Senate File 485 - Introduced SENATE FILE 485 BY COMMITTEE ON LABOR AND BUSINESS RELATIONS (SUCCESSOR TO SSB 1029) A BILL FOR An Act requiring employers to provide reasonable accommodations 1 to employees based on pregnancy or childbirth and providing 2 civil penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1744SV (3) 89 cm/rn

S.F. 485 Section 1. Section 84A.5, subsection 4, Code 2021, is 1 amended to read as follows: 2 4. The division of labor services is responsible for the 3 administration of the laws of this state under chapters 88 , 4 88A , 88B , 89 , 89A , 89B , 90A , 91 , 91A , 91C , 91D , 91E , 91F, 92 , 5 and 94A , and sections 73A.21 and 85.68 . The executive head of 6 the division is the labor commissioner, appointed pursuant to 7 section 91.2 . 8 Sec. 2. Section 91.4, subsection 2, Code 2021, is amended 9 to read as follows: 10 2. The director of the department of workforce development, 11 in consultation with the labor commissioner, shall, at the 12 time provided by law, make an annual report to the governor 13 setting forth in appropriate form the business and expense of 14 the division of labor services for the preceding year, the 15 number of remedial actions taken under chapter 89A , the number 16 of disputes or violations processed by the division and the 17 disposition of the disputes or violations, and other matters 18 pertaining to the division which are of public interest, 19 together with recommendations for change or amendment of the 20 laws in this chapter and chapters 88 , 88A , 88B , 89 , 89A , 89B , 21 90A , 91A , 91C , 91D , 91E , 91F, 92 , and 94A , and section 85.68 , 22 and the recommendations, if any, shall be transmitted by the 23 governor to the first general assembly in session after the 24 report is filed. 25 Sec. 3. NEW SECTION . 91F.1 Reasonable accommodations to 26 employees —— pregnancy or childbirth. 27 1. An employer shall provide reasonable accommodations 28 to an employee based on medical conditions related to the 29 employee’s pregnancy or childbirth if the employee so requests 30 with the advice of the employee’s health care provider. 31 2. For purposes of this section, “reasonable accommodations” 32 means actions which would permit an employee with a medical 33 condition relating to the employee’s pregnancy or childbirth to 34 perform in a reasonable manner the activities involved in the 35 -1- LSB 1744SV (3) 89 cm/rn 1/ 3

S.F. 485 employee’s specific occupation and include but are not limited 1 to the provision of an accessible worksite, acquisition or 2 modification of equipment, job restructuring, and a modified 3 work schedule. “Reasonable accommodations” does not mean any 4 action that would impose an undue hardship on the business of 5 the employer from whom the action is requested. 6 Sec. 4. NEW SECTION . 91F.2 Penalties. 7 1. An employer who violates section 91F.1 is subject to a 8 civil penalty of up to seven hundred fifty dollars. 9 Sec. 5. NEW SECTION . 91F.3 Duties and authority of the 10 commissioner. 11 1. The commissioner shall adopt rules to implement and 12 enforce this chapter and shall provide exemptions from the 13 provisions of this chapter where reasonable. 14 2. In order to carry out the purposes of this chapter, 15 the commissioner or the commissioner’s representative, upon 16 presenting appropriate credentials to the owner, operator, or 17 agent in charge, may: 18 a. Inspect employment records relating to the total number 19 of employees and pregnant employees or employees recovering 20 from childbirth, and the services provided to pregnant 21 employees or employees recovering from childbirth. 22 b. Interview an employer, owner, operator, agent, or 23 employee, during working hours or at other reasonable times. 24 Sec. 6. NEW SECTION . 91F.4 Collective bargaining 25 agreements. 26 Compliance with the minimum standards required in this 27 chapter shall not be subject to or considered in collective 28 bargaining. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill requires employers to provide reasonable 33 accommodations to employees based on pregnancy or childbirth. 34 The bill requires an employer to provide reasonable 35 -2- LSB 1744SV (3) 89 cm/rn 2/ 3

S.F. 485 accommodations to an employee based on medical conditions 1 related to the employee’s pregnancy or childbirth if the 2 employee requests reasonable accommodations with the advice of 3 the employee’s health care provider. 4 The bill defines “reasonable accommodations” as actions 5 which would permit an employee with a medical condition 6 relating to the employee’s pregnancy or childbirth to 7 perform in a reasonable manner the activities involved in 8 the employee’s specific occupation and include but are not 9 limited to the provision of an accessible worksite, acquisition 10 or modification of equipment, job restructuring, and a 11 modified work schedule. The bill provides that “reasonable 12 accommodations” does not mean any action that would impose an 13 undue hardship on the business of the employer from whom the 14 action is requested. 15 The bill provides that an employer who violates the bill is 16 subject to a civil penalty of up to $750. The commissioner 17 shall adopt rules to enforce the bill and provide exemptions 18 where reasonable. The commissioner or commissioner’s 19 representative upon presenting appropriate credentials to 20 the person in charge may inspect employment records relating 21 to the total number of employees and pregnant employees or 22 employees recovering from childbirth and the services provided 23 to pregnant employees or employees recovering from childbirth, 24 as well as interview an employer, operator, owner, agent, or 25 employee during working hours or at other reasonable times. 26 The bill provides that compliance with minimum standards 27 required by the bill shall not be subject to or considered in 28 collective bargaining. 29 -3- LSB 1744SV (3) 89 cm/rn 3/ 3