House File 41 - IntroducedA Bill ForAn Act 1relating to unfair or discriminatory employment
2practices based upon issues relating to reproductive health,
3and including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 216.2, subsection 15, Code 2021, is
2amended to read as follows:
   315.  “Unfair practice” or “discriminatory practice” means
4those practices specified as unfair or discriminatory in
5sections 216.6, 216.6A, 216.6B, 216.7, 216.8, 216.8A, 216.8B,
6216.9, 216.10, 216.11, and 216.11A.
7   Sec. 2.  NEW SECTION.  216.6B  Additional unfair or
8discriminatory employment practices — reproductive health.
   91.  It shall be an unfair or discriminatory practice for any
10employer to do any of the following:
   11a.  Take any adverse employment action against an employee
12based on the use of any drug, device, or medical service
13related to reproductive health by the employee or the
14employee’s spouse or dependent.
   15b.  Require an employee to sign a waiver or other document
16which purports to deny an employee, or an employee’s spouse or
17dependents, the right to make the employee’s or the employee’s
18spouse or dependents own reproductive health care decisions,
19including whether to use any particular drug, device, or
20medical service.
   21c.  Take any adverse employment action in retaliation
22against an employee for asserting rights or remedies under this
23section.
   242.  An employer who provides an employee handbook to the
25employer’s employees shall include in the handbook notice of
26the employee’s rights and remedies under this section.
   273.  For purposes of this section, “adverse employment action”
28means termination, demotion or refusal to promote or advance,
29loss of career specialty, reassignment to a different shift,
30reduction of wages or benefits, refusal to provide training
31opportunities or transfer to a different department, adverse
32administrative action, or any other penalty or disciplinary or
33retaliatory action.
   344.  This section shall not apply to any of the following:
   35a.  Any bona fide religious institution with respect to any
-1-1qualifications the institution may impose based on religion,
2sexual orientation, or gender identity when such qualifications
3are related to a bona fide religious purpose.
   4b.  Any employer who regularly employs less than four
5individuals. For purposes of this paragraph, individuals who
6are members of the employer’s family shall not be counted as
7employees.
8   Sec. 3.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of
9immediate importance, takes effect upon enactment.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
   13This bill relates to unfair or discriminatory employment
14practices based upon reproductive health decisions.
   15The bill specifies that it is an unfair or discriminatory
16practice for any employer to do any of the following:
   171. Take any adverse employment action against an employee
18based on the use of any drug, device, or medical service
19related to reproductive health by the employee or the
20employee’s spouse or dependent;
   212. Require an employee to sign a waiver or other document
22which purports to deny an employee, or an employee’s spouse or
23dependents, the right to make the employee’s or the employee’s
24spouse or dependents own reproductive health care decisions,
25including whether to use any particular drug, device, or
26medical service; or
   273. Take any adverse employment action in retaliation
28against an employee for asserting rights or remedies under the
29bill.
   30The bill requires an employer who provides an employee
31handbook to the employer’s employees to include in the handbook
32notice of the employee’s rights and remedies under the bill.
   33The bill defines “adverse employment action” for the
34purposes of the bill; and provides that the bill does not apply
35to any bona fide religious institution with respect to any
-2-1qualifications the institution may impose based on religion,
2sexual orientation, or gender identity when such qualifications
3are related to a bona fide religious purpose or to any employer
4who regularly employs less than four individuals.
   5The bill takes effect upon enactment.
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