S.F. 221 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 4 at a specific individual or group of individuals that a 5 reasonable person would interpret as 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 1956XS (5) 89 cm/jh 1/ 15

S.F. 221 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 in the employee’s preferred, 7 first, or native language. 8 4. a. An employer shall provide a copy of the employer’s 9 written policies to new employees when hired in the employee’s 10 preferred, first, or native language. 11 b. If an employer makes changes to its policy against sexual 12 harassment, the employer shall provide to all employees a 13 written copy of the updated policy in the employee’s preferred, 14 first, or native language. 15 5. The commission shall prepare and provide to employers a 16 model policy and a model poster, which may be used by employers 17 for the purposes of this section. 18 6. An assertion that an employee did not receive the 19 information required to be provided by this section shall 20 not result in the automatic liability of any employer to any 21 current or former employee or applicant in any action alleging 22 sexual harassment. An employer’s compliance with the notice 23 requirements of this section does not preclude the employer 24 from liability for sexual harassment of any current or former 25 employee or applicant. 26 7. a. Employers and labor organizations are encouraged to 27 conduct an education and training program for all new employees 28 and members that includes at a minimum all the information 29 outlined in this section within one year after commencement of 30 employment. 31 b. Employers and labor organizations are encouraged to 32 conduct an annual education and training program for all 33 employees and members that includes at a minimum all the 34 information outlined in this section. 35 -2- LSB 1956XS (5) 89 cm/jh 2/ 15

S.F. 221 c. Employers are encouraged to conduct additional training 1 for new supervisory and managerial employees and members within 2 one year after commencement of employment or membership, which 3 should include at a minimum the information outlined in this 4 section, the specific responsibilities of supervisory and 5 managerial employees, and the actions that these employees must 6 take to ensure immediate and appropriate corrective action in 7 addressing sexual harassment complaints. 8 d. Employers, labor organizations, and appropriate state 9 agencies are encouraged to cooperate in making this training 10 available. 11 8. In addition to the conditions described in section 12 216.11, subsection 2, a person shall also receive the 13 protections against retaliation described in section 216.11, 14 subsection 2, if the person reported the harassment or was 15 involved in the discipline or termination of employment of the 16 employee accused of harassment, even if such person does not 17 participate in the investigation of the harassment. 18 9. a. An employer shall not require any employee or 19 prospective employee, as a condition of employment, to sign an 20 agreement or waiver that does any of the following: 21 (1) Prohibits, prevents, or otherwise restricts the 22 employee or prospective employee from opposing, disclosing, 23 reporting, or participating in an investigation of sexual 24 harassment. 25 (2) Except as otherwise permitted by state or federal law, 26 purports to waive a substantive or procedural right or remedy 27 available to the employee with respect to a claim of sexual 28 harassment. 29 b. An agreement to settle a sexual harassment claim shall 30 expressly state all of the following: 31 (1) That the agreement does not prohibit, prevent, or 32 otherwise restrict the individual who made the claim from doing 33 any of the following: 34 (a) Lodging a complaint of sexual harassment committed by 35 -3- LSB 1956XS (5) 89 cm/jh 3/ 15

S.F. 221 any person with the commission, the federal equal employment 1 opportunity commission, or any other local, state, or federal 2 agency. 3 (b) Testifying, assisting, or participating in any manner 4 with an investigation related to a claim of sexual harassment 5 conducted by the commission, the federal equal employment 6 opportunity commission, or any other local, state, or federal 7 agency. 8 (c) Complying with a valid request for discovery in relation 9 to civil litigation or testifying in a hearing or trial 10 related to a claim of sexual harassment that is conducted by a 11 court, pursuant to an arbitration agreement, or before another 12 appropriate tribunal. 13 (d) Exercising any right the individual may have pursuant to 14 state or federal labor relations laws to engage in concerted 15 activities with other employees for the purposes of collective 16 bargaining or mutual aid and protection. 17 (e) (i) For the purposes of this subparagraph division, 18 “pursuing” means taking steps to file a criminal complaint 19 including but not limited to speaking with a peace officer 20 as defined in section 801.4 or a county attorney regarding 21 criminal harassment, filing a criminal complaint, or assisting 22 a peace officer or county attorney in the prosecution of a 23 criminal complaint. 24 (ii) Pursuing a criminal complaint. 25 (2) That the agreement does not waive any rights or claims 26 that may arise after the date the settlement agreement is 27 executed. 28 c. Any provision of an agreement to settle a sexual 29 harassment claim that violates paragraph “b” shall be void and 30 unenforceable against the individual who made the claim. 31 d. Nothing in subparagraph (2) of paragraph “b” shall be 32 construed to prevent an agreement to settle a sexual harassment 33 claim from waiving or releasing the claimant’s right to seek 34 or obtain any remedies relating to sexual harassment of the 35 -4- LSB 1956XS (5) 89 cm/jh 4/ 15

S.F. 221 claimant by another party to the agreement that occurred before 1 the date on which the agreement is executed. 2 e. (1) (a) (i) For the purpose of assessing compliance 3 with the provisions of this section, the commission may with 4 forty-eight hours’ notice, at reasonable times and without 5 unduly disrupting business operations, enter and inspect any 6 place of employment, question any person who is authorized by 7 the employer to receive or investigate complaints of sexual 8 harassment, and examine an employer’s records, policies, 9 procedures, and training materials related to the prevention of 10 sexual harassment and the requirements of this section. 11 (ii) An employer may agree to waive or shorten the 12 forty-eight-hour notice period. 13 (iii) As used in subparagraph subdivision (i), the term 14 “records” includes de-identified data regarding the number of 15 complaints of sexual harassment received and the resolution of 16 each complaint. 17 (b) The employer shall at reasonable times and without 18 unduly disrupting business operations make any persons who are 19 authorized by the employer to receive or investigate complaints 20 of sexual harassment and any records, policies, procedures, 21 and training materials related to the prevention of sexual 22 harassment and the requirements of this section available to 23 the commission or designee. 24 (2) Following an inspection and examination pursuant to 25 subparagraph division (a) of this paragraph “e” , the commission 26 shall notify the employer of the results of the inspection and 27 examination, including any issues or deficiencies identified, 28 provide resources regarding practices and procedures for the 29 prevention of sexual harassment that the employer may wish 30 to adopt or utilize, and identify any technical assistance 31 that the commission may be able to provide to help the 32 employer address any identified issues or deficiencies. If 33 the commission determines that it is necessary to ensure the 34 employer’s workplace is free from sexual harassment, the 35 -5- LSB 1956XS (5) 89 cm/jh 5/ 15

S.F. 221 employer may be required, for a period of up to three years, to 1 provide an annual education and training program that satisfies 2 the provisions of subparagraph (4) of this paragraph “e” to all 3 employees or to conduct an annual, anonymous working-climate 4 survey, or both. 5 (3) Pursuant to and consistent with section 216.15, 6 subsection 5, the commission shall keep the records, materials, 7 and information related to or obtained through an inspection 8 carried out through an investigation or effort to resolve a 9 discriminatory or unfair practice confidential. 10 (4) If required by the commission pursuant to subparagraph 11 (2) of this paragraph “e” , an employer shall conduct all of the 12 following: 13 (a) An annual education and training program for all 14 employees that includes at a minimum all the information 15 outlined in this section. 16 (b) An annual education and training program for 17 supervisory and managerial employees that includes at a minimum 18 all the information outlined in subparagraph (2) of this 19 paragraph “e” , the specific responsibilities of supervisory 20 and managerial employees, and the actions that these employees 21 must take to ensure immediate and appropriate corrective action 22 taken in addressing sexual harassment complaints. 23 10. The commission shall adopt rules pursuant to chapter 17A 24 to administer this section. 25 Sec. 2. Section 19B.12, subsection 4, Code 2021, is amended 26 to read as follows: 27 4. The department of administrative services for all state 28 agencies, and the state board of regents for its institutions, 29 shall adopt rules and appropriate internal, confidential 30 grievance procedures to implement this section , and shall 31 adopt procedures for determining violations of this section 32 and for ordering appropriate dispositions that may include, 33 but are not limited to, discharge, suspension, or reduction in 34 rank or grade as defined in section 8A.413, subsection 19 . An 35 -6- LSB 1956XS (5) 89 cm/jh 6/ 15

S.F. 221 accurate representation of all complaints of sexual harassment 1 shall be forwarded to the employee accused of harassment and 2 the supervisor of the complainant accompanied by a statement 3 indicating that retaliation is prohibited by section 216.11, 4 subsection 2. 5 Sec. 3. Section 216.2, subsection 15, Code 2021, is amended 6 to read as follows: 7 15. “Unfair practice” or “discriminatory practice” means 8 those practices specified as unfair or discriminatory in 9 sections 216.6 , 216.6A , 216.6B, 216.7 , 216.8 , 216.8A , 216.8B , 10 216.9 , 216.10 , 216.11 , and 216.11A . 11 Sec. 4. Section 216.15, subsection 1, Code 2021, is amended 12 to read as follows: 13 1. Any person claiming to be aggrieved by a discriminatory 14 or unfair practice may, in person or by an attorney, make, 15 sign, and file with send to the commission a verified , written 16 complaint which shall state the name and address of the person, 17 employer, employment agency, or labor organization alleged 18 to have committed the discriminatory or unfair practice of 19 which complained, shall set forth the particulars thereof, and 20 shall contain such other information as may be required by the 21 commission. The commission, a commissioner, or the attorney 22 general may in like manner make, sign, and file such complaint. 23 The complaint of the commission, commissioner, or attorney 24 general shall include a statement setting forth the prohibition 25 against retaliation pursuant to section 216.11, subsection 2. 26 Sec. 5. Section 216.15, subsection 3, paragraph a, Code 27 2021, is amended to read as follows: 28 a. After the filing submission of a verified complaint, a 29 true copy an accurate representation thereof shall be served 30 within twenty days on the person against whom the complaint 31 is filed submitted , except as provided in subsection 4 . 32 Additionally, with the complaint, a statement setting forth the 33 prohibition against retaliation pursuant to section 216.11, 34 subsection 2, shall be served. An authorized member of the 35 -7- LSB 1956XS (5) 89 cm/jh 7/ 15

S.F. 221 commission staff shall make a prompt investigation and shall 1 issue a recommendation to an administrative law judge employed 2 either by the commission or by the division of administrative 3 hearings created by section 10A.801 , who shall then issue a 4 determination of probable cause or no probable cause. 5 Sec. 6. ENHANCED REPORTING OF DISCRIMINATION AND SEXUAL 6 HARASSMENT. 7 1. On or before December 15, 2021, the Iowa civil rights 8 commission shall develop and implement enhanced mechanisms for 9 employees and members of the public to submit complaints of 10 discrimination and sexual harassment in employment or in the 11 course of a working relationship. 12 2. The methods shall include, at a minimum, an easy-to-use 13 portal on the Iowa civil rights commission’s website and a 14 telephone hotline. Each method shall provide a clear statement 15 that information submitted may be referred to the federal equal 16 employment opportunity commission or a local agency that has 17 jurisdiction over the complaint. 18 3. The Iowa civil rights commission will refer employees 19 experiencing sexual harassment, including those who have 20 experienced sexual assault, to appropriate support services. 21 Sec. 7. PUBLIC EDUCATION AND OUTREACH. 22 1. On or before December 15, 2021, the commission on the 23 status of women, in consultation with the Iowa civil rights 24 commission, shall develop a public education and outreach 25 program that is designed to make Iowa employees, employers, 26 businesses, and members of the public aware of: 27 a. Methods for reporting employment and work-related 28 discrimination and sexual harassment. 29 b. Where to find information regarding the following: 30 (1) The laws related to employment and work-related 31 discrimination and sexual harassment. 32 (2) Best practices for preventing employment and 33 work-related discrimination and sexual harassment. 34 c. Methods for preventing and addressing sexual harassment 35 -8- LSB 1956XS (5) 89 cm/jh 8/ 15

S.F. 221 in the workplace. 1 2. The program may include the following: 2 a. Public service announcements. 3 b. Print and electronic advertisements. 4 c. Web-based and electronic training materials. 5 d. Printed information and training materials. 6 e. Model educational programs and curricula. 7 f. In-person seminars and workshops. 8 Sec. 8. REPORT BY THE IOWA CIVIL RIGHTS COMMISSION TO THE 9 GENERAL ASSEMBLY, THE GOVERNOR, AND THE LEGISLATIVE SERVICES 10 AGENCY. On or before January 15, 2022, the Iowa civil rights 11 commission shall submit to the general assembly, the governor, 12 and the legislative services agency a report. The report 13 shall include information regarding the implementation of the 14 enhanced reporting mechanisms for instances of employment and 15 work-related discrimination and sexual harassment, including 16 all of the following: 17 1. A detailed description of how any existing reporting 18 mechanisms were enhanced and any new reporting mechanisms that 19 were implemented. 20 2. A summary of changes, if any, in the annual number 21 of complaints of employment and work-related discrimination 22 and sexual harassment received and the number of complaints 23 resulting in an investigation, settlement, or actions in courts 24 in Iowa, including state and federal courts, during calendar 25 years 2021 and 2022 in comparison to calendar years 2019 and 26 2020. 27 3. The number of employees and other persons that reported 28 employment or work-related discrimination or sexual harassment 29 to their employer, supervisor, or the person for whom they were 30 working prior to making a complaint in comparison to the number 31 that did not, and the reasons that employees and other persons 32 gave for not reporting the discrimination or sexual harassment 33 to their employer, supervisor, or the person for whom they were 34 working prior to making a complaint. 35 -9- LSB 1956XS (5) 89 cm/jh 9/ 15

S.F. 221 4. Any suggestion for legislative action to enhance further 1 the reporting mechanisms or to reduce the amount of employment 2 and work-related discrimination and sexual harassment. 3 Sec. 9. MODEL POLICY AND POSTER BY THE IOWA CIVIL RIGHTS 4 COMMISSION. On or before September 15, 2021, the Iowa civil 5 rights commission shall create the model policy and model 6 poster required pursuant to section 216.6B, subsection 5, to 7 reflect the provisions of this Act. 8 Sec. 10. IMPLEMENTATION OF ACT. Section 25B.2, subsection 9 3, shall not apply to this Act. 10 Sec. 11. CONTINGENT EFFECTIVE DATE. The following take 11 effect one month after the Iowa civil rights commission creates 12 and makes the model policy and model poster publicly available 13 pursuant to section 216.6B, subsection 5: 14 The provisions of this Act enacting section 216.6B, 15 subsections 3 and 4. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill relates to sexual harassment in employment and 20 working relationships. 21 NEW CODE SECTION 216.6B. The bill creates new Code section 22 216.6B (additional unfair or discriminatory practice —— sexual 23 harassment in employment) in the Iowa civil rights Act. The 24 bill defines sexual harassment similarly to Code section 25 19B.12, but does not include the enumerated circumstances that 26 are set forth as sexual harassment in that Code section. 27 The bill provides that all employers, employment agencies, 28 and labor organizations have an obligation to ensure a 29 workplace that is free from sexual harassment. Furthermore, 30 the bill provides that all persons who engage a person to 31 perform work or services have an obligation to ensure a 32 working relationship with that person that is free from sexual 33 harassment. 34 The bill requires that every employer adopt a written 35 -10- LSB 1956XS (5) 89 cm/jh 10/ 15

S.F. 221 policy against sexual harassment and prescribes what the 1 policy must include. The bill requires that the employer 2 post the policy in a prominent and accessible location in the 3 workplace and provide an individual written copy of the policy 4 to all employees in the employee’s preferred, first, or native 5 language. The bill requires that employers provide copies of 6 the written policies to employees in the employee’s preferred, 7 first, or native language upon hire and provides written 8 copies of updated policies to employees in the employee’s 9 preferred, first, or native language when changes are made. 10 These provisions of the bill are not effective until one month 11 after the Iowa civil rights commission (commission) prepares 12 and makes publicly available a model policy and model poster 13 regarding sexual harassment, which is a requirement of the 14 bill. 15 The bill provides that an assertion that an individual did 16 not receive the information required to be provided by the bill 17 shall not result in the automatic liability of any employer 18 to any current or former employee or applicant in any action 19 alleging sexual harassment. The bill further provides that 20 an employer’s compliance with the notice requirements of the 21 bill does not preclude the employer from liability for sexual 22 harassment of any current or former employee or applicant. 23 The bill encourages employers and labor organizations to 24 conduct annual education and training programs on the topic of 25 sexual harassment. 26 The bill provides that a person shall receive the 27 protections described in Code section 216.11(2) if the person 28 reported the harassment or was involved in the discipline 29 or termination of the employment of the employee accused of 30 harassment, even if the person does not participate in the 31 investigation of the harassment. 32 The bill provides that an employer shall not require any 33 employee or prospective employee, as a condition of employment, 34 to sign an agreement or waiver that does any of the following: 35 -11- LSB 1956XS (5) 89 cm/jh 11/ 15

S.F. 221 (1) prohibits, prevents, or otherwise restricts the employee or 1 prospective employee from opposing, disclosing, reporting, or 2 participating in an investigation of sexual harassment, or (2) 3 except as otherwise permitted by state or federal law, purports 4 to waive a substantive or procedural right to remedy available 5 to the employee with respect to a claim of sexual harassment. 6 The bill sets forth what an agreement to settle a sexual 7 harassment claim shall state, including that it does not 8 waive any rights or claims that may arise after the date the 9 settlement agreement is executed and that it does not prohibit, 10 prevent, or otherwise restrict the individual who made the 11 claim from exercising enumerated rights. The bill provides 12 that an agreement to settle a sexual harassment claim that 13 violates such provisions is void and unenforceable against the 14 person who made the claim. 15 The bill provides that the commission, in order to assess 16 compliance with the provisions of this new Code section, 17 shall be able to, with 48 hours’ notice, at reasonable times 18 and without unduly disrupting business operations, enter and 19 inspect any place of employment, question any person who is 20 authorized by the employer to receive or investigate complaints 21 of sexual harassment, and examine an employer’s records, 22 policies, procedures, and training materials related to the 23 prevention of sexual harassment and the requirements of the 24 Code section. The bill requires the employer to at reasonable 25 times and without unduly disrupting business operations make 26 any persons who are authorized by the employer to receive or 27 investigate complaints of sexual harassment and any records, 28 policies, procedures, and training materials related to 29 the prevention of sexual harassment and the requirements of 30 the bill available to the commission or designee. The bill 31 provides that following such an inspection and examination, 32 the commission shall notify the employer of the results 33 of the inspection and examination, including any issues or 34 deficiencies identified, provide resources regarding practices 35 -12- LSB 1956XS (5) 89 cm/jh 12/ 15

S.F. 221 and procedures for the prevention of sexual harassment that 1 the employer may wish to adopt or utilize, and identify 2 any technical assistance that the commission may be able to 3 provide to help the employer address any identified issues 4 or deficiencies. The bill provides that if the commission 5 determines that it is necessary to ensure the employer’s 6 workplace is free from sexual harassment, the employer may be 7 required, for a period of up to three years, to provide an 8 annual education and training program that satisfies certain 9 requirements set forth in the bill to all employees or to 10 conduct an annual, anonymous working-climate survey, or both. 11 OTHER CODE SECTIONS. The bill amends Code section 19B.12 to 12 include a requirement that all complaints of sexual harassment 13 shall be forwarded to the employee accused of harassment and 14 the supervisor of the complainant accompanied by a statement 15 indicating that retaliation is prohibited by Code section 16 216.11(2). 17 The bill amends the definition in Code section 216.2(15) of 18 “unfair practice” or “discriminatory practice” to also include 19 practices specified as unfair or discriminatory in new Code 20 section 216.6B. 21 The bill amends Code section 216.15 to eliminate the 22 requirement that a complaint of discrimination with the 23 Iowa civil rights commission be written. The bill also 24 amends that Code section to state that if the commission, 25 a commissioner, or the attorney general files a complaint, 26 the complaint shall include a statement setting forth the 27 prohibition against retaliation pursuant to Code section 28 216.11(2). The bill provides that rather than serving a true 29 copy of a verified complaint, the commission shall serve an 30 accurate representation of a verified complaint. Finally, 31 the bill amends that Code section to provide that after the 32 submission of a verified complaint, a statement setting forth 33 the prohibition against retaliation pursuant to Code section 34 216.11(2) shall be served on the person against whom the 35 -13- LSB 1956XS (5) 89 cm/jh 13/ 15

S.F. 221 complaint is filed, along with the complaint. 1 SESSION LAW. The bill provides that on or before December 2 15, 2021, the Iowa civil rights commission shall develop and 3 implement enhanced mechanisms for employees and members of 4 the public to submit complaints of discrimination and sexual 5 harassment in employment and in the course of a working 6 relationship. The bill provides that the methods shall 7 include, at a minimum, an easy-to-use portal on the Iowa 8 civil rights commission’s website and a telephone hotline. 9 Each method shall provide a clear statement that information 10 submitted may be referred to the federal equal employment 11 opportunity commission or a local agency that has jurisdiction 12 over the complaint. 13 The bill provides that on or before December 15, 2021, 14 the Iowa commission on the status of women, in consultation 15 with the Iowa civil rights commission, shall develop a public 16 education and outreach program that is designed to make Iowa 17 employees, employers, businesses, and members of the public 18 aware of methods for reporting employment and work-related 19 discrimination and sexual harassment and where to find 20 information regarding the laws related to employment and 21 work-related discrimination and sexual harassment, as well as 22 best practices for preventing employment discrimination and 23 sexual harassment, and methods for preventing employment and 24 work-related discrimination and sexual harassment. The bill 25 sets forth what the program may entail. The bill provides 26 that the Iowa civil rights commission will refer employees 27 experiencing sexual harassment, including those who have 28 experienced sexual assault, to appropriate support services. 29 The bill provides that on or before January 15, 2022, the 30 Iowa civil rights commission shall submit to the general 31 assembly, the governor, and the legislative services agency a 32 report. The report shall concern the implementation of the 33 enhanced reporting mechanisms for instances of employment and 34 work-related discrimination and sexual harassment. The bill 35 -14- LSB 1956XS (5) 89 cm/jh 14/ 15

S.F. 221 provides specific instructions for the report. 1 The bill provides that on or before September 15, 2021, the 2 Iowa civil rights commission shall create the model policy and 3 model poster required pursuant to new Code section 216.6B(5) to 4 reflect the provisions of the bill. 5 The bill may include a state mandate as defined in Code 6 section 25B.3. The bill makes inapplicable Code section 25B.2, 7 subsection 3, which would relieve a political subdivision from 8 complying with a state mandate if funding for the cost of 9 the state mandate is not provided or specified. Therefore, 10 political subdivisions are required to comply with any state 11 mandate included in the bill. 12 -15- LSB 1956XS (5) 89 cm/jh 15/ 15