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 TLSB 1922YC (2) 89 cm/jh
H.F. _____ 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 -1- LSB 1922YC (2) 89 cm/jh 1/ 8
H.F. _____ 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 -2- LSB 1922YC (2) 89 cm/jh 2/ 8
H.F. _____ 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. 35 -3- LSB 1922YC (2) 89 cm/jh 3/ 8
H.F. _____ 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. 35 -4- LSB 1922YC (2) 89 cm/jh 4/ 8
H.F. _____ 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 -5- LSB 1922YC (2) 89 cm/jh 5/ 8
H.F. _____ 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 -6- LSB 1922YC (2) 89 cm/jh 6/ 8
H.F. _____ 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 -7- LSB 1922YC (2) 89 cm/jh 7/ 8
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 -8- LSB 1922YC (2) 89 cm/jh 8/ 8