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House File 272 - IntroducedA Bill ForAn Act 1removing gender identity as a protected class under the
2Iowa civil rights Act.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 216.2, subsection 10, Code 2021, is
2amended by striking the subsection.
3 Sec. 2. Section 216.5, subsections 6 and 8, Code 2021, are
4amended to read as follows:
56. To issue such publications and reports of investigations
6and research as in the judgment of the commission shall tend
7to promote goodwill among the various racial, religious, and
8ethnic groups of the state and which shall tend to minimize or
9eliminate discrimination in public accommodations, employment,
10apprenticeship and on-the-job training programs, vocational
11schools, career and technical education programs, or housing
12because of race, creed, color, sex, sexual orientation, gender
13identity, national origin, religion, ancestry, or disability.
148. To make recommendations to the general assembly for
15such further legislation concerning discrimination because of
16race, creed, color, sex, sexual orientation, gender identity,
17 national origin, religion, ancestry, or disability as it may
18deem necessary and desirable.
19 Sec. 3. Section 216.6, subsection 1, paragraphs a, b, and c,
20Code 2021, are amended to read as follows:
21a. Person to refuse to hire, accept, register, classify,
22or refer for employment, to discharge any employee, or to
23otherwise discriminate in employment against any applicant
24for employment or any employee because of the age, race,
25creed, color, sex, sexual orientation, gender identity,
26 national origin, religion, or disability of such applicant or
27employee, unless based upon the nature of the occupation. If a
28person with a disability is qualified to perform a particular
29occupation, by reason of training or experience, the nature
30of that occupation shall not be the basis for exception to
31the unfair or discriminatory practices prohibited by this
32subsection.
33b. Labor organization or the employees, agents, or members
34thereof to refuse to admit to membership any applicant, to
35expel any member, or to otherwise discriminate against any
-1-1applicant for membership or any member in the privileges,
2rights, or benefits of such membership because of the age,
3race, creed, color, sex, sexual orientation, gender identity,
4 national origin, religion, or disability of such applicant or
5member.
6c. Employer, employment agency, labor organization, or the
7employees, agents, or members thereof to directly or indirectly
8advertise or in any other manner indicate or publicize that
9individuals of any particular age, race, creed, color, sex,
10sexual orientation, gender identity, national origin, religion,
11or disability are unwelcome, objectionable, not acceptable, or
12not solicited for employment or membership unless based on the
13nature of the occupation.
14(1) If a person with a disability is qualified to perform a
15particular occupation by reason of training or experience, the
16nature of that occupation shall not be the basis for exception
17to the unfair or discriminatory practices prohibited by this
18subsection.
19(2) An employer, employment agency, or their employees,
20servants, or agents may offer employment or advertise for
21employment to only persons with disabilities, when other
22applicants have available to them other employment compatible
23with their ability which would not be available to persons
24with disabilities because of their disabilities. Any such
25employment or offer of employment shall not discriminate among
26persons with disabilities on the basis of race, color, creed,
27sex, sexual orientation, gender identity, or national origin.
28 Sec. 4. Section 216.6, subsection 6, paragraph d, Code 2021,
29is amended to read as follows:
30d. Any bona fide religious institution or its educational
31facility, association, corporation, or society with respect
32to any qualifications for employment based on religion, or
33 sexual orientation, or gender identity when such qualifications
34are related to a bona fide religious purpose. A religious
35qualification for instructional personnel or an administrative
-2-1officer, serving in a supervisory capacity of a bona fide
2religious educational facility or religious institution, shall
3be presumed to be a bona fide occupational qualification.
4 Sec. 5. Section 216.6A, subsection 1, paragraph a,
5unnumbered paragraph 1, Code 2021, is amended to read as
6follows:
7The general assembly finds that the practice of
8discriminating against any employee because of the age,
9race, creed, color, sex, sexual orientation, gender identity,
10 national origin, religion, or disability of such employee by
11paying wages to such employee at a rate less than the rate paid
12to other employees does all of the following:
13 Sec. 6. Section 216.6A, subsection 1, paragraph b, Code
142021, is amended to read as follows:
15b. The general assembly declares that it is the policy
16of this state to correct and, as rapidly as possible, to
17eliminate, discriminatory wage practices based on age, race,
18creed, color, sex, sexual orientation, gender identity,
19 national origin, religion, and disability.
20 Sec. 7. Section 216.6A, subsection 2, paragraph a, Code
212021, is amended to read as follows:
22a. It shall be an unfair or discriminatory practice for any
23employer or agent of any employer to discriminate against any
24employee because of the age, race, creed, color, sex, sexual
25orientation, gender identity, national origin, religion, or
26disability of such employee by paying wages to such employee
27at a rate less than the rate paid to other employees who are
28employed within the same establishment for equal work on jobs,
29the performance of which requires equal skill, effort, and
30responsibility, and which are performed under similar working
31conditions. An employer or agent of an employer who is paying
32wages to an employee at a rate less than the rate paid to other
33employees in violation of this section shall not remedy the
34violation by reducing the wage rate of any employee.
35 Sec. 8. Section 216.6A, subsection 3, paragraph d, Code
-3-12021, is amended to read as follows:
2d. Pay differential is based on any other factor other than
3the age, race, creed, color, sex, sexual orientation, gender
4identity, national origin, religion, or disability of such
5employee.
6 Sec. 9. Section 216.7, subsection 1, paragraphs a and b,
7Code 2021, are amended to read as follows:
8a. To refuse or deny to any person because of race,
9creed, color, sex, sexual orientation, gender identity,
10 national origin, religion, or disability the accommodations,
11advantages, facilities, services, or privileges thereof,
12or otherwise to discriminate against any person because of
13race, creed, color, sex, sexual orientation, gender identity,
14 national origin, religion, or disability in the furnishing
15of such accommodations, advantages, facilities, services, or
16privileges.
17b. To directly or indirectly advertise or in any other
18manner indicate or publicize that the patronage of persons of
19any particular race, creed, color, sex, sexual orientation,
20gender identity, national origin, religion, or disability is
21unwelcome, objectionable, not acceptable, or not solicited.
22 Sec. 10. Section 216.7, subsection 2, paragraph a, Code
232021, is amended to read as follows:
24a. Any bona fide religious institution with respect to any
25qualifications the institution may impose based on religion, or
26 sexual orientation, or gender identity when such qualifications
27are related to a bona fide religious purpose.
28 Sec. 11. Section 216.8, subsection 1, paragraphs a, b, c,
29and d, Code 2021, are amended to read as follows:
30a. To refuse to sell, rent, lease, assign, sublease, refuse
31to negotiate, or to otherwise make unavailable, or deny any
32real property or housing accommodation or part, portion, or
33interest therein, to any person because of the race, color,
34creed, sex, sexual orientation, gender identity, religion,
35national origin, disability, or familial status of such person.
-4- 1b. To discriminate against any person because of the
2person’s race, color, creed, sex, sexual orientation, gender
3identity, religion, national origin, disability, or familial
4status, in the terms, conditions, or privileges of the sale,
5rental, lease assignment, or sublease of any real property or
6housing accommodation or any part, portion, or interest in the
7real property or housing accommodation or in the provision of
8services or facilities in connection with the real property or
9housing accommodation.
10c. To directly or indirectly advertise, or in any other
11manner indicate or publicize that the purchase, rental,
12lease, assignment, or sublease of any real property or housing
13accommodation or any part, portion, or interest therein, by
14persons of any particular race, color, creed, sex, sexual
15orientation, gender identity, religion, national origin,
16disability, or familial status is unwelcome, objectionable, not
17acceptable, or not solicited.
18d. To discriminate against the lessee or purchaser of any
19real property or housing accommodation or part, portion, or
20interest of the real property or housing accommodation, or
21against any prospective lessee or purchaser of the property or
22accommodation, because of the race, color, creed, religion,
23sex, sexual orientation, gender identity, disability, age, or
24national origin of persons who may from time to time be present
25in or on the lessee’s or owner’s premises for lawful purposes
26at the invitation of the lessee or owner as friends, guests,
27visitors, relatives, or in any similar capacity.
28 Sec. 12. Section 216.8A, subsections 1, 2, and 5, Code 2021,
29are amended to read as follows:
301. A person shall not induce or attempt to induce another
31person to sell or rent a dwelling by representations regarding
32the entry or prospective entry into a neighborhood of a person
33of a particular race, color, creed, sex, sexual orientation,
34gender identity, religion, national origin, disability, or
35familial status.
-5- 12. A person shall not represent to a person of a particular
2race, color, creed, sex, sexual orientation, gender identity,
3 religion, national origin, disability, or familial status that
4a dwelling is not available for inspection, sale, or rental
5when the dwelling is available for inspection, sale, or rental.
65. A person shall not deny another person access to,
7or membership or participation in, a multiple-listing
8service, real estate brokers’ organization or other service,
9organization, or facility relating to the business of selling
10or renting dwellings, or discriminate against a person in
11terms or conditions of access, membership, or participation in
12such organization because of race, color, creed, sex, sexual
13orientation, gender identity, religion, national origin,
14disability, or familial status.
15 Sec. 13. Section 216.8A, subsection 4, paragraph a, Code
162021, is amended to read as follows:
17a. A person whose business includes engaging in residential
18real estate related transactions shall not discriminate
19against a person in making a residential real estate
20related transaction available or in terms or conditions of
21a residential real estate related transaction because of
22race, color, creed, sex, sexual orientation, gender identity,
23 religion, national origin, disability, or familial status.
24 Sec. 14. Section 216.9, subsection 1, unnumbered paragraph
251, Code 2021, is amended to read as follows:
26It is an unfair or discriminatory practice for any
27educational institution to discriminate on the basis of
28race, creed, color, sex, sexual orientation, gender identity,
29 national origin, religion, or disability in any program or
30activity. Such discriminatory practices shall include but not
31be limited to the following practices:
32 Sec. 15. Section 216.9, subsection 2, Code 2021, is amended
33to read as follows:
342. For the purpose of this section, “educational
35institution” includes any preschool, elementary or secondary
-6-1school, community college, area education agency, or
2postsecondary college or university and their governing boards.
3This section does not prohibit an educational institution
4from maintaining separate toilet facilities, locker rooms, or
5living facilities for the different sexes so long as comparable
6facilities are provided. Nothing in this section shall be
7construed as prohibiting any bona fide religious institution
8from imposing qualifications based on religion, or sexual
9orientation, or gender identity when such qualifications are
10related to a bona fide religious purpose or any institution
11from admitting students of only one sex.
12 Sec. 16. Section 216.10, subsection 1, paragraphs a, b, and
13c, Code 2021, are amended to read as follows:
14a. Creditor to refuse to enter into a consumer credit
15transaction or impose finance charges or other terms or
16conditions more onerous than those regularly extended by that
17creditor to consumers of similar economic backgrounds because
18of age, color, creed, national origin, race, religion, marital
19status, sex, sexual orientation, gender identity, physical
20disability, or familial status.
21b. Person authorized or licensed to do business in this
22state pursuant to chapter 524, 533, 536, or 536A to refuse
23to loan or extend credit or to impose terms or conditions
24more onerous than those regularly extended to persons of
25similar economic backgrounds because of age, color, creed,
26national origin, race, religion, marital status, sex, sexual
27orientation, gender identity, physical disability, or familial
28status.
29c. Creditor to refuse to offer credit life or health and
30accident insurance because of color, creed, national origin,
31race, religion, marital status, age, physical disability,
32sex, sexual orientation, gender identity, or familial status.
33Refusal by a creditor to offer credit life or health and
34accident insurance based upon the age or physical disability of
35the consumer shall not be an unfair or discriminatory practice
-7-1if such denial is based solely upon bona fide underwriting
2considerations not prohibited by Title XIII, subtitle 1.
3 Sec. 17. Section 216.12, subsection 1, paragraph a, Code
42021, is amended to read as follows:
5a. Any bona fide religious institution with respect to
6any qualifications it may impose based on religion, or sexual
7orientation, or gender identity, when the qualifications are
8related to a bona fide religious purpose, unless the religious
9institution owns or operates property for a commercial purpose
10or membership in the religion is restricted on account of race,
11color, or national origin.
12 Sec. 18. Section 216.12A, Code 2021, is amended to read as
13follows:
14216.12A Additional housing exception.
15Sections 216.8 and 216.8A do not prohibit a person engaged
16in the business of furnishing appraisals of real estate from
17taking into consideration factors other than race, color,
18creed, sex, sexual orientation, gender identity, religion,
19national origin, disability, or familial status in appraising
20real estate.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill removes gender identity as a protected class under
25Code chapter 216, the Iowa civil rights Act.
26Under current law, Code chapter 216 prohibits discrimination
27in employment, wages, public accommodations, housing,
28education, and credit practices based upon certain
29characteristics of a person, including gender identity.
30A person who claims to be aggrieved by an unfair or
31discriminatory practice prohibited by Code chapter 216 may
32file a complaint with the Iowa civil rights commission. Code
33chapter 216 defines “gender identity” as the gender-related
34identity of a person, regardless of the person’s assigned sex
35at birth.
-8-cm/jh
2Iowa civil rights Act.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 216.2, subsection 10, Code 2021, is
2amended by striking the subsection.
3 Sec. 2. Section 216.5, subsections 6 and 8, Code 2021, are
4amended to read as follows:
56. To issue such publications and reports of investigations
6and research as in the judgment of the commission shall tend
7to promote goodwill among the various racial, religious, and
8ethnic groups of the state and which shall tend to minimize or
9eliminate discrimination in public accommodations, employment,
10apprenticeship and on-the-job training programs, vocational
11schools, career and technical education programs, or housing
12because of race, creed, color, sex, sexual orientation, gender
13identity, national origin, religion, ancestry, or disability.
148. To make recommendations to the general assembly for
15such further legislation concerning discrimination because of
16race, creed, color, sex, sexual orientation, gender identity,
17 national origin, religion, ancestry, or disability as it may
18deem necessary and desirable.
19 Sec. 3. Section 216.6, subsection 1, paragraphs a, b, and c,
20Code 2021, are amended to read as follows:
21a. Person to refuse to hire, accept, register, classify,
22or refer for employment, to discharge any employee, or to
23otherwise discriminate in employment against any applicant
24for employment or any employee because of the age, race,
25creed, color, sex, sexual orientation, gender identity,
26 national origin, religion, or disability of such applicant or
27employee, unless based upon the nature of the occupation. If a
28person with a disability is qualified to perform a particular
29occupation, by reason of training or experience, the nature
30of that occupation shall not be the basis for exception to
31the unfair or discriminatory practices prohibited by this
32subsection.
33b. Labor organization or the employees, agents, or members
34thereof to refuse to admit to membership any applicant, to
35expel any member, or to otherwise discriminate against any
-1-1applicant for membership or any member in the privileges,
2rights, or benefits of such membership because of the age,
3race, creed, color, sex, sexual orientation, gender identity,
4 national origin, religion, or disability of such applicant or
5member.
6c. Employer, employment agency, labor organization, or the
7employees, agents, or members thereof to directly or indirectly
8advertise or in any other manner indicate or publicize that
9individuals of any particular age, race, creed, color, sex,
10sexual orientation, gender identity, national origin, religion,
11or disability are unwelcome, objectionable, not acceptable, or
12not solicited for employment or membership unless based on the
13nature of the occupation.
14(1) If a person with a disability is qualified to perform a
15particular occupation by reason of training or experience, the
16nature of that occupation shall not be the basis for exception
17to the unfair or discriminatory practices prohibited by this
18subsection.
19(2) An employer, employment agency, or their employees,
20servants, or agents may offer employment or advertise for
21employment to only persons with disabilities, when other
22applicants have available to them other employment compatible
23with their ability which would not be available to persons
24with disabilities because of their disabilities. Any such
25employment or offer of employment shall not discriminate among
26persons with disabilities on the basis of race, color, creed,
27sex, sexual orientation, gender identity, or national origin.
28 Sec. 4. Section 216.6, subsection 6, paragraph d, Code 2021,
29is amended to read as follows:
30d. Any bona fide religious institution or its educational
31facility, association, corporation, or society with respect
32to any qualifications for employment based on religion, or
33 sexual orientation, or gender identity when such qualifications
34are related to a bona fide religious purpose. A religious
35qualification for instructional personnel or an administrative
-2-1officer, serving in a supervisory capacity of a bona fide
2religious educational facility or religious institution, shall
3be presumed to be a bona fide occupational qualification.
4 Sec. 5. Section 216.6A, subsection 1, paragraph a,
5unnumbered paragraph 1, Code 2021, is amended to read as
6follows:
7The general assembly finds that the practice of
8discriminating against any employee because of the age,
9race, creed, color, sex, sexual orientation, gender identity,
10 national origin, religion, or disability of such employee by
11paying wages to such employee at a rate less than the rate paid
12to other employees does all of the following:
13 Sec. 6. Section 216.6A, subsection 1, paragraph b, Code
142021, is amended to read as follows:
15b. The general assembly declares that it is the policy
16of this state to correct and, as rapidly as possible, to
17eliminate, discriminatory wage practices based on age, race,
18creed, color, sex, sexual orientation, gender identity,
19 national origin, religion, and disability.
20 Sec. 7. Section 216.6A, subsection 2, paragraph a, Code
212021, is amended to read as follows:
22a. It shall be an unfair or discriminatory practice for any
23employer or agent of any employer to discriminate against any
24employee because of the age, race, creed, color, sex, sexual
25orientation, gender identity, national origin, religion, or
26disability of such employee by paying wages to such employee
27at a rate less than the rate paid to other employees who are
28employed within the same establishment for equal work on jobs,
29the performance of which requires equal skill, effort, and
30responsibility, and which are performed under similar working
31conditions. An employer or agent of an employer who is paying
32wages to an employee at a rate less than the rate paid to other
33employees in violation of this section shall not remedy the
34violation by reducing the wage rate of any employee.
35 Sec. 8. Section 216.6A, subsection 3, paragraph d, Code
-3-12021, is amended to read as follows:
2d. Pay differential is based on any other factor other than
3the age, race, creed, color, sex, sexual orientation, gender
4identity, national origin, religion, or disability of such
5employee.
6 Sec. 9. Section 216.7, subsection 1, paragraphs a and b,
7Code 2021, are amended to read as follows:
8a. To refuse or deny to any person because of race,
9creed, color, sex, sexual orientation, gender identity,
10 national origin, religion, or disability the accommodations,
11advantages, facilities, services, or privileges thereof,
12or otherwise to discriminate against any person because of
13race, creed, color, sex, sexual orientation, gender identity,
14 national origin, religion, or disability in the furnishing
15of such accommodations, advantages, facilities, services, or
16privileges.
17b. To directly or indirectly advertise or in any other
18manner indicate or publicize that the patronage of persons of
19any particular race, creed, color, sex, sexual orientation,
20gender identity, national origin, religion, or disability is
21unwelcome, objectionable, not acceptable, or not solicited.
22 Sec. 10. Section 216.7, subsection 2, paragraph a, Code
232021, is amended to read as follows:
24a. Any bona fide religious institution with respect to any
25qualifications the institution may impose based on religion, or
26 sexual orientation, or gender identity when such qualifications
27are related to a bona fide religious purpose.
28 Sec. 11. Section 216.8, subsection 1, paragraphs a, b, c,
29and d, Code 2021, are amended to read as follows:
30a. To refuse to sell, rent, lease, assign, sublease, refuse
31to negotiate, or to otherwise make unavailable, or deny any
32real property or housing accommodation or part, portion, or
33interest therein, to any person because of the race, color,
34creed, sex, sexual orientation, gender identity, religion,
35national origin, disability, or familial status of such person.
-4- 1b. To discriminate against any person because of the
2person’s race, color, creed, sex, sexual orientation, gender
3identity, religion, national origin, disability, or familial
4status, in the terms, conditions, or privileges of the sale,
5rental, lease assignment, or sublease of any real property or
6housing accommodation or any part, portion, or interest in the
7real property or housing accommodation or in the provision of
8services or facilities in connection with the real property or
9housing accommodation.
10c. To directly or indirectly advertise, or in any other
11manner indicate or publicize that the purchase, rental,
12lease, assignment, or sublease of any real property or housing
13accommodation or any part, portion, or interest therein, by
14persons of any particular race, color, creed, sex, sexual
15orientation, gender identity, religion, national origin,
16disability, or familial status is unwelcome, objectionable, not
17acceptable, or not solicited.
18d. To discriminate against the lessee or purchaser of any
19real property or housing accommodation or part, portion, or
20interest of the real property or housing accommodation, or
21against any prospective lessee or purchaser of the property or
22accommodation, because of the race, color, creed, religion,
23sex, sexual orientation, gender identity, disability, age, or
24national origin of persons who may from time to time be present
25in or on the lessee’s or owner’s premises for lawful purposes
26at the invitation of the lessee or owner as friends, guests,
27visitors, relatives, or in any similar capacity.
28 Sec. 12. Section 216.8A, subsections 1, 2, and 5, Code 2021,
29are amended to read as follows:
301. A person shall not induce or attempt to induce another
31person to sell or rent a dwelling by representations regarding
32the entry or prospective entry into a neighborhood of a person
33of a particular race, color, creed, sex, sexual orientation,
34gender identity, religion, national origin, disability, or
35familial status.
-5- 12. A person shall not represent to a person of a particular
2race, color, creed, sex, sexual orientation, gender identity,
3 religion, national origin, disability, or familial status that
4a dwelling is not available for inspection, sale, or rental
5when the dwelling is available for inspection, sale, or rental.
65. A person shall not deny another person access to,
7or membership or participation in, a multiple-listing
8service, real estate brokers’ organization or other service,
9organization, or facility relating to the business of selling
10or renting dwellings, or discriminate against a person in
11terms or conditions of access, membership, or participation in
12such organization because of race, color, creed, sex, sexual
13orientation, gender identity, religion, national origin,
14disability, or familial status.
15 Sec. 13. Section 216.8A, subsection 4, paragraph a, Code
162021, is amended to read as follows:
17a. A person whose business includes engaging in residential
18real estate related transactions shall not discriminate
19against a person in making a residential real estate
20related transaction available or in terms or conditions of
21a residential real estate related transaction because of
22race, color, creed, sex, sexual orientation, gender identity,
23 religion, national origin, disability, or familial status.
24 Sec. 14. Section 216.9, subsection 1, unnumbered paragraph
251, Code 2021, is amended to read as follows:
26It is an unfair or discriminatory practice for any
27educational institution to discriminate on the basis of
28race, creed, color, sex, sexual orientation, gender identity,
29 national origin, religion, or disability in any program or
30activity. Such discriminatory practices shall include but not
31be limited to the following practices:
32 Sec. 15. Section 216.9, subsection 2, Code 2021, is amended
33to read as follows:
342. For the purpose of this section, “educational
35institution” includes any preschool, elementary or secondary
-6-1school, community college, area education agency, or
2postsecondary college or university and their governing boards.
3This section does not prohibit an educational institution
4from maintaining separate toilet facilities, locker rooms, or
5living facilities for the different sexes so long as comparable
6facilities are provided. Nothing in this section shall be
7construed as prohibiting any bona fide religious institution
8from imposing qualifications based on religion, or sexual
9orientation, or gender identity when such qualifications are
10related to a bona fide religious purpose or any institution
11from admitting students of only one sex.
12 Sec. 16. Section 216.10, subsection 1, paragraphs a, b, and
13c, Code 2021, are amended to read as follows:
14a. Creditor to refuse to enter into a consumer credit
15transaction or impose finance charges or other terms or
16conditions more onerous than those regularly extended by that
17creditor to consumers of similar economic backgrounds because
18of age, color, creed, national origin, race, religion, marital
19status, sex, sexual orientation, gender identity, physical
20disability, or familial status.
21b. Person authorized or licensed to do business in this
22state pursuant to chapter 524, 533, 536, or 536A to refuse
23to loan or extend credit or to impose terms or conditions
24more onerous than those regularly extended to persons of
25similar economic backgrounds because of age, color, creed,
26national origin, race, religion, marital status, sex, sexual
27orientation, gender identity, physical disability, or familial
28status.
29c. Creditor to refuse to offer credit life or health and
30accident insurance because of color, creed, national origin,
31race, religion, marital status, age, physical disability,
32sex, sexual orientation, gender identity, or familial status.
33Refusal by a creditor to offer credit life or health and
34accident insurance based upon the age or physical disability of
35the consumer shall not be an unfair or discriminatory practice
-7-1if such denial is based solely upon bona fide underwriting
2considerations not prohibited by Title XIII, subtitle 1.
3 Sec. 17. Section 216.12, subsection 1, paragraph a, Code
42021, is amended to read as follows:
5a. Any bona fide religious institution with respect to
6any qualifications it may impose based on religion, or sexual
7orientation, or gender identity, when the qualifications are
8related to a bona fide religious purpose, unless the religious
9institution owns or operates property for a commercial purpose
10or membership in the religion is restricted on account of race,
11color, or national origin.
12 Sec. 18. Section 216.12A, Code 2021, is amended to read as
13follows:
14216.12A Additional housing exception.
15Sections 216.8 and 216.8A do not prohibit a person engaged
16in the business of furnishing appraisals of real estate from
17taking into consideration factors other than race, color,
18creed, sex, sexual orientation, gender identity, religion,
19national origin, disability, or familial status in appraising
20real estate.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill removes gender identity as a protected class under
25Code chapter 216, the Iowa civil rights Act.
26Under current law, Code chapter 216 prohibits discrimination
27in employment, wages, public accommodations, housing,
28education, and credit practices based upon certain
29characteristics of a person, including gender identity.
30A person who claims to be aggrieved by an unfair or
31discriminatory practice prohibited by Code chapter 216 may
32file a complaint with the Iowa civil rights commission. Code
33chapter 216 defines “gender identity” as the gender-related
34identity of a person, regardless of the person’s assigned sex
35at birth.
-8-cm/jh