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Senate File 276 - IntroducedA Bill ForAn Act 1relating to specified professional benefits,
2accommodations, and representations, and including effective
3date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 216.6, subsection 2, Code 2019, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. f. (1) An employer shall provide reasonable
4accommodation to an employee based on medical conditions
5related to the employee’s pregnancy or childbirth if upon the
6advice of the employee’s health care provider the employee
7makes such a request.
8(2) For purposes of this paragraph “f”, “reasonable
9accommodation” means modifications or adjustments to the
10work environment, or to the manner or circumstances under
11which an employee’s position is customarily performed, that
12enable an employee with a medical condition related to the
13employee’s pregnancy or the birth of the employee’s child to
14perform the essential functions of that position. “Reasonable
15accommodation” does not include a change or modification that
16would impose an undue hardship on the employer.
17 Sec. 2. Section 216.6A, Code 2019, is amended by adding the
18following new subsection:
19 NEW SUBSECTION. 2A. It shall be an unfair or discriminatory
20practice for any employer or agent of any employer to do any of
21the following:
22a. Require, as a condition of employment, that an employee
23refrain from disclosing, discussing, or sharing information
24about the employee’s wages, benefits, or other compensation, or
25from inquiring, discussing, or sharing information about any
26other employee’s wages, benefits, or other compensation.
27b. Require, as a condition of employment, that an employee
28sign a waiver or other document that requires the employee
29to refrain from engaging in any activities the employee is
30permitted to engage in under paragraph “a”.
31c. Discriminate or retaliate against an employee for
32engaging in any activities the employee is permitted to engage
33in under paragraph “a”.
34d. Seek current or historical compensation information,
35including but not limited to information on salary and
-1-1benefits, from a potential employee as a condition of being
2granted a job interview or extended an offer of employment.
3This paragraph shall not be construed to prohibit an employer
4from making inquiries of a prospective employee regarding the
5prospective employee’s desired compensation level to accept a
6position with the employer.
7e. Release compensation history, including but not limited
8to information on salary and benefits, of any current or former
9employee, to a prospective employer of the current or former
10employee, without express written authorization from the
11current or former employee.
12 Sec. 3. Section 237A.13, subsection 7, paragraph c, Code
132019, is amended to read as follows:
14c. Families with an income of more than one hundred percent
15but not more than one hundred forty-five eighty-five percent
16of the federal poverty level whose members, for at least
17twenty-eight hours per week in the aggregate, are employed
18or are participating at a satisfactory level in an approved
19training program or educational program.
20 Sec. 4. DIRECTIVE TO DEPARTMENT OF HUMAN SERVICES ON CHILD
21CARE ASSISTANCE. Effective January 1, 2020, the department of
22human services shall amend its administrative rules pursuant
23to chapter 17A to provide income eligibility for state child
24care assistance, according to family size for children needing
25basic care, to families whose nonexempt gross monthly income
26does not exceed one hundred eighty-five percent of the federal
27poverty level.
28 Sec. 5. RECOGNITION PROGRAM FOR GENDER DIVERSITY ON BOARD OF
29DIRECTORS OR OTHER GOVERNING BOARD.
301. Effective January 1, 2020, the economic development
31authority shall implement and administer a program that
32provides a certification or other recognition for companies
33that have at least fifty percent women on the company’s board
34of directors or other governing board.
352. The authority shall establish criteria for all of the
-2-1following:
2a. Issuance of a certification or other recognition.
3b. Revocation of the certification or other recognition.
4c. Renewal of the certification or other recognition.
5d. Terms of use for a company that has received the
6certification or other recognition.
73. The authority shall adopt rules pursuant to chapter 17A
8as necessary to implement and administer this section.
9 Sec. 6. PAID FAMILY LEAVE AND MEDICAL LEAVE INSURANCE —
10FEASIBILITY STUDY. The director of the department of workforce
11development shall conduct a study on the feasibility of
12establishing a state-administered paid family leave and medical
13leave insurance program and analyze the associated benefits
14and costs. The director shall determine the premium rates
15and benefit levels appropriate to fully fund and maintain the
16solvency of a family leave and medical leave insurance account.
17The director shall apply for any federal and nonprofit grants
18that may be available to conduct the study.
19The director shall submit a report including findings and
20recommendations to the general assembly no later than December
2115, 2020.
22 Sec. 7. EFFECTIVE DATE. The following, being deemed of
23immediate importance, takes effect upon enactment:
24The section of this Act requiring the department of human
25services to amend its rules to provide income eligibility for
26state child care assistance.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
30This bill relates to specified professional benefits,
31accommodations, and representations.
32UNFAIR AND DISCRIMINATORY PRACTICES. The bill makes it an
33unfair or discriminatory practice for any employer to require,
34as a condition of employment, that an employee refrain from
35disclosing, discussing, or sharing information about wages,
-3-1benefits, or other compensation with other employees, or
2to require an employee to sign a waiver that requires the
3employee to refrain from engaging in such activities. The
4bill prohibits an employer from discriminating or retaliating
5against an employee for engaging in any such activities.
6The bill also prohibits an employer from seeking current or
7historical compensation information from a potential employee
8as a condition of being granted a job interview or extended an
9offer of employment. An employer is prohibited from releasing
10the compensation history of any current or former employee to a
11prospective employer without express written authorization from
12the current or former employee.
13REASONABLE ACCOMMODATION. The bill requires an employer
14to provide a reasonable accommodation to an employee based
15on medical conditions related to the employee’s pregnancy or
16childbirth if upon the advice of the employee’s health care
17provider the employee so requests. “Reasonable accommodation”
18is defined in the bill.
19STATE CHILDCARE ASSISTANCE. Current law provides that
20a family with an income of more than 100 percent but not
21more than 145 percent of the federal poverty level, whose
22family members are working at least 28 hours a week or are
23participating in an approved training program or educational
24program, are eligible to be placed on the wait list for state
25child care assistance. The bill changes the cap on a family’s
26income to 185 percent of the federal poverty level and directs
27the department of human services to amend the department’s
28rules, effective January 1, 2020, to reflect this change. This
29section of the bill related to the rule changes takes effect
30upon enactment.
31CERTIFICATION RECOGNIZING GENDER DIVERSITY. The bill
32requires the economic development authority, by January 1,
332020, to implement and administer a program that provides a
34certification or other recognition for companies that have at
35least 50 percent women on the company’s board of directors. As
-4-1part of the program, the authority is required to establish
2criteria for issuance of a certification, revocation and
3renewal of the certification, or other recognition and terms
4of use for a company that has received the certification. The
5authority shall adopt rules as necessary to implement and
6administer the program.
7PAID FAMILY LEAVE AND MEDICAL LEAVE FEASIBILITY STUDY. The
8bill requires the director of the department of workforce
9development to conduct a study on the feasibility of
10establishing a state-administered paid family leave and medical
11leave insurance program. The director is also required to
12analyze the associated benefits and costs, and determine
13the premium rates and benefit levels appropriate to fully
14fund and maintain the solvency of a family leave and medical
15leave insurance account. The director shall submit a report
16containing the findings and recommendations to the general
17assembly no later than December 15, 2020.
-5-ko/rn
2accommodations, and representations, and including effective
3date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 216.6, subsection 2, Code 2019, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. f. (1) An employer shall provide reasonable
4accommodation to an employee based on medical conditions
5related to the employee’s pregnancy or childbirth if upon the
6advice of the employee’s health care provider the employee
7makes such a request.
8(2) For purposes of this paragraph “f”, “reasonable
9accommodation” means modifications or adjustments to the
10work environment, or to the manner or circumstances under
11which an employee’s position is customarily performed, that
12enable an employee with a medical condition related to the
13employee’s pregnancy or the birth of the employee’s child to
14perform the essential functions of that position. “Reasonable
15accommodation” does not include a change or modification that
16would impose an undue hardship on the employer.
17 Sec. 2. Section 216.6A, Code 2019, is amended by adding the
18following new subsection:
19 NEW SUBSECTION. 2A. It shall be an unfair or discriminatory
20practice for any employer or agent of any employer to do any of
21the following:
22a. Require, as a condition of employment, that an employee
23refrain from disclosing, discussing, or sharing information
24about the employee’s wages, benefits, or other compensation, or
25from inquiring, discussing, or sharing information about any
26other employee’s wages, benefits, or other compensation.
27b. Require, as a condition of employment, that an employee
28sign a waiver or other document that requires the employee
29to refrain from engaging in any activities the employee is
30permitted to engage in under paragraph “a”.
31c. Discriminate or retaliate against an employee for
32engaging in any activities the employee is permitted to engage
33in under paragraph “a”.
34d. Seek current or historical compensation information,
35including but not limited to information on salary and
-1-1benefits, from a potential employee as a condition of being
2granted a job interview or extended an offer of employment.
3This paragraph shall not be construed to prohibit an employer
4from making inquiries of a prospective employee regarding the
5prospective employee’s desired compensation level to accept a
6position with the employer.
7e. Release compensation history, including but not limited
8to information on salary and benefits, of any current or former
9employee, to a prospective employer of the current or former
10employee, without express written authorization from the
11current or former employee.
12 Sec. 3. Section 237A.13, subsection 7, paragraph c, Code
132019, is amended to read as follows:
14c. Families with an income of more than one hundred percent
15but not more than one hundred forty-five eighty-five percent
16of the federal poverty level whose members, for at least
17twenty-eight hours per week in the aggregate, are employed
18or are participating at a satisfactory level in an approved
19training program or educational program.
20 Sec. 4. DIRECTIVE TO DEPARTMENT OF HUMAN SERVICES ON CHILD
21CARE ASSISTANCE. Effective January 1, 2020, the department of
22human services shall amend its administrative rules pursuant
23to chapter 17A to provide income eligibility for state child
24care assistance, according to family size for children needing
25basic care, to families whose nonexempt gross monthly income
26does not exceed one hundred eighty-five percent of the federal
27poverty level.
28 Sec. 5. RECOGNITION PROGRAM FOR GENDER DIVERSITY ON BOARD OF
29DIRECTORS OR OTHER GOVERNING BOARD.
301. Effective January 1, 2020, the economic development
31authority shall implement and administer a program that
32provides a certification or other recognition for companies
33that have at least fifty percent women on the company’s board
34of directors or other governing board.
352. The authority shall establish criteria for all of the
-2-1following:
2a. Issuance of a certification or other recognition.
3b. Revocation of the certification or other recognition.
4c. Renewal of the certification or other recognition.
5d. Terms of use for a company that has received the
6certification or other recognition.
73. The authority shall adopt rules pursuant to chapter 17A
8as necessary to implement and administer this section.
9 Sec. 6. PAID FAMILY LEAVE AND MEDICAL LEAVE INSURANCE —
10FEASIBILITY STUDY. The director of the department of workforce
11development shall conduct a study on the feasibility of
12establishing a state-administered paid family leave and medical
13leave insurance program and analyze the associated benefits
14and costs. The director shall determine the premium rates
15and benefit levels appropriate to fully fund and maintain the
16solvency of a family leave and medical leave insurance account.
17The director shall apply for any federal and nonprofit grants
18that may be available to conduct the study.
19The director shall submit a report including findings and
20recommendations to the general assembly no later than December
2115, 2020.
22 Sec. 7. EFFECTIVE DATE. The following, being deemed of
23immediate importance, takes effect upon enactment:
24The section of this Act requiring the department of human
25services to amend its rules to provide income eligibility for
26state child care assistance.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
30This bill relates to specified professional benefits,
31accommodations, and representations.
32UNFAIR AND DISCRIMINATORY PRACTICES. The bill makes it an
33unfair or discriminatory practice for any employer to require,
34as a condition of employment, that an employee refrain from
35disclosing, discussing, or sharing information about wages,
-3-1benefits, or other compensation with other employees, or
2to require an employee to sign a waiver that requires the
3employee to refrain from engaging in such activities. The
4bill prohibits an employer from discriminating or retaliating
5against an employee for engaging in any such activities.
6The bill also prohibits an employer from seeking current or
7historical compensation information from a potential employee
8as a condition of being granted a job interview or extended an
9offer of employment. An employer is prohibited from releasing
10the compensation history of any current or former employee to a
11prospective employer without express written authorization from
12the current or former employee.
13REASONABLE ACCOMMODATION. The bill requires an employer
14to provide a reasonable accommodation to an employee based
15on medical conditions related to the employee’s pregnancy or
16childbirth if upon the advice of the employee’s health care
17provider the employee so requests. “Reasonable accommodation”
18is defined in the bill.
19STATE CHILDCARE ASSISTANCE. Current law provides that
20a family with an income of more than 100 percent but not
21more than 145 percent of the federal poverty level, whose
22family members are working at least 28 hours a week or are
23participating in an approved training program or educational
24program, are eligible to be placed on the wait list for state
25child care assistance. The bill changes the cap on a family’s
26income to 185 percent of the federal poverty level and directs
27the department of human services to amend the department’s
28rules, effective January 1, 2020, to reflect this change. This
29section of the bill related to the rule changes takes effect
30upon enactment.
31CERTIFICATION RECOGNIZING GENDER DIVERSITY. The bill
32requires the economic development authority, by January 1,
332020, to implement and administer a program that provides a
34certification or other recognition for companies that have at
35least 50 percent women on the company’s board of directors. As
-4-1part of the program, the authority is required to establish
2criteria for issuance of a certification, revocation and
3renewal of the certification, or other recognition and terms
4of use for a company that has received the certification. The
5authority shall adopt rules as necessary to implement and
6administer the program.
7PAID FAMILY LEAVE AND MEDICAL LEAVE FEASIBILITY STUDY. The
8bill requires the director of the department of workforce
9development to conduct a study on the feasibility of
10establishing a state-administered paid family leave and medical
11leave insurance program. The director is also required to
12analyze the associated benefits and costs, and determine
13the premium rates and benefit levels appropriate to fully
14fund and maintain the solvency of a family leave and medical
15leave insurance account. The director shall submit a report
16containing the findings and recommendations to the general
17assembly no later than December 15, 2020.
-5-ko/rn