H.F. 2082 Section 1. Section 216.2, subsection 5, Code 2024, is 1 amended to read as follows: 2 5. “Disability” means the physical or mental condition 3 of a person which constitutes a substantial disability, a 4 diagnosis for gender dysphoria or any condition related to 5 a gender identity disorder, and the condition of a person 6 with a positive human immunodeficiency virus test result, a 7 diagnosis of acquired immune deficiency syndrome, a diagnosis 8 of acquired immune deficiency syndrome-related complex, or 9 any other condition related to acquired immune deficiency 10 syndrome. The inclusion of a condition related to a positive 11 human immunodeficiency virus test result in the meaning of 12 “disability” under the provisions of this chapter does not 13 preclude the application of the provisions of this chapter 14 to conditions resulting from other contagious or infectious 15 diseases. 16 Sec. 2. Section 216.2, subsection 10, Code 2024, is amended 17 by striking the subsection. 18 Sec. 3. Section 216.5, subsections 6 and 8, Code 2024, are 19 amended to read as follows: 20 6. To issue such publications and reports of investigations 21 and research as in the judgment of the commission shall tend 22 to promote goodwill among the various racial, religious, and 23 ethnic groups of the state and which shall tend to minimize or 24 eliminate discrimination in public accommodations, employment, 25 apprenticeship and on-the-job training programs, vocational 26 schools, career and technical education programs, or housing 27 because of race, creed, color, sex, sexual orientation, gender 28 identity, national origin, religion, ancestry, or disability. 29 8. To make recommendations to the general assembly for 30 such further legislation concerning discrimination because of 31 race, creed, color, sex, sexual orientation, gender identity, 32 national origin, religion, ancestry, or disability as it may 33 deem necessary and desirable. 34 Sec. 4. Section 216.6, subsection 1, paragraphs a, b, and c, 35 -1- LSB 5244YH (2) 90 je/jh 1/ 9

H.F. 2082 Code 2024, are amended to read as follows: 1 a. Person to refuse to hire, accept, register, classify, 2 or refer for employment, to discharge any employee, or to 3 otherwise discriminate in employment against any applicant 4 for employment or any employee because of the age, race, 5 creed, color, sex, sexual orientation, gender identity, 6 national origin, religion, or disability of such applicant or 7 employee, unless based upon the nature of the occupation. If a 8 person with a disability is qualified to perform a particular 9 occupation, by reason of training or experience, the nature 10 of that occupation shall not be the basis for exception to 11 the unfair or discriminatory practices prohibited by this 12 subsection . 13 b. Labor organization or the employees, agents, or members 14 thereof to refuse to admit to membership any applicant, to 15 expel any member, or to otherwise discriminate against any 16 applicant for membership or any member in the privileges, 17 rights, or benefits of such membership because of the age, 18 race, creed, color, sex, sexual orientation, gender identity, 19 national origin, religion, or disability of such applicant or 20 member. 21 c. Employer, employment agency, labor organization, or the 22 employees, agents, or members thereof to directly or indirectly 23 advertise or in any other manner indicate or publicize that 24 individuals of any particular age, race, creed, color, sex, 25 sexual orientation, gender identity, national origin, religion, 26 or disability are unwelcome, objectionable, not acceptable, or 27 not solicited for employment or membership unless based on the 28 nature of the occupation. 29 (1) If a person with a disability is qualified to perform a 30 particular occupation by reason of training or experience, the 31 nature of that occupation shall not be the basis for exception 32 to the unfair or discriminatory practices prohibited by this 33 subsection . 34 (2) An employer, employment agency, or their employees, 35 -2- LSB 5244YH (2) 90 je/jh 2/ 9

H.F. 2082 servants, or agents may offer employment or advertise for 1 employment to only persons with disabilities, when other 2 applicants have available to them other employment compatible 3 with their ability which would not be available to persons 4 with disabilities because of their disabilities. Any such 5 employment or offer of employment shall not discriminate among 6 persons with disabilities on the basis of race, color, creed, 7 sex, sexual orientation, gender identity, or national origin. 8 Sec. 5. Section 216.6, subsection 6, paragraph d, Code 2024, 9 is amended to read as follows: 10 d. Any bona fide religious institution or its educational 11 facility, association, corporation, or society with respect 12 to any qualifications for employment based on religion , or 13 sexual orientation , or gender identity when such qualifications 14 are related to a bona fide religious purpose. A religious 15 qualification for instructional personnel or an administrative 16 officer, serving in a supervisory capacity of a bona fide 17 religious educational facility or religious institution, shall 18 be presumed to be a bona fide occupational qualification. 19 Sec. 6. Section 216.6A, subsection 1, paragraph a, 20 unnumbered paragraph 1, Code 2024, is amended to read as 21 follows: 22 The general assembly finds that the practice of 23 discriminating against any employee because of the age, 24 race, creed, color, sex, sexual orientation, gender identity, 25 national origin, religion, or disability of such employee by 26 paying wages to such employee at a rate less than the rate paid 27 to other employees does all of the following: 28 Sec. 7. Section 216.6A, subsection 1, paragraph b, Code 29 2024, is amended to read as follows: 30 b. The general assembly declares that it is the policy 31 of this state to correct and, as rapidly as possible, to 32 eliminate, discriminatory wage practices based on age, race, 33 creed, color, sex, sexual orientation, gender identity, 34 national origin, religion, and disability. 35 -3- LSB 5244YH (2) 90 je/jh 3/ 9

H.F. 2082 Sec. 8. Section 216.6A, subsection 2, paragraph a, Code 1 2024, is amended to read as follows: 2 a. It shall be an unfair or discriminatory practice for any 3 employer or agent of any employer to discriminate against any 4 employee because of the age, race, creed, color, sex, sexual 5 orientation, gender identity, national origin, religion, or 6 disability of such employee by paying wages to such employee 7 at a rate less than the rate paid to other employees who are 8 employed within the same establishment for equal work on jobs, 9 the performance of which requires equal skill, effort, and 10 responsibility, and which are performed under similar working 11 conditions. An employer or agent of an employer who is paying 12 wages to an employee at a rate less than the rate paid to other 13 employees in violation of this section shall not remedy the 14 violation by reducing the wage rate of any employee. 15 Sec. 9. Section 216.6A, subsection 3, paragraph d, Code 16 2024, is amended to read as follows: 17 d. Pay differential is based on any other factor other than 18 the age, race, creed, color, sex, sexual orientation, gender 19 identity, national origin, religion, or disability of such 20 employee. 21 Sec. 10. Section 216.7, subsection 1, paragraphs a and b, 22 Code 2024, are amended to read as follows: 23 a. To refuse or deny to any person because of race, 24 creed, color, sex, sexual orientation, gender identity, 25 national origin, religion, or disability the accommodations, 26 advantages, facilities, services, or privileges thereof, 27 or otherwise to discriminate against any person because of 28 race, creed, color, sex, sexual orientation, gender identity, 29 national origin, religion, or disability in the furnishing 30 of such accommodations, advantages, facilities, services, or 31 privileges. 32 b. To directly or indirectly advertise or in any other 33 manner indicate or publicize that the patronage of persons of 34 any particular race, creed, color, sex, sexual orientation, 35 -4- LSB 5244YH (2) 90 je/jh 4/ 9

H.F. 2082 gender identity, national origin, religion, or disability is 1 unwelcome, objectionable, not acceptable, or not solicited. 2 Sec. 11. Section 216.7, subsection 2, paragraph a, Code 3 2024, is amended to read as follows: 4 a. Any bona fide religious institution with respect to any 5 qualifications the institution may impose based on religion , or 6 sexual orientation , or gender identity when such qualifications 7 are related to a bona fide religious purpose. 8 Sec. 12. Section 216.8, subsection 1, paragraphs a, b, c, 9 and d, Code 2024, are amended to read as follows: 10 a. To refuse to sell, rent, lease, assign, sublease, refuse 11 to negotiate, or to otherwise make unavailable, or deny any 12 real property or housing accommodation or part, portion, or 13 interest therein, to any person because of the race, color, 14 creed, sex, sexual orientation, gender identity, religion, 15 national origin, disability, or familial status of such person. 16 b. To discriminate against any person because of the 17 person’s race, color, creed, sex, sexual orientation, gender 18 identity, religion, national origin, disability, or familial 19 status, in the terms, conditions, or privileges of the sale, 20 rental, lease assignment, or sublease of any real property or 21 housing accommodation or any part, portion, or interest in the 22 real property or housing accommodation or in the provision of 23 services or facilities in connection with the real property or 24 housing accommodation. 25 c. To directly or indirectly advertise, or in any other 26 manner indicate or publicize that the purchase, rental, 27 lease, assignment, or sublease of any real property or housing 28 accommodation or any part, portion, or interest therein, by 29 persons of any particular race, color, creed, sex, sexual 30 orientation, gender identity, religion, national origin, 31 disability, or familial status is unwelcome, objectionable, not 32 acceptable, or not solicited. 33 d. To discriminate against the lessee or purchaser of any 34 real property or housing accommodation or part, portion, or 35 -5- LSB 5244YH (2) 90 je/jh 5/ 9

H.F. 2082 interest of the real property or housing accommodation, or 1 against any prospective lessee or purchaser of the property or 2 accommodation, because of the race, color, creed, religion, 3 sex, sexual orientation, gender identity, disability, age, or 4 national origin of persons who may from time to time be present 5 in or on the lessee’s or owner’s premises for lawful purposes 6 at the invitation of the lessee or owner as friends, guests, 7 visitors, relatives, or in any similar capacity. 8 Sec. 13. Section 216.8A, subsections 1, 2, and 5, Code 2024, 9 are amended to read as follows: 10 1. A person shall not induce or attempt to induce another 11 person to sell or rent a dwelling by representations regarding 12 the entry or prospective entry into a neighborhood of a person 13 of a particular race, color, creed, sex, sexual orientation, 14 gender identity, religion, national origin, disability, or 15 familial status. 16 2. A person shall not represent to a person of a particular 17 race, color, creed, sex, sexual orientation, gender identity, 18 religion, national origin, disability, or familial status that 19 a dwelling is not available for inspection, sale, or rental 20 when the dwelling is available for inspection, sale, or rental. 21 5. A person shall not deny another person access to, 22 or membership or participation in, a multiple-listing 23 service, real estate brokers’ organization or other service, 24 organization, or facility relating to the business of selling 25 or renting dwellings, or discriminate against a person in 26 terms or conditions of access, membership, or participation in 27 such organization because of race, color, creed, sex, sexual 28 orientation, gender identity, religion, national origin, 29 disability, or familial status. 30 Sec. 14. Section 216.8A, subsection 4, paragraph a, Code 31 2024, is amended to read as follows: 32 a. A person whose business includes engaging in residential 33 real estate related transactions shall not discriminate 34 against a person in making a residential real estate 35 -6- LSB 5244YH (2) 90 je/jh 6/ 9

H.F. 2082 related transaction available or in terms or conditions of 1 a residential real estate related transaction because of 2 race, color, creed, sex, sexual orientation, gender identity, 3 religion, national origin, disability, or familial status. 4 Sec. 15. Section 216.9, subsection 1, unnumbered paragraph 5 1, Code 2024, 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, or disability in any program or 10 activity. Such discriminatory practices shall include but not 11 be limited to the following practices: 12 Sec. 16. Section 216.9, subsection 2, Code 2024, is amended 13 to read as follows: 14 2. For the purpose of this section , “educational 15 institution” includes any preschool, elementary or secondary 16 school, community college, area education agency, or 17 postsecondary college or university and their governing boards. 18 This section does not prohibit an educational institution 19 from maintaining separate toilet facilities, locker rooms, or 20 living facilities for the different sexes so long as comparable 21 facilities are provided. Nothing in this section shall be 22 construed as prohibiting any bona fide religious institution 23 from imposing qualifications based on religion , or sexual 24 orientation , or gender identity when such qualifications are 25 related to a bona fide religious purpose or any institution 26 from admitting students of only one sex. 27 Sec. 17. Section 216.10, subsection 1, paragraphs a, b, and 28 c, Code 2024, are amended to read as follows: 29 a. Creditor to refuse to enter into a consumer credit 30 transaction or impose finance charges or other terms or 31 conditions more onerous than those regularly extended by that 32 creditor to consumers of similar economic backgrounds because 33 of age, color, creed, national origin, race, religion, marital 34 status, sex, sexual orientation, gender identity, physical 35 -7- LSB 5244YH (2) 90 je/jh 7/ 9

H.F. 2082 disability, or familial status. 1 b. Person authorized or licensed to do business in this 2 state pursuant to chapter 524 , 533 , 536 , or 536A to refuse 3 to loan or extend credit or to impose terms or conditions 4 more onerous than those regularly extended to persons of 5 similar economic backgrounds because of age, color, creed, 6 national origin, race, religion, marital status, sex, sexual 7 orientation, gender identity, physical disability, or familial 8 status. 9 c. Creditor to refuse to offer credit life or health and 10 accident insurance because of color, creed, national origin, 11 race, religion, marital status, age, physical disability, 12 sex, sexual orientation, gender identity, or familial status. 13 Refusal by a creditor to offer credit life or health and 14 accident insurance based upon the age or physical disability of 15 the consumer shall not be an unfair or discriminatory practice 16 if such denial is based solely upon bona fide underwriting 17 considerations not prohibited by Title XIII, subtitle 1 . 18 Sec. 18. Section 216.12, subsection 1, paragraph a, Code 19 2024, is amended to read as follows: 20 a. Any bona fide religious institution with respect to 21 any qualifications it may impose based on religion , or sexual 22 orientation , or gender identity, when the qualifications are 23 related to a bona fide religious purpose , unless the religious 24 institution owns or operates property for a commercial purpose 25 or membership in the religion is restricted on account of race, 26 color, or national origin. 27 Sec. 19. Section 216.12A, Code 2024, is amended to read as 28 follows: 29 216.12A Additional housing exception. 30 Sections 216.8 and 216.8A do not prohibit a person engaged 31 in the business of furnishing appraisals of real estate from 32 taking into consideration factors other than race, color, 33 creed, sex, sexual orientation, gender identity, religion, 34 national origin, disability, or familial status in appraising 35 -8- LSB 5244YH (2) 90 je/jh 8/ 9

H.F. 2082 real estate. 1 Sec. 20. Section 279.78, subsection 1, paragraph a, Code 2 2024, is amended to read as follows: 3 a. “Gender identity” means the same as defined in section 4 216.2 a gender-related identity of a person, regardless of the 5 person’s assigned sex at birth . 6 Sec. 21. Section 279.80, subsection 1, paragraph a, Code 7 2024, is amended to read as follows: 8 a. “Gender identity” means the same as defined in section 9 216.2 279.78, subsection 1 . 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill relates to gender under Code chapter 216, the Iowa 14 civil rights Act. 15 Under current law, Code chapter 216 prohibits discrimination 16 in employment, wages, public accommodations, housing, 17 education, and credit practices based upon certain 18 characteristics of a person, including gender identity. 19 A person who claims to be aggrieved by an unfair or 20 discriminatory practice prohibited by Code chapter 216 may 21 file a complaint with the Iowa civil rights commission. Code 22 chapter 216 provides various remedies for such practices. Code 23 chapter 216 defines “gender identity” as the gender-related 24 identity of a person, regardless of the person’s assigned sex 25 at birth. 26 For purposes of Code chapter 216, the bill removes gender 27 identity as a protected class. The bill also adds a diagnosis 28 for gender dysphoria or any condition related to a gender 29 identity disorder to the definition of “disability” in Code 30 chapter 216. Disability is a protected class for purposes of 31 Code chapter 216. 32 The bill makes conforming changes related to the strike of 33 the definition of gender identity in Code chapter 216. 34 -9- LSB 5244YH (2) 90 je/jh 9/ 9