H.F. 2234 DIVISION I 1 VACCINATION STATUS —— UNFAIR OR DISCRIMINATORY PRACTICE 2 Section 1. Section 216.2, Code 2022, is amended by adding 3 the following new subsection: 4 NEW SUBSECTION . 16. “Vaccination status” means the 5 vaccination status of an individual and an individual’s 6 decision to disclose or refuse to disclose the individual’s 7 vaccination status. 8 Sec. 2. Section 216.5, subsections 6 and 8, Code 2022, are 9 amended to read as follows: 10 6. To issue such publications and reports of investigations 11 and research as in the judgment of the commission shall tend 12 to promote goodwill among the various racial, religious, and 13 ethnic groups of the state and which shall tend to minimize or 14 eliminate discrimination in public accommodations, employment, 15 apprenticeship and on-the-job training programs, vocational 16 schools, career and technical education programs, or housing 17 because of race, creed, vaccination status, color, sex, sexual 18 orientation, gender identity, national origin, religion, 19 ancestry, or disability. 20 8. To make recommendations to the general assembly for such 21 further legislation concerning discrimination because of race, 22 creed, vaccination status, color, sex, sexual orientation, 23 gender identity, national origin, religion, ancestry, or 24 disability as it may deem necessary and desirable. 25 Sec. 3. Section 216.6, subsection 1, paragraphs a, b, and c, 26 Code 2022, are amended to read as follows: 27 a. Person to refuse to hire, accept, register, classify, 28 or refer for employment, to discharge any employee, or to 29 otherwise discriminate in employment against any applicant 30 for employment or any employee because of the age, race, 31 creed, vaccination status, color, sex, sexual orientation, 32 gender identity, national origin, religion, or disability of 33 such applicant or employee, unless based upon the nature of 34 the occupation. If a person with a disability is qualified 35 -1- LSB 5033YH (2) 89 pf/rh 1/ 8

H.F. 2234 to perform a particular occupation, by reason of training or 1 experience, the nature of that occupation shall not be the 2 basis for exception to the unfair or discriminatory practices 3 prohibited by this subsection . 4 b. Labor organization or the employees, agents, or members 5 thereof to refuse to admit to membership any applicant, to 6 expel any member, or to otherwise discriminate against any 7 applicant for membership or any member in the privileges, 8 rights, or benefits of such membership because of the 9 age, race, creed, vaccination status, color, sex, sexual 10 orientation, gender identity, national origin, religion, or 11 disability of such applicant or member. 12 c. Employer, employment agency, labor organization, or the 13 employees, agents, or members thereof to directly or indirectly 14 advertise or in any other manner indicate or publicize that 15 individuals of any particular age, race, creed, vaccination 16 status, color, sex, sexual orientation, gender identity, 17 national origin, religion, or disability are unwelcome, 18 objectionable, not acceptable, or not solicited for employment 19 or membership unless based on the nature of the occupation. 20 (1) If a person with a disability is qualified to perform a 21 particular occupation by reason of training or experience, the 22 nature of that occupation shall not be the basis for exception 23 to the unfair or discriminatory practices prohibited by this 24 subsection . 25 (2) An employer, employment agency, or their employees, 26 servants, or agents may offer employment or advertise for 27 employment to only persons with disabilities, when other 28 applicants have available to them other employment compatible 29 with their ability which would not be available to persons 30 with disabilities because of their disabilities. Any such 31 employment or offer of employment shall not discriminate among 32 persons with disabilities on the basis of race, color, creed, 33 vaccination status, sex, sexual orientation, gender identity, 34 or national origin. 35 -2- LSB 5033YH (2) 89 pf/rh 2/ 8

H.F. 2234 Sec. 4. Section 216.6A, subsection 1, paragraph a, 1 unnumbered paragraph 1, Code 2022, is amended to read as 2 follows: 3 The general assembly finds that the practice of 4 discriminating against any employee because of the age, race, 5 creed, vaccination status, color, sex, sexual orientation, 6 gender identity, national origin, religion, or disability 7 of such employee by paying wages to such employee at a rate 8 less than the rate paid to other employees does all of the 9 following: 10 Sec. 5. Section 216.6A, subsection 1, paragraph b, Code 11 2022, is amended to read as follows: 12 b. The general assembly declares that it is the policy 13 of this state to correct and, as rapidly as possible, to 14 eliminate, discriminatory wage practices based on age, race, 15 creed, vaccination status, color, sex, sexual orientation, 16 gender identity, national origin, religion, and disability. 17 Sec. 6. Section 216.6A, subsection 2, paragraph a, Code 18 2022, is amended to read as follows: 19 a. It shall be an unfair or discriminatory practice for any 20 employer or agent of any employer to discriminate against any 21 employee because of the age, race, creed, vaccination status, 22 color, sex, sexual orientation, gender identity, national 23 origin, religion, or disability of such employee by paying 24 wages to such employee at a rate less than the rate paid to 25 other employees who are employed within the same establishment 26 for equal work on jobs, the performance of which requires equal 27 skill, effort, and responsibility, and which are performed 28 under similar working conditions. An employer or agent of an 29 employer who is paying wages to an employee at a rate less than 30 the rate paid to other employees in violation of this section 31 shall not remedy the violation by reducing the wage rate of any 32 employee. 33 Sec. 7. Section 216.6A, subsection 3, paragraph d, Code 34 2022, is amended to read as follows: 35 -3- LSB 5033YH (2) 89 pf/rh 3/ 8

H.F. 2234 d. Pay differential is based on any other factor other than 1 the age, race, creed, vaccination status, color, sex, sexual 2 orientation, gender identity, national origin, religion, or 3 disability of such employee. 4 Sec. 8. Section 216.7, subsection 1, paragraphs a and b, 5 Code 2022, are amended to read as follows: 6 a. To refuse or deny to any person because of race, 7 creed, vaccination status, color, sex, sexual orientation, 8 gender identity, national origin, religion, or disability 9 the accommodations, advantages, facilities, services, or 10 privileges thereof, or otherwise to discriminate against any 11 person because of race, creed, vaccination status, color, sex, 12 sexual orientation, gender identity, national origin, religion, 13 or disability in the furnishing of such accommodations, 14 advantages, facilities, services, or privileges. 15 b. To directly or indirectly advertise or in any other 16 manner indicate or publicize that the patronage of persons of 17 any particular race, creed, vaccination status, color, sex, 18 sexual orientation, gender identity, national origin, religion, 19 or disability is unwelcome, objectionable, not acceptable, or 20 not solicited. 21 Sec. 9. Section 216.8, subsection 1, paragraphs a, b, c, and 22 d, Code 2022, are amended to read as follows: 23 a. To refuse to sell, rent, lease, assign, sublease, refuse 24 to negotiate, or to otherwise make unavailable, or deny any 25 real property or housing accommodation or part, portion, or 26 interest therein, to any person because of the race, color, 27 creed, vaccination status, sex, sexual orientation, gender 28 identity, religion, national origin, disability, or familial 29 status of such person. 30 b. To discriminate against any person because of the 31 person’s race, color, creed, vaccination status, sex, sexual 32 orientation, gender identity, religion, national origin, 33 disability, or familial status, in the terms, conditions, 34 or privileges of the sale, rental, lease assignment, or 35 -4- LSB 5033YH (2) 89 pf/rh 4/ 8

H.F. 2234 sublease of any real property or housing accommodation or any 1 part, portion, or interest in the real property or housing 2 accommodation or in the provision of services or facilities in 3 connection with the real property or housing accommodation. 4 c. To directly or indirectly advertise, or in any other 5 manner indicate or publicize that the purchase, rental, 6 lease, assignment, or sublease of any real property or housing 7 accommodation or any part, portion, or interest therein, by 8 persons of any particular race, color, creed, vaccination 9 status, sex, sexual orientation, gender identity, religion, 10 national origin, disability, or familial status is unwelcome, 11 objectionable, not acceptable, or not solicited. 12 d. To discriminate against the lessee or purchaser of any 13 real property or housing accommodation or part, portion, or 14 interest of the real property or housing accommodation, or 15 against any prospective lessee or purchaser of the property or 16 accommodation, because of the race, color, creed, vaccination 17 status, religion, sex, sexual orientation, gender identity, 18 disability, age, or national origin of persons who may from 19 time to time be present in or on the lessee’s or owner’s 20 premises for lawful purposes at the invitation of the lessee 21 or owner as friends, guests, visitors, relatives, or in any 22 similar capacity. 23 Sec. 10. Section 216.8A, subsections 1, 2, and 5, Code 2022, 24 are amended to read as follows: 25 1. A person shall not induce or attempt to induce another 26 person to sell or rent a dwelling by representations regarding 27 the entry or prospective entry into a neighborhood of a person 28 of a particular race, color, creed, vaccination status, sex, 29 sexual orientation, gender identity, religion, national origin, 30 disability, or familial status. 31 2. A person shall not represent to a person of a 32 particular race, color, creed, vaccination status, sex, sexual 33 orientation, gender identity, religion, national origin, 34 disability, or familial status that a dwelling is not available 35 -5- LSB 5033YH (2) 89 pf/rh 5/ 8

H.F. 2234 for inspection, sale, or rental when the dwelling is available 1 for inspection, sale, or rental. 2 5. A person shall not deny another person access to, 3 or membership or participation in, a multiple-listing 4 service, real estate brokers’ organization or other service, 5 organization, or facility relating to the business of selling 6 or renting dwellings, or discriminate against a person in terms 7 or conditions of access, membership, or participation in such 8 organization because of race, color, creed, vaccination status, 9 sex, sexual orientation, gender identity, religion, national 10 origin, disability, or familial status. 11 Sec. 11. Section 216.8A, subsection 4, paragraph a, Code 12 2022, is amended to read as follows: 13 a. A person whose business includes engaging in residential 14 real estate related transactions shall not discriminate 15 against a person in making a residential real estate 16 related transaction available or in terms or conditions of a 17 residential real estate related transaction because of race, 18 color, creed, vaccination status, sex, sexual orientation, 19 gender identity, religion, national origin, disability, or 20 familial status. 21 Sec. 12. Section 216.9, subsection 1, unnumbered paragraph 22 1, Code 2022, is amended to read as follows: 23 It is an unfair or discriminatory practice for any 24 educational institution to discriminate on the basis of race, 25 creed, vaccination status, color, sex, sexual orientation, 26 gender identity, national origin, religion, or disability in 27 any program or activity. Such discriminatory practices shall 28 include but not be limited to the following practices: 29 Sec. 13. Section 216.10, subsection 1, paragraphs a, b, and 30 c, Code 2022, are amended to read as follows: 31 a. Creditor to refuse to enter into a consumer credit 32 transaction or impose finance charges or other terms or 33 conditions more onerous than those regularly extended by that 34 creditor to consumers of similar economic backgrounds because 35 -6- LSB 5033YH (2) 89 pf/rh 6/ 8

H.F. 2234 of age, color, creed, vaccination status, national origin, 1 race, religion, marital status, sex, sexual orientation, gender 2 identity, physical disability, or familial status. 3 b. Person authorized or licensed to do business in this 4 state pursuant to chapter 524 , 533 , 536 , or 536A to refuse to 5 loan or extend credit or to impose terms or conditions more 6 onerous than those regularly extended to persons of similar 7 economic backgrounds because of age, color, creed, vaccination 8 status, national origin, race, religion, marital status, sex, 9 sexual orientation, gender identity, physical disability, or 10 familial status. 11 c. Creditor to refuse to offer credit life or health 12 and accident insurance because of color, creed, vaccination 13 status, national origin, race, religion, marital status, age, 14 physical disability, sex, sexual orientation, gender identity, 15 or familial status. Refusal by a creditor to offer credit 16 life or health and accident insurance based upon the age or 17 physical disability of the consumer shall not be an unfair or 18 discriminatory practice if such denial is based solely upon 19 bona fide underwriting considerations not prohibited by Title 20 XIII, subtitle 1 . 21 Sec. 14. Section 216.12A, Code 2022, is amended to read as 22 follows: 23 216.12A Additional housing exception. 24 Sections 216.8 and 216.8A do not prohibit a person engaged 25 in the business of furnishing appraisals of real estate from 26 taking into consideration factors other than race, color, 27 creed, vaccination status, sex, sexual orientation, gender 28 identity, religion, national origin, disability, or familial 29 status in appraising real estate. 30 DIVISION II 31 VACCINATION INFORMATION —— MEDICAL RECORDS 32 Sec. 15. NEW SECTION . 135E.1 Vaccination information —— 33 medical records —— protected health information. 34 Unless otherwise specifically allowed by law, the 35 -7- LSB 5033YH (2) 89 pf/rh 7/ 8

H.F. 2234 vaccination information of a person shall only be maintained 1 in the person’s medical record as protected health information 2 subject to the federal Health Insurance Portability and 3 Accountability Act of 1996, Pub. L. No. 104-191. 4 DIVISION III 5 EFFECTIVE DATE 6 Sec. 16. EFFECTIVE DATE. This Act, being deemed of 7 immediate importance, takes effect upon enactment. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill relates to vaccination status and vaccination 12 records. 13 Division I of the bill prohibits unfair or discriminatory 14 practices on the basis of vaccination status under Code chapter 15 216 in regard to employment, accommodations or services, 16 housing, education, or credit. Remedial measures under Code 17 chapter 216 are applicable to such conduct. 18 The bill defines “vaccination status” as the vaccination 19 status of an individual and an individual’s decision to 20 disclose or refuse to disclose the individual’s vaccination 21 status. 22 Division II of the bill relates to the maintenance of a 23 person’s vaccination information, and provides that unless 24 otherwise specifically allowed by law, the vaccination 25 information of a person shall only be maintained in the 26 person’s medical record and treated as protected health 27 information under the federal Health Insurance Portability and 28 Accountability Act (HIPAA). 29 Division III provides that the Act takes effect upon 30 enactment. 31 -8- LSB 5033YH (2) 89 pf/rh 8/ 8