HSB 67 (LSB 1922YC (2) 89)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT)

A BILL FOR

An Act providing that political ideology is a protected class under the Iowa civil rights Act of 1965.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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