House Study Bill 67 - IntroducedA Bill ForAn Act 1providing that political ideology is a protected class
2under the Iowa civil rights Act of 1965.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 216.5, subsections 6 and 8, Code 2021,
2are amended to read as follows:
   36.  To issue such publications and reports of investigations
4and research as in the judgment of the commission shall tend
5to promote goodwill among the various racial, religious, and
6ethnic groups of the state and which shall tend to minimize or
7eliminate discrimination in public accommodations, employment,
8apprenticeship and on-the-job training programs, vocational
9schools, career and technical education programs, or housing
10because of race, creed, color, sex, sexual orientation, gender
11identity, national origin, religion, ancestry, political
12ideology,
or disability.
   138.  To make recommendations to the general assembly for
14such further legislation concerning discrimination because of
15race, creed, color, sex, sexual orientation, gender identity,
16national origin, religion, ancestry, political ideology, or
17disability as it may deem necessary and desirable.
18   Sec. 2.  Section 216.6, subsection 1, paragraphs a, b, and c,
19Code 2021, are amended to read as follows:
   20a.  Person to refuse to hire, accept, register, classify,
21or refer for employment, to discharge any employee, or to
22otherwise discriminate in employment against any applicant for
23employment or any employee because of the age, race, creed,
24color, sex, sexual orientation, gender identity, national
25origin, religion, political ideology, or disability of such
26applicant or employee, unless based upon the nature of the
27occupation. If a person with a disability is qualified to
28perform a particular occupation, by reason of training or
29experience, the nature of that occupation shall not be the
30basis for exception to the unfair or discriminatory practices
31prohibited by this subsection.
   32b.  Labor organization or the employees, agents, or members
33thereof to refuse to admit to membership any applicant, to
34expel any member, or to otherwise discriminate against any
35applicant for membership or any member in the privileges,
-1-1rights, or benefits of such membership because of the age,
2race, creed, color, sex, sexual orientation, gender identity,
3national origin, religion, political ideology, or disability of
4such applicant or member.
   5c.  Employer, employment agency, labor organization, or the
6employees, agents, or members thereof to directly or indirectly
7advertise or in any other manner indicate or publicize that
8individuals of any particular age, race, creed, color, sex,
9sexual orientation, gender identity, national origin, religion,
 10political ideology, or disability are unwelcome, objectionable,
11not acceptable, or not solicited for employment or membership
12unless based on the nature of the occupation.
   13(1)  If a person with a disability is qualified to perform a
14particular occupation by reason of training or experience, the
15nature of that occupation shall not be the basis for exception
16to the unfair or discriminatory practices prohibited by this
17subsection.
   18(2)  An employer, employment agency, or their employees,
19servants, or agents may offer employment or advertise for
20employment to only persons with disabilities, when other
21applicants have available to them other employment compatible
22with their ability which would not be available to persons
23with disabilities because of their disabilities. Any such
24employment or offer of employment shall not discriminate among
25persons with disabilities on the basis of race, color, creed,
26sex, sexual orientation, gender identity, political ideology,
27 or national origin.
28   Sec. 3.  Section 216.6A, subsections 1, 2, and 3, Code 2021,
29are amended to read as follows:
   301.  a.  The general assembly finds that the practice of
31discriminating against any employee because of the age,
32race, creed, color, sex, sexual orientation, gender identity,
33national origin, religion, political ideology, or disability
34of such employee by paying wages to such employee at a rate
35less than the rate paid to other employees does all of the
-2-1following:
   2(1)  Unjustly discriminates against the person receiving the
3lesser rate.
   4(2)  Leads to low employee morale, high turnover, and
5frequent labor unrest.
   6(3)  Discourages employees paid at lesser wage rates from
7training for higher level jobs.
   8(4)  Curtails employment opportunities, decreases employees’
9mobility, and increases labor costs.
   10(5)  Impairs purchasing power and threatens the maintenance
11of an adequate standard of living by such employees and their
12families.
   13(6)  Prevents optimum utilization of the state’s available
14labor resources.
   15(7)  Threatens the well-being of citizens of this state and
16adversely affects the general welfare.
   17b.  The general assembly declares that it is the policy
18of this state to correct and, as rapidly as possible, to
19eliminate, discriminatory wage practices based on age, race,
20creed, color, sex, sexual orientation, gender identity,
21national origin, religion, political ideology, and disability.
   222.  a.  It shall be an unfair or discriminatory practice for
23any employer or agent of any employer to discriminate against
24any employee because of the age, race, creed, color, sex,
25sexual orientation, gender identity, national origin, religion,
 26political ideology, or disability of such employee by paying
27wages to such employee at a rate less than the rate paid to
28other employees who are employed within the same establishment
29for equal work on jobs, the performance of which requires equal
30skill, effort, and responsibility, and which are performed
31under similar working conditions. An employer or agent of an
32employer who is paying wages to an employee at a rate less than
33the rate paid to other employees in violation of this section
34shall not remedy the violation by reducing the wage rate of any
35employee.
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   1b.  For purposes of this subsection, an unfair or
2discriminatory practice occurs when a discriminatory pay
3decision or other practice is adopted, when an individual
4becomes subject to a discriminatory pay decision or other
5practice, or when an individual is affected by application of a
6discriminatory pay decision or other practice, including each
7time wages, benefits, or other compensation is paid, resulting
8in whole or in part from such a decision or other practice.
   93.  It shall be an affirmative defense to a claim arising
10under this section if any of the following applies:
   11a.  Payment of wages is made pursuant to a seniority system.
   12b.  Payment of wages is made pursuant to a merit system.
   13c.  Payment of wages is made pursuant to a system which
14measures earnings by quantity or quality of production.
   15d.  Pay differential is based on any other factor other than
16the age, race, creed, color, sex, sexual orientation, gender
17identity, national origin, religion, political ideology, or
18disability of such employee.
19   Sec. 4.  Section 216.7, subsection 1, paragraphs a and b,
20Code 2021, are amended to read as follows:
   21a.  To refuse or deny to any person because of race, creed,
22color, sex, sexual orientation, gender identity, national
23origin, religion, political ideology, or disability the
24accommodations, advantages, facilities, services, or privileges
25thereof, or otherwise to discriminate against any person
26because of race, creed, color, sex, sexual orientation, gender
27identity, national origin, religion, political ideology,
28 or disability in the furnishing of such accommodations,
29advantages, facilities, services, or privileges.
   30b.  To directly or indirectly advertise or in any other
31manner indicate or publicize that the patronage of persons of
32any particular race, creed, color, sex, sexual orientation,
33gender identity, national origin, religion, political ideology,
34 or disability is unwelcome, objectionable, not acceptable, or
35not solicited.
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1   Sec. 5.  Section 216.8, subsection 1, paragraphs a, b, c, and
2d, Code 2021, are amended to read as follows:
   3a.  To refuse to sell, rent, lease, assign, sublease, refuse
4to negotiate, or to otherwise make unavailable, or deny any
5real property or housing accommodation or part, portion, or
6interest therein, to any person because of the race, color,
7creed, sex, sexual orientation, gender identity, religion,
8national origin, disability, political ideology, or familial
9status of such person.
   10b.  To discriminate against any person because of the
11person’s race, color, creed, sex, sexual orientation, gender
12identity, religion, national origin, disability, political
13ideology,
or familial status, in the terms, conditions,
14or privileges of the sale, rental, lease assignment, or
15sublease of any real property or housing accommodation or any
16part, portion, or interest in the real property or housing
17accommodation or in the provision of services or facilities in
18connection with the real property or housing accommodation.
   19c.  To directly or indirectly advertise, or in any other
20manner indicate or publicize that the purchase, rental,
21lease, assignment, or sublease of any real property or
22housing accommodation or any part, portion, or interest
23therein, by persons of any particular race, color, creed,
24sex, sexual orientation, gender identity, religion, national
25origin, disability, political ideology, or familial status is
26unwelcome, objectionable, not acceptable, or not solicited.
   27d.  To discriminate against the lessee or purchaser of any
28real property or housing accommodation or part, portion, or
29interest of the real property or housing accommodation, or
30against any prospective lessee or purchaser of the property or
31accommodation, because of the race, color, creed, religion,
32sex, sexual orientation, gender identity, disability, age,
 33political ideology, or national origin of persons who may
34from time to time be present in or on the lessee’s or owner’s
35premises for lawful purposes at the invitation of the lessee
-5-1or owner as friends, guests, visitors, relatives, or in any
2similar capacity.
3   Sec. 6.  Section 216.8A, subsections 1, 2, 4, and 5, Code
42021, are amended to read as follows:
   51.  A person shall not induce or attempt to induce another
6person to sell or rent a dwelling by representations regarding
7the entry or prospective entry into a neighborhood of a person
8of a particular race, color, creed, sex, sexual orientation,
9gender identity, religion, national origin, disability,
 10political ideology, or familial status.
   112.  A person shall not represent to a person of a particular
12race, color, creed, sex, sexual orientation, gender identity,
13religion, national origin, disability, political ideology,
14 or familial status that a dwelling is not available for
15inspection, sale, or rental when the dwelling is available for
16inspection, sale, or rental.
   174.  a.  A person whose business includes engaging in
18residential real estate related transactions shall not
19discriminate against a person in making a residential real
20estate related transaction available or in terms or conditions
21of a residential real estate related transaction because of
22race, color, creed, sex, sexual orientation, gender identity,
23religion, national origin, disability, political ideology, or
24familial status.
   25b.  For the purpose of this subsection, “residential real
26estate related transaction”
means any of the following:
   27(1)  To make or purchase loans or provide other financial
28assistance to purchase, construct, improve, repair, or maintain
29a dwelling, or to secure residential real estate.
   30(2)  To sell, broker, or appraise residential real estate.
   315.  A person shall not deny another person access to,
32or membership or participation in, a multiple-listing
33service, real estate brokers’ organization or other service,
34organization, or facility relating to the business of selling
35or renting dwellings, or discriminate against a person in
-6-1terms or conditions of access, membership, or participation in
2such organization because of race, color, creed, sex, sexual
3orientation, gender identity, religion, national origin,
4disability, political ideology, or familial status.
5   Sec. 7.  Section 216.9, subsection 1, unnumbered paragraph
61, Code 2021, is amended to read as follows:
   7It is an unfair or discriminatory practice for any
8educational institution to discriminate on the basis of
9race, creed, color, sex, sexual orientation, gender identity,
10national origin, religion, political ideology, or disability in
11any program or activity. Such discriminatory practices shall
12include but not be limited to the following practices:
13   Sec. 8.  Section 216.10, subsection 1, paragraphs a, b, and
14c, Code 2021, are amended to read as follows:
   15a.  Creditor to refuse to enter into a consumer credit
16transaction or impose finance charges or other terms or
17conditions more onerous than those regularly extended by that
18creditor to consumers of similar economic backgrounds because
19of age, color, creed, national origin, race, religion, marital
20status, sex, sexual orientation, gender identity, physical
21disability, political ideology, or familial status.
   22b.  Person authorized or licensed to do business in this
23state pursuant to chapter 524, 533, 536, or 536A to refuse
24to loan or extend credit or to impose terms or conditions
25more onerous than those regularly extended to persons of
26similar economic backgrounds because of age, color, creed,
27national origin, race, religion, marital status, sex, sexual
28orientation, gender identity, physical disability, political
29ideology,
or familial status.
   30c.  Creditor to refuse to offer credit life or health and
31accident insurance because of color, creed, national origin,
32race, religion, marital status, age, physical disability,
33sex, sexual orientation, gender identity, political ideology,
34 or familial status. Refusal by a creditor to offer credit
35life or health and accident insurance based upon the age or
-7-1physical disability of the consumer shall not be an unfair or
2discriminatory practice if such denial is based solely upon
3bona fide underwriting considerations not prohibited by Title
4XIII, subtitle 1.
5   Sec. 9.  Section 216.12A, Code 2021, is amended to read as
6follows:
   7216.12A  Additional housing exception.
   8Sections 216.8 and 216.8A do not prohibit a person engaged
9in the business of furnishing appraisals of real estate from
10taking into consideration factors other than race, color,
11creed, sex, sexual orientation, gender identity, religion,
12national origin, disability, political ideology, or familial
13status in appraising real estate.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
   17This bill adds political ideology as a protected class
18to the Iowa civil rights Act of 1965. Under current law,
19protected classes include age, race, color, creed, sex, sexual
20orientation, gender identity, religion, national origin,
21disability, marital status, and familial status.
   22The Iowa civil rights Act prohibits discrimination in
23employment, wages, public accommodations, housing, education,
24and credit practices based upon certain characteristics of a
25person. A person who claims to be aggrieved by an unfair or
26discriminatory practice prohibited by the Iowa civil rights Act
27may file a complaint with the Iowa civil rights commission.
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