House
Study
Bill
67
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOLT)
A
BILL
FOR
An
Act
providing
that
political
ideology
is
a
protected
class
1
under
the
Iowa
civil
rights
Act
of
1965.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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_____
Section
1.
Section
216.5,
subsections
6
and
8,
Code
2021,
1
are
amended
to
read
as
follows:
2
6.
To
issue
such
publications
and
reports
of
investigations
3
and
research
as
in
the
judgment
of
the
commission
shall
tend
4
to
promote
goodwill
among
the
various
racial,
religious,
and
5
ethnic
groups
of
the
state
and
which
shall
tend
to
minimize
or
6
eliminate
discrimination
in
public
accommodations,
employment,
7
apprenticeship
and
on-the-job
training
programs,
vocational
8
schools,
career
and
technical
education
programs,
or
housing
9
because
of
race,
creed,
color,
sex,
sexual
orientation,
gender
10
identity,
national
origin,
religion,
ancestry,
political
11
ideology,
or
disability.
12
8.
To
make
recommendations
to
the
general
assembly
for
13
such
further
legislation
concerning
discrimination
because
of
14
race,
creed,
color,
sex,
sexual
orientation,
gender
identity,
15
national
origin,
religion,
ancestry,
political
ideology,
or
16
disability
as
it
may
deem
necessary
and
desirable.
17
Sec.
2.
Section
216.6,
subsection
1,
paragraphs
a,
b,
and
c,
18
Code
2021,
are
amended
to
read
as
follows:
19
a.
Person
to
refuse
to
hire,
accept,
register,
classify,
20
or
refer
for
employment,
to
discharge
any
employee,
or
to
21
otherwise
discriminate
in
employment
against
any
applicant
for
22
employment
or
any
employee
because
of
the
age,
race,
creed,
23
color,
sex,
sexual
orientation,
gender
identity,
national
24
origin,
religion,
political
ideology,
or
disability
of
such
25
applicant
or
employee,
unless
based
upon
the
nature
of
the
26
occupation.
If
a
person
with
a
disability
is
qualified
to
27
perform
a
particular
occupation,
by
reason
of
training
or
28
experience,
the
nature
of
that
occupation
shall
not
be
the
29
basis
for
exception
to
the
unfair
or
discriminatory
practices
30
prohibited
by
this
subsection
.
31
b.
Labor
organization
or
the
employees,
agents,
or
members
32
thereof
to
refuse
to
admit
to
membership
any
applicant,
to
33
expel
any
member,
or
to
otherwise
discriminate
against
any
34
applicant
for
membership
or
any
member
in
the
privileges,
35
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rights,
or
benefits
of
such
membership
because
of
the
age,
1
race,
creed,
color,
sex,
sexual
orientation,
gender
identity,
2
national
origin,
religion,
political
ideology,
or
disability
of
3
such
applicant
or
member.
4
c.
Employer,
employment
agency,
labor
organization,
or
the
5
employees,
agents,
or
members
thereof
to
directly
or
indirectly
6
advertise
or
in
any
other
manner
indicate
or
publicize
that
7
individuals
of
any
particular
age,
race,
creed,
color,
sex,
8
sexual
orientation,
gender
identity,
national
origin,
religion,
9
political
ideology,
or
disability
are
unwelcome,
objectionable,
10
not
acceptable,
or
not
solicited
for
employment
or
membership
11
unless
based
on
the
nature
of
the
occupation.
12
(1)
If
a
person
with
a
disability
is
qualified
to
perform
a
13
particular
occupation
by
reason
of
training
or
experience,
the
14
nature
of
that
occupation
shall
not
be
the
basis
for
exception
15
to
the
unfair
or
discriminatory
practices
prohibited
by
this
16
subsection
.
17
(2)
An
employer,
employment
agency,
or
their
employees,
18
servants,
or
agents
may
offer
employment
or
advertise
for
19
employment
to
only
persons
with
disabilities,
when
other
20
applicants
have
available
to
them
other
employment
compatible
21
with
their
ability
which
would
not
be
available
to
persons
22
with
disabilities
because
of
their
disabilities.
Any
such
23
employment
or
offer
of
employment
shall
not
discriminate
among
24
persons
with
disabilities
on
the
basis
of
race,
color,
creed,
25
sex,
sexual
orientation,
gender
identity,
political
ideology,
26
or
national
origin.
27
Sec.
3.
Section
216.6A,
subsections
1,
2,
and
3,
Code
2021,
28
are
amended
to
read
as
follows:
29
1.
a.
The
general
assembly
finds
that
the
practice
of
30
discriminating
against
any
employee
because
of
the
age,
31
race,
creed,
color,
sex,
sexual
orientation,
gender
identity,
32
national
origin,
religion,
political
ideology,
or
disability
33
of
such
employee
by
paying
wages
to
such
employee
at
a
rate
34
less
than
the
rate
paid
to
other
employees
does
all
of
the
35
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following:
1
(1)
Unjustly
discriminates
against
the
person
receiving
the
2
lesser
rate.
3
(2)
Leads
to
low
employee
morale,
high
turnover,
and
4
frequent
labor
unrest.
5
(3)
Discourages
employees
paid
at
lesser
wage
rates
from
6
training
for
higher
level
jobs.
7
(4)
Curtails
employment
opportunities,
decreases
employees’
8
mobility,
and
increases
labor
costs.
9
(5)
Impairs
purchasing
power
and
threatens
the
maintenance
10
of
an
adequate
standard
of
living
by
such
employees
and
their
11
families.
12
(6)
Prevents
optimum
utilization
of
the
state’s
available
13
labor
resources.
14
(7)
Threatens
the
well-being
of
citizens
of
this
state
and
15
adversely
affects
the
general
welfare.
16
b.
The
general
assembly
declares
that
it
is
the
policy
17
of
this
state
to
correct
and,
as
rapidly
as
possible,
to
18
eliminate,
discriminatory
wage
practices
based
on
age,
race,
19
creed,
color,
sex,
sexual
orientation,
gender
identity,
20
national
origin,
religion,
political
ideology,
and
disability.
21
2.
a.
It
shall
be
an
unfair
or
discriminatory
practice
for
22
any
employer
or
agent
of
any
employer
to
discriminate
against
23
any
employee
because
of
the
age,
race,
creed,
color,
sex,
24
sexual
orientation,
gender
identity,
national
origin,
religion,
25
political
ideology,
or
disability
of
such
employee
by
paying
26
wages
to
such
employee
at
a
rate
less
than
the
rate
paid
to
27
other
employees
who
are
employed
within
the
same
establishment
28
for
equal
work
on
jobs,
the
performance
of
which
requires
equal
29
skill,
effort,
and
responsibility,
and
which
are
performed
30
under
similar
working
conditions.
An
employer
or
agent
of
an
31
employer
who
is
paying
wages
to
an
employee
at
a
rate
less
than
32
the
rate
paid
to
other
employees
in
violation
of
this
section
33
shall
not
remedy
the
violation
by
reducing
the
wage
rate
of
any
34
employee.
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b.
For
purposes
of
this
subsection
,
an
unfair
or
1
discriminatory
practice
occurs
when
a
discriminatory
pay
2
decision
or
other
practice
is
adopted,
when
an
individual
3
becomes
subject
to
a
discriminatory
pay
decision
or
other
4
practice,
or
when
an
individual
is
affected
by
application
of
a
5
discriminatory
pay
decision
or
other
practice,
including
each
6
time
wages,
benefits,
or
other
compensation
is
paid,
resulting
7
in
whole
or
in
part
from
such
a
decision
or
other
practice.
8
3.
It
shall
be
an
affirmative
defense
to
a
claim
arising
9
under
this
section
if
any
of
the
following
applies:
10
a.
Payment
of
wages
is
made
pursuant
to
a
seniority
system.
11
b.
Payment
of
wages
is
made
pursuant
to
a
merit
system.
12
c.
Payment
of
wages
is
made
pursuant
to
a
system
which
13
measures
earnings
by
quantity
or
quality
of
production.
14
d.
Pay
differential
is
based
on
any
other
factor
other
than
15
the
age,
race,
creed,
color,
sex,
sexual
orientation,
gender
16
identity,
national
origin,
religion,
political
ideology,
or
17
disability
of
such
employee.
18
Sec.
4.
Section
216.7,
subsection
1,
paragraphs
a
and
b,
19
Code
2021,
are
amended
to
read
as
follows:
20
a.
To
refuse
or
deny
to
any
person
because
of
race,
creed,
21
color,
sex,
sexual
orientation,
gender
identity,
national
22
origin,
religion,
political
ideology,
or
disability
the
23
accommodations,
advantages,
facilities,
services,
or
privileges
24
thereof,
or
otherwise
to
discriminate
against
any
person
25
because
of
race,
creed,
color,
sex,
sexual
orientation,
gender
26
identity,
national
origin,
religion,
political
ideology,
27
or
disability
in
the
furnishing
of
such
accommodations,
28
advantages,
facilities,
services,
or
privileges.
29
b.
To
directly
or
indirectly
advertise
or
in
any
other
30
manner
indicate
or
publicize
that
the
patronage
of
persons
of
31
any
particular
race,
creed,
color,
sex,
sexual
orientation,
32
gender
identity,
national
origin,
religion,
political
ideology,
33
or
disability
is
unwelcome,
objectionable,
not
acceptable,
or
34
not
solicited.
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Sec.
5.
Section
216.8,
subsection
1,
paragraphs
a,
b,
c,
and
1
d,
Code
2021,
are
amended
to
read
as
follows:
2
a.
To
refuse
to
sell,
rent,
lease,
assign,
sublease,
refuse
3
to
negotiate,
or
to
otherwise
make
unavailable,
or
deny
any
4
real
property
or
housing
accommodation
or
part,
portion,
or
5
interest
therein,
to
any
person
because
of
the
race,
color,
6
creed,
sex,
sexual
orientation,
gender
identity,
religion,
7
national
origin,
disability,
political
ideology,
or
familial
8
status
of
such
person.
9
b.
To
discriminate
against
any
person
because
of
the
10
person’s
race,
color,
creed,
sex,
sexual
orientation,
gender
11
identity,
religion,
national
origin,
disability,
political
12
ideology,
or
familial
status,
in
the
terms,
conditions,
13
or
privileges
of
the
sale,
rental,
lease
assignment,
or
14
sublease
of
any
real
property
or
housing
accommodation
or
any
15
part,
portion,
or
interest
in
the
real
property
or
housing
16
accommodation
or
in
the
provision
of
services
or
facilities
in
17
connection
with
the
real
property
or
housing
accommodation.
18
c.
To
directly
or
indirectly
advertise,
or
in
any
other
19
manner
indicate
or
publicize
that
the
purchase,
rental,
20
lease,
assignment,
or
sublease
of
any
real
property
or
21
housing
accommodation
or
any
part,
portion,
or
interest
22
therein,
by
persons
of
any
particular
race,
color,
creed,
23
sex,
sexual
orientation,
gender
identity,
religion,
national
24
origin,
disability,
political
ideology,
or
familial
status
is
25
unwelcome,
objectionable,
not
acceptable,
or
not
solicited.
26
d.
To
discriminate
against
the
lessee
or
purchaser
of
any
27
real
property
or
housing
accommodation
or
part,
portion,
or
28
interest
of
the
real
property
or
housing
accommodation,
or
29
against
any
prospective
lessee
or
purchaser
of
the
property
or
30
accommodation,
because
of
the
race,
color,
creed,
religion,
31
sex,
sexual
orientation,
gender
identity,
disability,
age,
32
political
ideology,
or
national
origin
of
persons
who
may
33
from
time
to
time
be
present
in
or
on
the
lessee’s
or
owner’s
34
premises
for
lawful
purposes
at
the
invitation
of
the
lessee
35
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or
owner
as
friends,
guests,
visitors,
relatives,
or
in
any
1
similar
capacity.
2
Sec.
6.
Section
216.8A,
subsections
1,
2,
4,
and
5,
Code
3
2021,
are
amended
to
read
as
follows:
4
1.
A
person
shall
not
induce
or
attempt
to
induce
another
5
person
to
sell
or
rent
a
dwelling
by
representations
regarding
6
the
entry
or
prospective
entry
into
a
neighborhood
of
a
person
7
of
a
particular
race,
color,
creed,
sex,
sexual
orientation,
8
gender
identity,
religion,
national
origin,
disability,
9
political
ideology,
or
familial
status.
10
2.
A
person
shall
not
represent
to
a
person
of
a
particular
11
race,
color,
creed,
sex,
sexual
orientation,
gender
identity,
12
religion,
national
origin,
disability,
political
ideology,
13
or
familial
status
that
a
dwelling
is
not
available
for
14
inspection,
sale,
or
rental
when
the
dwelling
is
available
for
15
inspection,
sale,
or
rental.
16
4.
a.
A
person
whose
business
includes
engaging
in
17
residential
real
estate
related
transactions
shall
not
18
discriminate
against
a
person
in
making
a
residential
real
19
estate
related
transaction
available
or
in
terms
or
conditions
20
of
a
residential
real
estate
related
transaction
because
of
21
race,
color,
creed,
sex,
sexual
orientation,
gender
identity,
22
religion,
national
origin,
disability,
political
ideology,
or
23
familial
status.
24
b.
For
the
purpose
of
this
subsection
,
“residential
real
25
estate
related
transaction”
means
any
of
the
following:
26
(1)
To
make
or
purchase
loans
or
provide
other
financial
27
assistance
to
purchase,
construct,
improve,
repair,
or
maintain
28
a
dwelling,
or
to
secure
residential
real
estate.
29
(2)
To
sell,
broker,
or
appraise
residential
real
estate.
30
5.
A
person
shall
not
deny
another
person
access
to,
31
or
membership
or
participation
in,
a
multiple-listing
32
service,
real
estate
brokers’
organization
or
other
service,
33
organization,
or
facility
relating
to
the
business
of
selling
34
or
renting
dwellings,
or
discriminate
against
a
person
in
35
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terms
or
conditions
of
access,
membership,
or
participation
in
1
such
organization
because
of
race,
color,
creed,
sex,
sexual
2
orientation,
gender
identity,
religion,
national
origin,
3
disability,
political
ideology,
or
familial
status.
4
Sec.
7.
Section
216.9,
subsection
1,
unnumbered
paragraph
5
1,
Code
2021,
is
amended
to
read
as
follows:
6
It
is
an
unfair
or
discriminatory
practice
for
any
7
educational
institution
to
discriminate
on
the
basis
of
8
race,
creed,
color,
sex,
sexual
orientation,
gender
identity,
9
national
origin,
religion,
political
ideology,
or
disability
in
10
any
program
or
activity.
Such
discriminatory
practices
shall
11
include
but
not
be
limited
to
the
following
practices:
12
Sec.
8.
Section
216.10,
subsection
1,
paragraphs
a,
b,
and
13
c,
Code
2021,
are
amended
to
read
as
follows:
14
a.
Creditor
to
refuse
to
enter
into
a
consumer
credit
15
transaction
or
impose
finance
charges
or
other
terms
or
16
conditions
more
onerous
than
those
regularly
extended
by
that
17
creditor
to
consumers
of
similar
economic
backgrounds
because
18
of
age,
color,
creed,
national
origin,
race,
religion,
marital
19
status,
sex,
sexual
orientation,
gender
identity,
physical
20
disability,
political
ideology,
or
familial
status.
21
b.
Person
authorized
or
licensed
to
do
business
in
this
22
state
pursuant
to
chapter
524
,
533
,
536
,
or
536A
to
refuse
23
to
loan
or
extend
credit
or
to
impose
terms
or
conditions
24
more
onerous
than
those
regularly
extended
to
persons
of
25
similar
economic
backgrounds
because
of
age,
color,
creed,
26
national
origin,
race,
religion,
marital
status,
sex,
sexual
27
orientation,
gender
identity,
physical
disability,
political
28
ideology,
or
familial
status.
29
c.
Creditor
to
refuse
to
offer
credit
life
or
health
and
30
accident
insurance
because
of
color,
creed,
national
origin,
31
race,
religion,
marital
status,
age,
physical
disability,
32
sex,
sexual
orientation,
gender
identity,
political
ideology,
33
or
familial
status.
Refusal
by
a
creditor
to
offer
credit
34
life
or
health
and
accident
insurance
based
upon
the
age
or
35
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H.F.
_____
physical
disability
of
the
consumer
shall
not
be
an
unfair
or
1
discriminatory
practice
if
such
denial
is
based
solely
upon
2
bona
fide
underwriting
considerations
not
prohibited
by
Title
3
XIII,
subtitle
1
.
4
Sec.
9.
Section
216.12A,
Code
2021,
is
amended
to
read
as
5
follows:
6
216.12A
Additional
housing
exception.
7
Sections
216.8
and
216.8A
do
not
prohibit
a
person
engaged
8
in
the
business
of
furnishing
appraisals
of
real
estate
from
9
taking
into
consideration
factors
other
than
race,
color,
10
creed,
sex,
sexual
orientation,
gender
identity,
religion,
11
national
origin,
disability,
political
ideology,
or
familial
12
status
in
appraising
real
estate.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
adds
political
ideology
as
a
protected
class
17
to
the
Iowa
civil
rights
Act
of
1965.
Under
current
law,
18
protected
classes
include
age,
race,
color,
creed,
sex,
sexual
19
orientation,
gender
identity,
religion,
national
origin,
20
disability,
marital
status,
and
familial
status.
21
The
Iowa
civil
rights
Act
prohibits
discrimination
in
22
employment,
wages,
public
accommodations,
housing,
education,
23
and
credit
practices
based
upon
certain
characteristics
of
a
24
person.
A
person
who
claims
to
be
aggrieved
by
an
unfair
or
25
discriminatory
practice
prohibited
by
the
Iowa
civil
rights
Act
26
may
file
a
complaint
with
the
Iowa
civil
rights
commission.
27
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