S.F. 483 Section 1. NEW SECTION . 216.6B Additional unfair or 1 discriminatory practice —— sexual harassment in employment. 2 1. 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 or otherwise 9 function normally within an institution responsible for a 10 person’s care, rehabilitation, education, or training. 11 2. a. All employers, employment agencies, and labor 12 organizations have an obligation to ensure a workplace that is 13 free from sexual harassment. 14 b. All persons who engage a person to perform work or 15 services have an obligation to ensure a working relationship 16 with that person that is free from sexual harassment. 17 3. Every employer shall: 18 a. Adopt a written policy against sexual harassment which 19 shall include all of the following: 20 (1) A statement that sexual harassment in the workplace is 21 unlawful. 22 (2) A statement that it is unlawful to retaliate against 23 an employee for filing a complaint of sexual harassment or for 24 cooperating in an investigation of sexual harassment. 25 (3) A description and examples of sexual harassment. 26 (4) A statement of the range of consequences for employees 27 who commit sexual harassment. 28 (5) If the employer has more than five employees, a 29 description of the process for filing internal complaints about 30 sexual harassment and the names, addresses, and telephone 31 numbers of the person or persons to whom complaints should be 32 made. 33 (6) The complaint process of the appropriate local, state, 34 and federal employment discrimination enforcement agencies, and 35 -1- LSB 1751XS (10) 88 asf/jh 1/ 14

S.F. 483 directions as to how to contact such agencies. 1 b. Post in a prominent and accessible location in the 2 workplace, a poster providing, at a minimum, the elements of 3 the employer's sexual harassment policy required by paragraph 4 “a” . 5 c. Provide to all employees a written copy of the employer's 6 policy against sexual harassment. 7 4. a. An employer shall provide a copy of the employer’s 8 written policies to new employees when hired. 9 b. If an employer makes changes to its policy against sexual 10 harassment, the employer shall provide to all employees a 11 written copy of the updated policy. 12 5. The commission shall prepare and provide to employers a 13 model policy and a model poster, which may be used by employers 14 for the purposes of this section. 15 6. An assertion that an employee did not receive the 16 information required to be provided by this section shall 17 not result in the automatic liability of any employer to any 18 current or former employee or applicant in any action alleging 19 sexual harassment. An employer’s compliance with the notice 20 requirements of this section does not preclude the employer 21 from liability for sexual harassment of any current or former 22 employee or applicant. 23 7. a. Employers and labor organizations are encouraged to 24 conduct an education and training program for all new employees 25 and members that includes at a minimum all the information 26 outlined in this section within one year after commencement of 27 employment. 28 b. Employers and labor organizations are encouraged to 29 conduct an annual education and training program for all 30 employees and members that includes at a minimum all the 31 information outlined in this section. 32 c. Employers are encouraged to conduct additional training 33 for new supervisory and managerial employees and members within 34 one year after commencement of employment or membership, which 35 -2- LSB 1751XS (10) 88 asf/jh 2/ 14

S.F. 483 should include at a minimum the information outlined in this 1 section, the specific responsibilities of supervisory and 2 managerial employees, and the actions that these employees must 3 take to ensure immediate and appropriate corrective action in 4 addressing sexual harassment complaints. 5 d. Employers, labor organizations, and appropriate state 6 agencies are encouraged to cooperate in making this training 7 available. 8 8. a. An employer shall not require any employee or 9 prospective employee, as a condition of employment, to sign an 10 agreement or waiver that does any of the following: 11 (1) Prohibits, prevents, or otherwise restricts the 12 employee or prospective employee from opposing, disclosing, 13 reporting, or participating in an investigation of sexual 14 harassment. 15 (2) Except as otherwise permitted by state or federal law, 16 purports to waive a substantive or procedural right or remedy 17 available to the employee with respect to a claim of sexual 18 harassment. 19 b. An agreement to settle a sexual harassment claim shall 20 expressly state all of the following: 21 (1) That the agreement does not prohibit, prevent, or 22 otherwise restrict the individual who made the claim from doing 23 any of the following: 24 (a) Lodging a complaint of sexual harassment committed by 25 any person with the commission, the federal equal employment 26 opportunity commission, or any other local, state, or federal 27 agency. 28 (b) Testifying, assisting, or participating in any manner 29 with an investigation related to a claim of sexual harassment 30 conducted by the commission, the federal equal employment 31 opportunity commission, or any other local, state, or federal 32 agency. 33 (c) Complying with a valid request for discovery in relation 34 to civil litigation or testifying in a hearing or trial 35 -3- LSB 1751XS (10) 88 asf/jh 3/ 14

S.F. 483 related to a claim of sexual harassment that is conducted by a 1 court, pursuant to an arbitration agreement, or before another 2 appropriate tribunal. 3 (d) Exercising any right the individual may have pursuant to 4 state or federal labor relations laws to engage in concerted 5 activities with other employees for the purposes of collective 6 bargaining or mutual aid and protection. 7 (e) (i) For the purposes of this subparagraph division, 8 “pursuing” means taking steps to file a criminal complaint 9 including but not limited to speaking with a peace officer 10 as defined in section 801.4 or a county attorney regarding 11 criminal harassment, filing a criminal complaint, or assisting 12 a peace officer or county attorney in the prosecution of a 13 criminal complaint. 14 (ii) Pursuing a criminal complaint. 15 (2) That the agreement does not waive any rights or claims 16 that may arise after the date the settlement agreement is 17 executed. 18 c. Any provision of an agreement to settle a sexual 19 harassment claim that violates paragraph “b” shall be void and 20 unenforceable against the individual who made the claim. 21 d. Nothing in subparagraph (2) of paragraph “b” shall be 22 construed to prevent an agreement to settle a sexual harassment 23 claim from waiving or releasing the claimant’s right to seek 24 or obtain any remedies relating to sexual harassment of the 25 claimant by another party to the agreement that occurred before 26 the date on which the agreement is executed. 27 e. (1) (a) (i) For the purpose of assessing compliance 28 with the provisions of this section, the commission may with 29 48 hours’ notice, at reasonable times and without unduly 30 disrupting business operations, enter and inspect any place 31 of employment, question any person who is authorized by 32 the employer to receive or investigate complaints of sexual 33 harassment, and examine an employer’s records, policies, 34 procedures, and training materials related to the prevention of 35 -4- LSB 1751XS (10) 88 asf/jh 4/ 14

S.F. 483 sexual harassment and the requirements of this section. 1 (ii) An employer may agree to waive or shorten the 48-hour 2 notice period. 3 (iii) As used in subparagraph subdivision (i), the term 4 “records” includes de-identified data regarding the number of 5 complaints of sexual harassment received and the resolution of 6 each complaint. 7 (b) The employer shall at reasonable times and without 8 unduly disrupting business operations make any persons who are 9 authorized by the employer to receive or investigate complaints 10 of sexual harassment and any records, policies, procedures, 11 and training materials related to the prevention of sexual 12 harassment and the requirements of this section available to 13 the commission or designee. 14 (2) Following an inspection and examination pursuant to 15 subparagraph division (a) of this paragraph “e” , the commission 16 shall notify the employer of the results of the inspection and 17 examination, including any issues or deficiencies identified, 18 provide resources regarding practices and procedures for the 19 prevention of sexual harassment that the employer may wish 20 to adopt or utilize, and identify any technical assistance 21 that the commission may be able to provide to help the 22 employer address any identified issues or deficiencies. If 23 the commission determines that it is necessary to ensure the 24 employer’s workplace is free from sexual harassment, the 25 employer may be required, for a period of up to three years, to 26 provide an annual education and training program that satisfies 27 the provisions of subparagraph (4) of this paragraph “e” to all 28 employees or to conduct an annual, anonymous working-climate 29 survey, or both. 30 (3) Pursuant to and consistent with section 216.15, 31 subsection 5, the commission shall keep the records, materials, 32 and information related to or obtained through an inspection 33 carried out through an investigation or effort to resolve a 34 discriminatory or unfair practice confidential. 35 -5- LSB 1751XS (10) 88 asf/jh 5/ 14

S.F. 483 (4) If required by the commission pursuant to subparagraph 1 (2) of this paragraph “e” , an employer shall conduct all of the 2 following: 3 (a) An annual education and training program for all 4 employees that includes at a minimum all the information 5 outlined in this section. 6 (b) An annual education and training program for 7 supervisory and managerial employees that includes at a minimum 8 all the information outlined in subparagraph (2) of this 9 paragraph “e” , the specific responsibilities of supervisory 10 and managerial employees, and the actions that these employees 11 must take to ensure immediate and appropriate corrective action 12 taken in addressing sexual harassment complaints. 13 9. The commission shall adopt rules pursuant to chapter 17A 14 to administer this section. 15 Sec. 2. Section 19B.12, subsection 4, Code 2019, is amended 16 to read as follows: 17 4. The department of administrative services for all state 18 agencies, and the state board of regents for its institutions, 19 shall adopt rules and appropriate internal, confidential 20 grievance procedures to implement this section , and shall 21 adopt procedures for determining violations of this section 22 and for ordering appropriate dispositions that may include, 23 but are not limited to, discharge, suspension, or reduction in 24 rank or grade as defined in section 8A.413, subsection 19 . An 25 accurate representation of all complaints of sexual harassment 26 shall be forwarded to the employee accused of harassment and 27 the supervisor of the complainant accompanied by a statement 28 indicating that retaliation is prohibited by section 216.11, 29 subsection 2. 30 Sec. 3. Section 216.2, subsection 15, Code 2019, is amended 31 to read as follows: 32 15. “Unfair practice” or “discriminatory practice” means 33 those practices specified as unfair or discriminatory in 34 sections 216.6 , 216.6A , 216.6B, 216.7 , 216.8 , 216.8A , 216.9 , 35 -6- LSB 1751XS (10) 88 asf/jh 6/ 14

S.F. 483 216.10 , 216.11 , and 216.11A . 1 Sec. 4. Section 216.15, subsection 1, Code 2019, is amended 2 to read as follows: 3 1. Any person claiming to be aggrieved by a discriminatory 4 or unfair practice may, in person or by an attorney, make, 5 sign, and file with send to the commission a verified , written 6 complaint which shall state the name and address of the person, 7 employer, employment agency, or labor organization alleged 8 to have committed the discriminatory or unfair practice of 9 which complained, shall set forth the particulars thereof, and 10 shall contain such other information as may be required by the 11 commission. The commission, a commissioner, or the attorney 12 general may in like manner make, sign, and file such complaint. 13 The complaint of the commission, commissioner, or attorney 14 general shall include a statement setting forth the prohibition 15 against retaliation pursuant to section 216.11, subsection 2. 16 Sec. 5. Section 216.15, subsection 3, paragraph a, Code 17 2019, is amended to read as follows: 18 a. After the filing submission of a verified complaint, a 19 true copy an accurate representation thereof shall be served 20 within twenty days on the person against whom the complaint 21 is filed submitted , except as provided in subsection 4 . 22 Additionally, with the complaint, a statement setting forth the 23 prohibition against retaliation pursuant to section 216.11, 24 subsection 2, shall be served. An authorized member of the 25 commission staff shall make a prompt investigation and shall 26 issue a recommendation to an administrative law judge employed 27 either by the commission or by the division of administrative 28 hearings created by section 10A.801 , who shall then issue a 29 determination of probable cause or no probable cause. 30 Sec. 6. ENHANCED REPORTING OF DISCRIMINATION AND SEXUAL 31 HARASSMENT. 32 1. On or before December 15, 2019, the Iowa civil rights 33 commission shall develop and implement enhanced mechanisms for 34 employees and members of the public to submit complaints of 35 -7- LSB 1751XS (10) 88 asf/jh 7/ 14

S.F. 483 discrimination and sexual harassment in employment or in the 1 course of a working relationship. 2 2. The methods shall include, at a minimum, an easy-to-use 3 portal on the Iowa civil rights commission’s website and a 4 telephone hotline. Each method shall provide a clear statement 5 that information submitted may be referred to the federal equal 6 employment opportunity commission or a local agency that has 7 jurisdiction over the complaint. 8 Sec. 7. PUBLIC EDUCATION AND OUTREACH. 9 1. On or before December 15, 2019, the commission on the 10 status of women, in consultation with the Iowa civil rights 11 commission, shall develop a public education and outreach 12 program that is designed to make Iowa employees, employers, 13 businesses, and members of the public aware of: 14 a. Methods for reporting employment and work-related 15 discrimination and sexual harassment. 16 b. Where to find information regarding the following: 17 (1) The laws related to employment and work-related 18 discrimination and sexual harassment. 19 (2) Best practices for preventing employment and 20 work-related discrimination and sexual harassment. 21 c. Methods for preventing and addressing sexual harassment 22 in the workplace. 23 2. The program may include the following: 24 a. Public service announcements. 25 b. Print and electronic advertisements. 26 c. Web-based and electronic training materials. 27 d. Printed information and training materials. 28 e. Model educational programs and curricula. 29 f. In-person seminars and workshops. 30 Sec. 8. REPORT BY THE IOWA CIVIL RIGHTS COMMISSION TO THE 31 GENERAL ASSEMBLY, THE GOVERNOR, AND THE LEGISLATIVE SERVICES 32 AGENCY. On or before January 15, 2020, the Iowa civil rights 33 commission shall submit to the general assembly, the governor, 34 and the legislative services agency a report. The report 35 -8- LSB 1751XS (10) 88 asf/jh 8/ 14

S.F. 483 shall include information regarding the implementation of the 1 enhanced reporting mechanisms for instances of employment and 2 work-related discrimination and sexual harassment, including 3 all of the following: 4 1. A detailed description of how any existing reporting 5 mechanisms were enhanced and any new reporting mechanisms that 6 were implemented. 7 2. A summary of changes, if any, in the annual number 8 of complaints of employment and work-related discrimination 9 and sexual harassment received and the number of complaints 10 resulting in an investigation, settlement, or actions in courts 11 in Iowa, including state and federal courts, during calendar 12 years 2019 and 2020 in comparison to calendar years 2017 and 13 2018. 14 3. The number of employees and other persons that reported 15 employment or work-related discrimination or sexual harassment 16 to their employer, supervisor, or the person for whom they were 17 working prior to making a complaint in comparison to the number 18 that did not, and the reasons that employees and other persons 19 gave for not reporting the discrimination or sexual harassment 20 to their employer, supervisor, or the person for whom they were 21 working prior to making a complaint. 22 4. Any suggestion for legislative action to enhance further 23 the reporting mechanisms or to reduce the amount of employment 24 and work-related discrimination and sexual harassment. 25 Sec. 9. MODEL POLICY AND POSTER BY THE IOWA CIVIL RIGHTS 26 COMMISSION. On or before September 15, 2019, the Iowa civil 27 rights commission shall create the model policy and model 28 poster required pursuant to section 216.6B, subsection 5, to 29 reflect the provisions of this Act. 30 Sec. 10. IMPLEMENTATION OF ACT. Section 25B.2, subsection 31 3, shall not apply to this Act. 32 Sec. 11. CONTINGENT EFFECTIVE DATE. The following take 33 effect one month after the Iowa civil rights commission creates 34 and makes the model policy and model poster publicly available 35 -9- LSB 1751XS (10) 88 asf/jh 9/ 14

S.F. 483 pursuant to section 216.6B, subsection 5: 1 The provisions of this Act enacting section 216.6B, 2 subsections 3 and 4. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill relates to sexual harassment in employment and 7 working relationships. 8 NEW CODE SECTION 216.6B. The bill creates new Code section 9 216.6B (additional unfair or discriminatory practice —— sexual 10 harassment in employment) in the Iowa civil rights Act. The 11 bill defines sexual harassment similarly to Code section 12 19B.12, but does not include the enumerated circumstances that 13 are set forth as sexual harassment in that Code section. 14 The bill provides that all employers, employment agencies, 15 and labor organizations have an obligation to ensure a 16 workplace that is free from sexual harassment. Furthermore, 17 the bill provides that all persons who engage a person to 18 perform work or services have an obligation to ensure a 19 working relationship with that person that is free from sexual 20 harassment. 21 The bill requires that every employer adopt a written policy 22 against sexual harassment and prescribes what the policy 23 must include. The bill requires that the employer post the 24 policy in a prominent and accessible location in the workplace 25 and provide an individual written copy of the policy to all 26 employees. The bill requires that employers provide copies 27 of the written policies to employees upon hire and provides 28 written copies of updated policies to employees when changes 29 are made. These provisions of the bill are not effective until 30 one month after the Iowa civil rights commission (commission) 31 prepares and makes publicly available a model policy and model 32 poster regarding sexual harassment, which is a requirement of 33 the bill. 34 The bill provides that an assertion that an individual did 35 -10- LSB 1751XS (10) 88 asf/jh 10/ 14

S.F. 483 not receive the information required to be provided by the bill 1 shall not result in the automatic liability of any employer 2 to any current or former employee or applicant in any action 3 alleging sexual harassment. The bill further provides that 4 an employer’s compliance with the notice requirements of the 5 bill does not preclude the employer from liability for sexual 6 harassment of any current or former employee or applicant. 7 The bill encourages employers and labor organizations to 8 conduct annual education and training programs on the topic of 9 sexual harassment. 10 The bill provides that an employer shall not require any 11 employee or prospective employee, as a condition of employment, 12 to sign an agreement or waiver that does any of the following: 13 (1) prohibits, prevents, or otherwise restricts the employee or 14 prospective employee from opposing, disclosing, reporting, or 15 participating in an investigation of sexual harassment, or (2) 16 except as otherwise permitted by state or federal law, purports 17 to waive a substantive or procedural right to remedy available 18 to the employee with respect to a claim of sexual harassment. 19 The bill sets forth what an agreement to settle a sexual 20 harassment claim shall state, including that it does not 21 waive any rights or claims that may arise after the date the 22 settlement agreement is executed and that it does not prohibit, 23 prevent, or otherwise restrict the individual who made the 24 claim from exercising enumerated rights. The bill provides 25 that an agreement to settle a sexual harassment claim that 26 violates such provisions is void and unenforceable against the 27 person who made the claim. 28 The bill provides that the commission, in order to assess 29 compliance with the provisions of this new Code section, 30 shall be able to, with 48 hours’ notice, at reasonable times 31 and without unduly disrupting business operations, enter and 32 inspect any place of employment, question any person who is 33 authorized by the employer to receive or investigate complaints 34 of sexual harassment, and examine an employer’s records, 35 -11- LSB 1751XS (10) 88 asf/jh 11/ 14

S.F. 483 policies, procedures, and training materials related to the 1 prevention of sexual harassment and the requirements of the 2 Code section. The bill requires the employer to at reasonable 3 times and without unduly disrupting business operations make 4 any persons who are authorized by the employer to receive or 5 investigate complaints of sexual harassment and any records, 6 policies, procedures, and training materials related to 7 the prevention of sexual harassment and the requirements of 8 the bill available to the commission or designee. The bill 9 provides that following such an inspection and examination, 10 the commission shall notify the employer of the results 11 of the inspection and examination, including any issues or 12 deficiencies identified, provide resources regarding practices 13 and procedures for the prevention of sexual harassment that 14 the employer may wish to adopt or utilize, and identify 15 any technical assistance that the commission may be able to 16 provide to help the employer address any identified issues 17 or deficiencies. The bill provides that if the commission 18 determines that it is necessary to ensure the employer’s 19 workplace is free from sexual harassment, the employer may be 20 required, for a period of up to three years, to provide an 21 annual education and training program that satisfies certain 22 requirements set forth in the bill to all employees or to 23 conduct an annual, anonymous working-climate survey, or both. 24 OTHER CODE SECTIONS. The bill amends Code section 19B.12 to 25 include a requirement that all complaints of sexual harassment 26 shall be forwarded to the employee accused of harassment and 27 the supervisor of the complainant accompanied by a statement 28 indicating that retaliation is prohibited by Code section 29 216.11(2). 30 The bill amends the definition in Code section 216.2(15) of 31 “unfair practice” or “discriminatory practice” to also include 32 practices specified as unfair or discriminatory in new Code 33 section 216.6B. 34 The bill amends Code section 216.15 to eliminate the 35 -12- LSB 1751XS (10) 88 asf/jh 12/ 14

S.F. 483 requirement that a complaint of discrimination with the 1 Iowa civil rights commission be written. The bill also 2 amends that Code section to state that if the commission, 3 a commissioner, or the attorney general files a complaint, 4 the complaint shall include a statement setting forth the 5 prohibition against retaliation pursuant to Code section 6 216.11(2). The bill provides that rather than serving a true 7 copy of a verified complaint, the commission shall serve an 8 accurate representation of a verified complaint. Finally, 9 the bill amends that Code section to provide that after the 10 submission of a verified complaint, a statement setting forth 11 the prohibition against retaliation pursuant to Code section 12 216.11(2) shall be served on the person against whom the 13 complaint is filed, along with the complaint. 14 SESSION LAW. The bill provides that on or before December 15 15, 2019, the Iowa civil rights commission shall develop and 16 implement enhanced mechanisms for employees and members of 17 the public to submit complaints of discrimination and sexual 18 harassment in employment and in the course of a working 19 relationship. The bill provides that the methods shall 20 include, at a minimum, an easy-to-use portal on the Iowa 21 civil rights commission’s website and a telephone hotline. 22 Each method shall provide a clear statement that information 23 submitted may be referred to the federal equal employment 24 opportunity commission or a local agency that has jurisdiction 25 over the complaint. 26 The bill provides that on or before December 15, 2019, 27 the Iowa commission on the status of women, in consultation 28 with the Iowa civil rights commission, shall develop a public 29 education and outreach program that is designed to make Iowa 30 employees, employers, businesses, and members of the public 31 aware of methods for reporting employment and work-related 32 discrimination and sexual harassment and where to find 33 information regarding the laws related to employment and 34 work-related discrimination and sexual harassment, as well as 35 -13- LSB 1751XS (10) 88 asf/jh 13/ 14

S.F. 483 best practices for preventing employment discrimination and 1 sexual harassment, and methods for preventing employment and 2 work-related discrimination and sexual harassment. The bill 3 sets forth what the program may entail. 4 The bill provides that on or before January 15, 2020, the 5 Iowa civil rights commission shall submit to the general 6 assembly, the governor, and the legislative services agency a 7 report. The report shall concern the implementation of the 8 enhanced reporting mechanisms for instances of employment and 9 work-related discrimination and sexual harassment. The bill 10 provides specific instructions for the report. 11 The bill provides that on or before September 15, 2019, the 12 Iowa civil rights commission shall create the model policy and 13 model poster required pursuant to new Code section 216.6B(5) to 14 reflect the provisions of the bill. 15 The bill may include a state mandate as defined in Code 16 section 25B.3. The bill makes inapplicable Code section 25B.2, 17 subsection 3, which would relieve a political subdivision from 18 complying with a state mandate if funding for the cost of 19 the state mandate is not provided or specified. Therefore, 20 political subdivisions are required to comply with any state 21 mandate included in the bill. 22 -14- LSB 1751XS (10) 88 asf/jh 14/ 14