H.F. 190 Section 1. Section 216.2, subsection 10, Code 2023, is 1 amended by striking the subsection. 2 Sec. 2. Section 216.2, Code 2023, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 13A. “Sex” means a person’s biological 5 sex as either female or male. The sex listed on a person’s 6 official birth certificate or certificate issued upon adoption 7 may be relied upon if the certificate was issued at or near the 8 time of the person’s birth. 9 Sec. 3. Section 216.5, subsections 6 and 8, Code 2023, are 10 amended to read as follows: 11 6. To issue such publications and reports of investigations 12 and research as in the judgment of the commission shall tend 13 to promote goodwill among the various racial, religious, and 14 ethnic groups of the state and which shall tend to minimize or 15 eliminate discrimination in public accommodations, employment, 16 apprenticeship and on-the-job training programs, vocational 17 schools, career and technical education programs, or housing 18 because of race, creed, color, sex, sexual orientation, gender 19 identity, national origin, religion, ancestry, or disability. 20 8. To make recommendations to the general assembly for 21 such further legislation concerning discrimination because of 22 race, creed, color, sex, sexual orientation, gender identity, 23 national origin, religion, ancestry, or disability as it may 24 deem necessary and desirable. 25 Sec. 4. Section 216.6, subsection 1, paragraphs a, b, and c, 26 Code 2023, are amended to read as follows: 27 a. Person to refuse to hire, accept, register, classify, 28 or refer for employment, to discharge any employee, or to 29 otherwise discriminate in employment against any applicant 30 for employment or any employee because of the age, race, 31 creed, color, sex, sexual orientation, gender identity, 32 national origin, religion, or disability of such applicant or 33 employee, unless based upon the nature of the occupation. If a 34 person with a disability is qualified to perform a particular 35 -1- LSB 1522YH (8) 90 cm/ns 1/ 9

H.F. 190 occupation, by reason of training or experience, the nature 1 of that occupation shall not be the basis for exception to 2 the unfair or discriminatory practices prohibited by this 3 subsection . 4 b. Labor organization or the employees, agents, or members 5 thereof to refuse to admit to membership any applicant, to 6 expel any member, or to otherwise discriminate against any 7 applicant for membership or any member in the privileges, 8 rights, or benefits of such membership because of the age, 9 race, creed, color, sex, sexual orientation, gender identity, 10 national origin, religion, or disability of such applicant or 11 member. 12 c. Employer, employment agency, labor organization, or the 13 employees, agents, or members thereof to directly or indirectly 14 advertise or in any other manner indicate or publicize that 15 individuals of any particular age, race, creed, color, sex, 16 sexual orientation, gender identity, national origin, religion, 17 or disability are unwelcome, objectionable, not acceptable, or 18 not solicited for employment or membership unless based on the 19 nature of the occupation. 20 (1) If a person with a disability is qualified to perform a 21 particular occupation by reason of training or experience, the 22 nature of that occupation shall not be the basis for exception 23 to the unfair or discriminatory practices prohibited by this 24 subsection . 25 (2) An employer, employment agency, or their employees, 26 servants, or agents may offer employment or advertise for 27 employment to only persons with disabilities, when other 28 applicants have available to them other employment compatible 29 with their ability which would not be available to persons 30 with disabilities because of their disabilities. Any such 31 employment or offer of employment shall not discriminate among 32 persons with disabilities on the basis of race, color, creed, 33 sex, sexual orientation, gender identity, or national origin. 34 Sec. 5. Section 216.6, subsection 6, paragraph d, Code 2023, 35 -2- LSB 1522YH (8) 90 cm/ns 2/ 9

H.F. 190 is amended to read as follows: 1 d. Any bona fide religious institution or its educational 2 facility, association, corporation, or society with respect 3 to any qualifications for employment based on religion , or 4 sexual orientation , or gender identity when such qualifications 5 are related to a bona fide religious purpose. A religious 6 qualification for instructional personnel or an administrative 7 officer, serving in a supervisory capacity of a bona fide 8 religious educational facility or religious institution, shall 9 be presumed to be a bona fide occupational qualification. 10 Sec. 6. Section 216.6A, subsection 1, paragraph a, 11 unnumbered paragraph 1, Code 2023, is amended to read as 12 follows: 13 The general assembly finds that the practice of 14 discriminating against any employee because of the age, 15 race, creed, color, sex, sexual orientation, gender identity, 16 national origin, religion, or disability of such employee by 17 paying wages to such employee at a rate less than the rate paid 18 to other employees does all of the following: 19 Sec. 7. Section 216.6A, subsection 1, paragraph b, Code 20 2023, is amended to read as follows: 21 b. The general assembly declares that it is the policy 22 of this state to correct and, as rapidly as possible, to 23 eliminate, discriminatory wage practices based on age, race, 24 creed, color, sex, sexual orientation, gender identity, 25 national origin, religion, and disability. 26 Sec. 8. Section 216.6A, subsection 2, paragraph a, Code 27 2023, is amended to read as follows: 28 a. It shall be an unfair or discriminatory practice for any 29 employer or agent of any employer to discriminate against any 30 employee because of the age, race, creed, color, sex, sexual 31 orientation, gender identity, national origin, religion, or 32 disability of such employee by paying wages to such employee 33 at a rate less than the rate paid to other employees who are 34 employed within the same establishment for equal work on jobs, 35 -3- LSB 1522YH (8) 90 cm/ns 3/ 9

H.F. 190 the performance of which requires equal skill, effort, and 1 responsibility, and which are performed under similar working 2 conditions. An employer or agent of an employer who is paying 3 wages to an employee at a rate less than the rate paid to other 4 employees in violation of this section shall not remedy the 5 violation by reducing the wage rate of any employee. 6 Sec. 9. Section 216.6A, subsection 3, paragraph d, Code 7 2023, is amended to read as follows: 8 d. Pay differential is based on any other factor other than 9 the age, race, creed, color, sex, sexual orientation, gender 10 identity, national origin, religion, or disability of such 11 employee. 12 Sec. 10. Section 216.7, subsection 1, paragraphs a and b, 13 Code 2023, are amended to read as follows: 14 a. To refuse or deny to any person because of race, 15 creed, color, sex, sexual orientation, gender identity, 16 national origin, religion, or disability the accommodations, 17 advantages, facilities, services, or privileges thereof, 18 or otherwise to discriminate against any person because of 19 race, creed, color, sex, sexual orientation, gender identity, 20 national origin, religion, or disability in the furnishing 21 of such accommodations, advantages, facilities, services, or 22 privileges. 23 b. To directly or indirectly advertise or in any other 24 manner indicate or publicize that the patronage of persons of 25 any particular race, creed, color, sex, sexual orientation, 26 gender identity, national origin, religion, or disability is 27 unwelcome, objectionable, not acceptable, or not solicited. 28 Sec. 11. Section 216.7, subsection 2, paragraph a, Code 29 2023, is amended to read as follows: 30 a. Any bona fide religious institution with respect to any 31 qualifications the institution may impose based on religion , or 32 sexual orientation , or gender identity when such qualifications 33 are related to a bona fide religious purpose. 34 Sec. 12. Section 216.8, subsection 1, paragraphs a, b, c, 35 -4- LSB 1522YH (8) 90 cm/ns 4/ 9

H.F. 190 and d, Code 2023, are amended to read as follows: 1 a. To refuse to sell, rent, lease, assign, sublease, refuse 2 to negotiate, or to otherwise make unavailable, or deny any 3 real property or housing accommodation or part, portion, or 4 interest therein, to any person because of the race, color, 5 creed, sex, sexual orientation, gender identity, religion, 6 national origin, disability, or familial status of such person. 7 b. To discriminate against any person because of the 8 person’s race, color, creed, sex, sexual orientation, gender 9 identity, religion, national origin, disability, or familial 10 status, in the terms, conditions, or privileges of the sale, 11 rental, lease assignment, or sublease of any real property or 12 housing accommodation or any part, portion, or interest in the 13 real property or housing accommodation or in the provision of 14 services or facilities in connection with the real property or 15 housing accommodation. 16 c. To directly or indirectly advertise, or in any other 17 manner indicate or publicize that the purchase, rental, 18 lease, assignment, or sublease of any real property or housing 19 accommodation or any part, portion, or interest therein, by 20 persons of any particular race, color, creed, sex, sexual 21 orientation, gender identity, religion, national origin, 22 disability, or familial status is unwelcome, objectionable, not 23 acceptable, or not solicited. 24 d. To discriminate against the lessee or purchaser of any 25 real property or housing accommodation or part, portion, or 26 interest of the real property or housing accommodation, or 27 against any prospective lessee or purchaser of the property or 28 accommodation, because of the race, color, creed, religion, 29 sex, sexual orientation, gender identity, disability, age, or 30 national origin of persons who may from time to time be present 31 in or on the lessee’s or owner’s premises for lawful purposes 32 at the invitation of the lessee or owner as friends, guests, 33 visitors, relatives, or in any similar capacity. 34 Sec. 13. Section 216.8A, subsections 1, 2, and 5, Code 2023, 35 -5- LSB 1522YH (8) 90 cm/ns 5/ 9

H.F. 190 are amended to read as follows: 1 1. A person shall not induce or attempt to induce another 2 person to sell or rent a dwelling by representations regarding 3 the entry or prospective entry into a neighborhood of a person 4 of a particular race, color, creed, sex, sexual orientation, 5 gender identity, religion, national origin, disability, or 6 familial status. 7 2. A person shall not represent to a person of a particular 8 race, color, creed, sex, sexual orientation, gender identity, 9 religion, national origin, disability, or familial status that 10 a dwelling is not available for inspection, sale, or rental 11 when the dwelling is available for inspection, sale, or rental. 12 5. A person shall not deny another person access to, 13 or membership or participation in, a multiple-listing 14 service, real estate brokers’ organization or other service, 15 organization, or facility relating to the business of selling 16 or renting dwellings, or discriminate against a person in 17 terms or conditions of access, membership, or participation in 18 such organization because of race, color, creed, sex, sexual 19 orientation, gender identity, religion, national origin, 20 disability, or familial status. 21 Sec. 14. Section 216.8A, subsection 4, paragraph a, Code 22 2023, is amended to read as follows: 23 a. A person whose business includes engaging in residential 24 real estate related transactions shall not discriminate 25 against a person in making a residential real estate 26 related transaction available or in terms or conditions of 27 a residential real estate related transaction because of 28 race, color, creed, sex, sexual orientation, gender identity, 29 religion, national origin, disability, or familial status. 30 Sec. 15. Section 216.9, subsection 1, unnumbered paragraph 31 1, Code 2023, is amended to read as follows: 32 It is an unfair or discriminatory practice for any 33 educational institution to discriminate on the basis of 34 race, creed, color, sex, sexual orientation, gender identity, 35 -6- LSB 1522YH (8) 90 cm/ns 6/ 9

H.F. 190 national origin, religion, or disability in any program or 1 activity. Such discriminatory practices shall include but not 2 be limited to the following practices: 3 Sec. 16. Section 216.9, subsection 2, Code 2023, is amended 4 to read as follows: 5 2. For the purpose of this section , “educational 6 institution” includes any preschool, elementary or secondary 7 school, community college, area education agency, or 8 postsecondary college or university and their governing boards. 9 This section does not prohibit an educational institution 10 from maintaining separate toilet facilities, locker rooms, or 11 living facilities for the different sexes so long as comparable 12 facilities are provided. Nothing in this section shall be 13 construed as prohibiting any bona fide religious institution 14 from imposing qualifications based on religion , or sexual 15 orientation , or gender identity when such qualifications are 16 related to a bona fide religious purpose or any institution 17 from admitting students of only one sex. 18 Sec. 17. Section 216.10, subsection 1, paragraphs a, b, and 19 c, Code 2023, are amended to read as follows: 20 a. Creditor to refuse to enter into a consumer credit 21 transaction or impose finance charges or other terms or 22 conditions more onerous than those regularly extended by that 23 creditor to consumers of similar economic backgrounds because 24 of age, color, creed, national origin, race, religion, marital 25 status, sex, sexual orientation, gender identity, physical 26 disability, or familial status. 27 b. Person authorized or licensed to do business in this 28 state pursuant to chapter 524 , 533 , 536 , or 536A to refuse 29 to loan or extend credit or to impose terms or conditions 30 more onerous than those regularly extended to persons of 31 similar economic backgrounds because of age, color, creed, 32 national origin, race, religion, marital status, sex, sexual 33 orientation, gender identity, physical disability, or familial 34 status. 35 -7- LSB 1522YH (8) 90 cm/ns 7/ 9

H.F. 190 c. Creditor to refuse to offer credit life or health and 1 accident insurance because of color, creed, national origin, 2 race, religion, marital status, age, physical disability, 3 sex, sexual orientation, gender identity, or familial status. 4 Refusal by a creditor to offer credit life or health and 5 accident insurance based upon the age or physical disability of 6 the consumer shall not be an unfair or discriminatory practice 7 if such denial is based solely upon bona fide underwriting 8 considerations not prohibited by Title XIII, subtitle 1 . 9 Sec. 18. Section 216.12, subsection 1, paragraph a, Code 10 2023, is amended to read as follows: 11 a. Any bona fide religious institution with respect to 12 any qualifications it may impose based on religion , or sexual 13 orientation , or gender identity, when the qualifications are 14 related to a bona fide religious purpose , unless the religious 15 institution owns or operates property for a commercial purpose 16 or membership in the religion is restricted on account of race, 17 color, or national origin. 18 Sec. 19. Section 216.12A, Code 2023, is amended to read as 19 follows: 20 216.12A Additional housing exception. 21 Sections 216.8 and 216.8A do not prohibit a person engaged 22 in the business of furnishing appraisals of real estate from 23 taking into consideration factors other than race, color, 24 creed, sex, sexual orientation, gender identity, religion, 25 national origin, disability, or familial status in appraising 26 real estate. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill relates to gender under Code chapter 216, the Iowa 31 civil rights Act. 32 Under current law, Code chapter 216 prohibits discrimination 33 in employment, wages, public accommodations, housing, 34 education, and credit practices based upon certain 35 -8- LSB 1522YH (8) 90 cm/ns 8/ 9

H.F. 190 characteristics of a person, including sex and gender 1 identity. A person who claims to be aggrieved by an unfair 2 or discriminatory practice prohibited by Code chapter 216 may 3 file a complaint with the Iowa civil rights commission. Code 4 chapter 216 defines “gender identity” as the gender-related 5 identity of a person, regardless of the person’s assigned sex 6 at birth. For purposes of Code chapter 216, the bill removes 7 gender identity as a protected class and defines “sex” to mean 8 a person’s biological sex as either male or female. 9 -9- LSB 1522YH (8) 90 cm/ns 9/ 9