House File 455 - Introduced HOUSE FILE 455 BY ANDREWS A BILL FOR An Act relating to protected classes under the Iowa civil 1 rights Act. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2406YH (3) 90 cm/ns
H.F. 455 Section 1. Section 216.5, subsections 6 and 8, Code 2023, 1 are amended to read as follows: 2 6. To issue such publications and reports of investigations 3 and research as in the judgment of the commission shall tend 4 to promote goodwill among the various racial, religious, and 5 ethnic groups of the state and which shall tend to minimize or 6 eliminate discrimination in public accommodations, employment, 7 apprenticeship and on-the-job training programs, vocational 8 schools, career and technical education programs, or housing 9 because of race, creed, color, sex, sexual orientation, gender 10 identity, national origin, religion, ancestry, political 11 affiliation, medical or vaccination status, or disability. 12 8. To make recommendations to the general assembly for 13 such further legislation concerning discrimination because of 14 race, creed, color, sex, sexual orientation, gender identity, 15 national origin, religion, ancestry, political affiliation, 16 medical or vaccination status, or disability as it may deem 17 necessary and desirable. 18 Sec. 2. Section 216.6, subsection 1, paragraphs a, b, and c, 19 Code 2023, are amended to read as follows: 20 a. Person to refuse to hire, accept, register, classify, 21 or refer for employment, to discharge any employee, or to 22 otherwise discriminate in employment against any applicant for 23 employment or any employee because of the age, race, creed, 24 color, sex, sexual orientation, gender identity, national 25 origin, religion, political affiliation, medical or vaccination 26 status, or disability of such applicant or employee, unless 27 based upon the nature of the occupation. If a person with a 28 disability is qualified to perform a particular occupation, 29 by reason of training or experience, the nature of that 30 occupation shall not be the basis for exception to the unfair 31 or discriminatory practices prohibited by this subsection . 32 b. Labor organization or the employees, agents, or members 33 thereof to refuse to admit to membership any applicant, to 34 expel any member, or to otherwise discriminate against any 35 -1- LSB 2406YH (3) 90 cm/ns 1/ 8
H.F. 455 applicant for membership or any member in the privileges, 1 rights, or benefits of such membership because of the age, 2 race, creed, color, sex, sexual orientation, gender identity, 3 national origin, religion, political affiliation, medical or 4 vaccination status, or disability of such applicant or member. 5 c. Employer, employment agency, labor organization, or the 6 employees, agents, or members thereof to directly or indirectly 7 advertise or in any other manner indicate or publicize that 8 individuals of any particular age, race, creed, color, sex, 9 sexual orientation, gender identity, national origin, religion, 10 political affiliation, medical or vaccination status, or 11 disability are unwelcome, objectionable, not acceptable, or 12 not solicited for employment or membership unless based on the 13 nature of the occupation. 14 (1) If a person with a disability is qualified to perform a 15 particular occupation by reason of training or experience, the 16 nature of that occupation shall not be the basis for exception 17 to the unfair or discriminatory practices prohibited by this 18 subsection . 19 (2) An employer, employment agency, or their employees, 20 servants, or agents may offer employment or advertise for 21 employment to only persons with disabilities, when other 22 applicants have available to them other employment compatible 23 with their ability which would not be available to persons 24 with disabilities because of their disabilities. Any such 25 employment or offer of employment shall not discriminate 26 among persons with disabilities on the basis of race, color, 27 creed, sex, sexual orientation, gender identity, political 28 affiliation, medical or vaccination status, or national origin. 29 Sec. 3. Section 216.6A, subsection 1, paragraph a, 30 unnumbered paragraph 1, Code 2023, is amended to read as 31 follows: 32 The general assembly finds that the practice of 33 discriminating against any employee because of the age, 34 race, creed, color, sex, sexual orientation, gender identity, 35 -2- LSB 2406YH (3) 90 cm/ns 2/ 8
H.F. 455 national origin, religion, political affiliation, medical or 1 vaccination status, or disability of such employee by paying 2 wages to such employee at a rate less than the rate paid to 3 other employees does all of the following: 4 Sec. 4. Section 216.6A, subsection 1, paragraph b, Code 5 2023, is amended to read as follows: 6 b. The general assembly declares that it is the policy 7 of this state to correct and, as rapidly as possible, to 8 eliminate, discriminatory wage practices based on age, race, 9 creed, color, sex, sexual orientation, gender identity, 10 national origin, religion, political affiliation, medical or 11 vaccination status, and disability. 12 Sec. 5. Section 216.6A, subsection 2, paragraph a, Code 13 2023, is amended to read as follows: 14 a. It shall be an unfair or discriminatory practice for 15 any employer or agent of any employer to discriminate against 16 any employee because of the age, race, creed, color, sex, 17 sexual orientation, gender identity, national origin, religion, 18 political affiliation, medical or vaccination status, or 19 disability of such employee by paying wages to such employee 20 at a rate less than the rate paid to other employees who are 21 employed within the same establishment for equal work on jobs, 22 the performance of which requires equal skill, effort, and 23 responsibility, and which are performed under similar working 24 conditions. An employer or agent of an employer who is paying 25 wages to an employee at a rate less than the rate paid to other 26 employees in violation of this section shall not remedy the 27 violation by reducing the wage rate of any employee. 28 Sec. 6. Section 216.6A, subsection 3, paragraph d, Code 29 2023, is amended to read as follows: 30 d. Pay differential is based on any other factor other than 31 the age, race, creed, color, sex, sexual orientation, gender 32 identity, national origin, religion, political affiliation, 33 medical or vaccination status, or disability of such employee. 34 Sec. 7. Section 216.7, subsection 1, paragraphs a and b, 35 -3- LSB 2406YH (3) 90 cm/ns 3/ 8
H.F. 455 Code 2023, are amended to read as follows: 1 a. To refuse or deny to any person because of race, creed, 2 color, sex, sexual orientation, gender identity, national 3 origin, religion, or disability the accommodations, advantages, 4 facilities, services, or privileges thereof, or otherwise 5 to discriminate against any person because of race, creed, 6 color, sex, sexual orientation, gender identity, national 7 origin, religion, political affiliation, medical or vaccination 8 status, or disability in the furnishing of such accommodations, 9 advantages, facilities, services, or privileges. 10 b. To directly or indirectly advertise or in any other 11 manner indicate or publicize that the patronage of persons of 12 any particular race, creed, color, sex, sexual orientation, 13 gender identity, national origin, religion, political 14 affiliation, medical or vaccination status, or disability is 15 unwelcome, objectionable, not acceptable, or not solicited. 16 Sec. 8. Section 216.8, subsection 1, paragraphs a, b, c, and 17 d, Code 2023, are amended to read as follows: 18 a. To refuse to sell, rent, lease, assign, sublease, refuse 19 to negotiate, or to otherwise make unavailable, or deny any 20 real property or housing accommodation or part, portion, or 21 interest therein, to any person because of the race, color, 22 creed, sex, sexual orientation, gender identity, religion, 23 national origin, disability, political affiliation, medical or 24 vaccination status, or familial status of such person. 25 b. To discriminate against any person because of the 26 person’s race, color, creed, sex, sexual orientation, gender 27 identity, religion, national origin, disability, political 28 affiliation, medical or vaccination status, or familial status, 29 in the terms, conditions, or privileges of the sale, rental, 30 lease assignment, or sublease of any real property or housing 31 accommodation or any part, portion, or interest in the real 32 property or housing accommodation or in the provision of 33 services or facilities in connection with the real property or 34 housing accommodation. 35 -4- LSB 2406YH (3) 90 cm/ns 4/ 8
H.F. 455 c. To directly or indirectly advertise, or in any other 1 manner indicate or publicize that the purchase, rental, 2 lease, assignment, or sublease of any real property or housing 3 accommodation or any part, portion, or interest therein, by 4 persons of any particular race, color, creed, sex, sexual 5 orientation, gender identity, religion, national origin, 6 disability, political affiliation, medical or vaccination 7 status, or familial status is unwelcome, objectionable, not 8 acceptable, or not solicited. 9 d. To discriminate against the lessee or purchaser of any 10 real property or housing accommodation or part, portion, or 11 interest of the real property or housing accommodation, or 12 against any prospective lessee or purchaser of the property or 13 accommodation, because of the race, color, creed, religion, 14 sex, sexual orientation, gender identity, disability, age, 15 political affiliation, medical or vaccination status, or 16 national origin of persons who may from time to time be present 17 in or on the lessee’s or owner’s premises for lawful purposes 18 at the invitation of the lessee or owner as friends, guests, 19 visitors, relatives, or in any similar capacity. 20 Sec. 9. Section 216.8A, subsections 1, 2, and 5, Code 2023, 21 are amended to read as follows: 22 1. A person shall not induce or attempt to induce another 23 person to sell or rent a dwelling by representations regarding 24 the entry or prospective entry into a neighborhood of a person 25 of a particular race, color, creed, sex, sexual orientation, 26 gender identity, religion, national origin, disability, 27 political affiliation, medical or vaccination status, or 28 familial status. 29 2. A person shall not represent to a person of a particular 30 race, color, creed, sex, sexual orientation, gender identity, 31 religion, national origin, disability, political affiliation, 32 medical or vaccination status, or familial status that a 33 dwelling is not available for inspection, sale, or rental when 34 the dwelling is available for inspection, sale, or rental. 35 -5- LSB 2406YH (3) 90 cm/ns 5/ 8
H.F. 455 5. A person shall not deny another person access to, 1 or membership or participation in, a multiple-listing 2 service, real estate brokers’ organization or other service, 3 organization, or facility relating to the business of selling 4 or renting dwellings, or discriminate against a person in 5 terms or conditions of access, membership, or participation in 6 such organization because of race, color, creed, sex, sexual 7 orientation, gender identity, religion, national origin, 8 disability, political affiliation, medical or vaccination 9 status, or familial status. 10 Sec. 10. Section 216.8A, subsection 4, paragraph a, Code 11 2023, is amended to read as follows: 12 a. A person whose business includes engaging in residential 13 real estate related transactions shall not discriminate 14 against a person in making a residential real estate 15 related transaction available or in terms or conditions of 16 a residential real estate related transaction because of 17 race, color, creed, sex, sexual orientation, gender identity, 18 religion, national origin, disability, political affiliation, 19 medical or vaccination status, or familial status. 20 Sec. 11. Section 216.9, subsection 1, unnumbered paragraph 21 1, Code 2023, is amended to read as follows: 22 It is an unfair or discriminatory practice for any 23 educational institution to discriminate on the basis of 24 race, creed, color, sex, sexual orientation, gender identity, 25 national origin, religion, political affiliation, medical or 26 vaccination status, or disability in any program or activity. 27 Such discriminatory practices shall include but not be limited 28 to the following practices: 29 Sec. 12. Section 216.10, subsection 1, paragraphs a, b, and 30 c, Code 2023, are amended to read as follows: 31 a. Creditor to refuse to enter into a consumer credit 32 transaction or impose finance charges or other terms or 33 conditions more onerous than those regularly extended by that 34 creditor to consumers of similar economic backgrounds because 35 -6- LSB 2406YH (3) 90 cm/ns 6/ 8
H.F. 455 of age, color, creed, national origin, race, religion, marital 1 status, sex, sexual orientation, gender identity, physical 2 disability, political affiliation, medical or vaccination 3 status, or familial status. 4 b. Person authorized or licensed to do business in this 5 state pursuant to chapter 524 , 533 , 536 , or 536A to refuse 6 to loan or extend credit or to impose terms or conditions 7 more onerous than those regularly extended to persons of 8 similar economic backgrounds because of age, color, creed, 9 national origin, race, religion, marital status, sex, sexual 10 orientation, gender identity, physical disability, political 11 affiliation, medical or vaccination status, or familial status. 12 c. Creditor to refuse to offer credit life or health and 13 accident insurance because of color, creed, national origin, 14 race, religion, marital status, age, physical disability, sex, 15 sexual orientation, gender identity, political affiliation, 16 medical or vaccination status, or familial status. Refusal 17 by a creditor to offer credit life or health and accident 18 insurance based upon the age or physical disability of the 19 consumer shall not be an unfair or discriminatory practice 20 if such denial is based solely upon bona fide underwriting 21 considerations not prohibited by Title XIII, subtitle 1 . 22 Sec. 13. Section 216.12A, Code 2023, is amended to read as 23 follows: 24 216.12A Additional housing exception. 25 Sections 216.8 and 216.8A do not prohibit a person engaged 26 in the business of furnishing appraisals of real estate from 27 taking into consideration factors other than race, color, 28 creed, sex, sexual orientation, gender identity, religion, 29 national origin, disability, political affiliation, medical 30 or vaccination status, or familial status in appraising real 31 estate. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -7- LSB 2406YH (3) 90 cm/ns 7/ 8
H.F. 455 This bill creates two additional protected classes under 1 the Iowa civil rights Act (Code chapter 216), political 2 affiliation and medical or vaccination status. Current law 3 does not prohibit discrimination in employment, wages, public 4 accommodations, housing, education, and credit practices based 5 on a person’s political affiliation or a person’s medical or 6 vaccination status. 7 -8- LSB 2406YH (3) 90 cm/ns 8/ 8