examine laws and 4 pending legislation in other states that are related to this 5 subsection 2. 6 Sec. 9. MODEL POLICY AND POSTER BY THE IOWA CIVIL RIGHTS 7 COMMISSION. On or before September 15, 2019, the Iowa civil 8 rights commission shall create the model policy and model 9 poster required pursuant to section 216.6B, subsection 5, to 10 reflect the provisions of this Act. 11 Sec. 10. IMPLEMENTATION OF ACT. Section 25B.2, subsection 12 3, shall not apply to this Act. 13 Sec. 11. CONTINGENT EFFECTIVE DATE. The following take 14 effect upon the Iowa civil rights commission’s creation 15 pursuant to section 216.6B, subsection 5, of the model policy 16 and model poster: 17 1. The provisions of this Act enacting section 216.6B, 18 subsections 3 and 4. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill relates to sexual harassment in employment. 23 NEW CODE SECTION 216.6B. The bill creates new Code section 24 216.6B (additional unfair or discriminatory practice —— sexual 25 harassment in employment) in the Iowa civil rights Act. The 26 bill defines sexual harassment similarly to Code chapter 19B. 27 The bill requires that every employer adopt a written policy 28 against sexual harassment and prescribes what the policy 29 must include. The bill requires that the employer post the 30 policy in a prominent and accessible location in the workplace 31 and provide an individual written copy of the policy to all 32 employees. The bill requires that employers provide copies 33 of the written policies to employees upon hire and provides 34 written copies of updated policies to employees when changes 35 -10- LSB 1375YH (2) 88 asf/jh 10/ 15

H.F. 110 are made. These provisions of the bill are not effective until 1 the Iowa civil rights commission (commission) prepares and 2 provides to employers a model policy and model poster regarding 3 sexual harassment, which is a requirement of the bill. 4 The bill provides that an assertion that an individual did 5 not receive the information required to be provided by the bill 6 shall not result in the automatic liability of any employer 7 to any current or former employee or applicant in any action 8 alleging sexual harassment. The bill further provides that 9 an employer’s compliance with the notice requirements of the 10 bill does not preclude the employer from liability for sexual 11 harassment of any current or former employee or applicant. 12 The bill encourages employers and labor organizations to 13 conduct annual education and training programs on the topic of 14 sexual harassment. 15 The bill provides that an employer shall not require any 16 employee or prospective employee, as a condition of employment, 17 to sign an agreement or waiver that does any of the following: 18 (1) prohibits, prevents, or otherwise restricts the employee or 19 prospective employee from opposing, disclosing, reporting, or 20 participating in an investigation of sexual harassment, or (2) 21 except as otherwise permitted by state or federal law, purports 22 to waive a substantive or procedural right to remedy available 23 to the employee with respect to a claim of sexual harassment. 24 The bill sets forth what an agreement to settle a sexual 25 harassment claim shall state, including that it does not 26 waive any rights or claims that may arise after the date the 27 settlement agreement is executed and that it does not prohibit, 28 prevent, or otherwise restrict the individual who made the 29 claim from exercising enumerated rights. The bill provides 30 that an agreement to settle a sexual harassment claim that 31 violates such provisions is void and unenforceable against the 32 person who made the claim. 33 The bill provides that the commission, in order to assess 34 compliance with the provisions of this new Code section, 35 -11- LSB 1375YH (2) 88 asf/jh 11/ 15

H.F. 110 shall be able to, with 48 hours’ notice, at reasonable times 1 and without unduly disrupting business operations, enter and 2 inspect any place of employment, question any person who is 3 authorized by the employer to receive or investigate complaints 4 of sexual harassment, and examine an employer’s records, 5 policies, procedures, and training materials related to the 6 prevention of sexual harassment and the requirements of the 7 Code section. The bill requires the employer to at reasonable 8 times and without unduly disrupting business operations make 9 any persons who are authorized by the employer to receive or 10 investigate complaints of sexual harassment and any records, 11 policies, procedures, and training materials related to 12 the prevention of sexual harassment and the requirements of 13 the bill available to the commission or designee. The bill 14 provides that following such an inspection and examination, 15 the commission shall notify the employer of the results 16 of the inspection and examination, including any issues or 17 deficiencies identified, provide resources regarding practices 18 and procedures for the prevention of sexual harassment that 19 the employer may wish to adopt or utilize, and identify 20 any technical assistance that the commission may be able to 21 provide to help the employer address any identified issues 22 or deficiencies. The bill provides that if the commission 23 determines that it is necessary to ensure the employer’s 24 workplace is free from sexual harassment, the employer may be 25 required, for a period of up to three years, to provide an 26 annual education and training program that satisfies certain 27 requirements set forth in the bill to all employees or to 28 conduct an annual, anonymous working-climate survey, or both. 29 The bill provides that upon timely application to the court 30 in which an action involving an issue raised under Code section 31 216.6B is pending, the attorney general may intervene as a 32 party at any time or may be heard at any time. 33 OTHER CODE SECTIONS. The bill amends Code section 19B.12 to 34 include a requirement that all complaints of sexual harassment 35 -12- LSB 1375YH (2) 88 asf/jh 12/ 15

H.F. 110 shall be forwarded to the employee accused of harassment and 1 the supervisor of the complainant accompanied by a statement 2 indicating that retaliation is prohibited by Code section 3 216.11(2). 4 The bill amends the definition in Code section 216.2(15) of 5 “unfair practice” or “discriminatory practice” to also include 6 practices specified as unfair or discriminatory in new Code 7 section 216.6B. 8 The bill amends Code section 216.15 to eliminate the 9 requirement that a complaint of discrimination with the 10 Iowa civil rights commission be written. The bill also 11 amends that Code section to state that if the commission, 12 a commissioner, or the attorney general files a complaint, 13 the complaint shall include a statement setting forth the 14 prohibition against retaliation pursuant to Code section 15 216.11(2). The bill provides that rather than serving a true 16 copy of a verified complaint, the commission shall serve an 17 accurate representation of a verified complaint. Finally, 18 the bill amends that Code section to provide that after the 19 submission of a verified complaint, a statement setting forth 20 the prohibition against retaliation pursuant to Code section 21 216.11(2) shall be served on the person against whom the 22 complaint is filed, along with the complaint. 23 SESSION LAW. The bill provides that on or before December 24 15, 2019, the Iowa civil rights commission shall develop 25 and implement enhanced mechanisms for employees to submit 26 complaints of discrimination and sexual harassment in 27 employment. The bill provides that the methods shall include, 28 at a minimum, an easy-to-use portal on the Iowa civil rights 29 commission’s website and a telephone hotline. Each method 30 shall provide a clear statement that information submitted 31 may be referred to the federal equal employment opportunity 32 commission or a local agency that has jurisdiction over the 33 complaint. 34 The bill provides that on or before December 15, 2019, 35 -13- LSB 1375YH (2) 88 asf/jh 13/ 15

H.F. 110 the Iowa civil rights commission shall develop a public 1 education and outreach program that is designed to make 2 Iowa employees and employers aware of methods for reporting 3 employment discrimination and sexual harassment and where to 4 find information regarding the laws related to employment 5 discrimination and sexual harassment as well as best practices 6 for preventing employment discrimination and sexual harassment. 7 The bill provides that the program may include printed 8 informational and training materials and in-person seminars and 9 workshops. 10 The bill provides that on or before January 15, 2020, 11 the Iowa civil rights commission, in consultation with the 12 attorney general, shall submit to the general assembly and the 13 governor a report. The report shall contain two parts. The 14 first part of the report shall concern the implementation of 15 the enhanced reporting mechanisms for instances of employment 16 discrimination and sexual harassment. The bill provides 17 specific instructions for the report. The second part of 18 the report shall examine mechanisms to provide notice to the 19 Iowa civil rights commission of agreements to settle sexual 20 harassment claims that contain a nondisclosure provision and 21 examine mechanisms to render provisions of agreements to settle 22 sexual harassment claims that include nondisclosure agreements 23 void and nonenforceable if, in relation to a separate claim, 24 the alleged harasser is later found by a court or tribunal of 25 competent jurisdiction to have engaged in sexual harassment or 26 retaliation in relation to a claim of sexual harassment. The 27 bill provides instructions for the second part of the report. 28 The bill provides that on or before September 15, 2019, the 29 Iowa civil rights commission shall create the model policy and 30 model poster required pursuant to new Code section 216.6B(5) to 31 reflect the provisions of the bill. 32 The bill may include a state mandate as defined in Code 33 section 25B.3. The bill makes inapplicable Code section 25B.2, 34 subsection 3, which would relieve a political subdivision from 35 -14- LSB 1375YH (2) 88 asf/jh 14/ 15