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Senate File 221 - IntroducedA Bill ForAn Act 1relating to sexual harassment in employment and working
2relationships, and including effective date provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 216.6B Additional unfair or
2discriminatory practice — sexual harassment in employment.
31. As used in this section, “sexual harassment” means
4persistent, repetitive, or highly egregious conduct directed
5at a specific individual or group of individuals that a
6reasonable person would interpret as harassment of a sexual
7nature, taking into consideration the full context in which the
8conduct occurs, which conduct threatens to impair the ability
9of a person to perform the duties of employment or otherwise
10function normally within an institution responsible for a
11person’s care, rehabilitation, education, or training.
122. a. All employers, employment agencies, and labor
13organizations have an obligation to ensure a workplace that is
14free from sexual harassment.
15b. All persons who engage a person to perform work or
16services have an obligation to ensure a working relationship
17with that person that is free from sexual harassment.
183. Every employer shall:
19a. Adopt a written policy against sexual harassment which
20shall include all of the following:
21(1) A statement that sexual harassment in the workplace is
22unlawful.
23(2) A statement that it is unlawful to retaliate against
24an employee for filing a complaint of sexual harassment or for
25cooperating in an investigation of sexual harassment.
26(3) A description and examples of sexual harassment.
27(4) A statement of the range of consequences for employees
28who commit sexual harassment.
29(5) If the employer has more than five employees, a
30description of the process for filing internal complaints about
31sexual harassment and the names, addresses, and telephone
32numbers of the person or persons to whom complaints should be
33made.
34(6) The complaint process of the appropriate local, state,
35and federal employment discrimination enforcement agencies, and
-1-1directions as to how to contact such agencies.
2b. Post in a prominent and accessible location in the
3workplace, a poster providing, at a minimum, the elements of
4the employer's sexual harassment policy required by paragraph
5“a”.
6c. Provide to all employees a written copy of the employer's
7policy against sexual harassment in the employee’s preferred,
8first, or native language.
94. a. An employer shall provide a copy of the employer’s
10written policies to new employees when hired in the employee’s
11preferred, first, or native language.
12b. If an employer makes changes to its policy against sexual
13harassment, the employer shall provide to all employees a
14written copy of the updated policy in the employee’s preferred,
15first, or native language.
165. The commission shall prepare and provide to employers a
17model policy and a model poster, which may be used by employers
18for the purposes of this section.
196. An assertion that an employee did not receive the
20information required to be provided by this section shall
21not result in the automatic liability of any employer to any
22current or former employee or applicant in any action alleging
23sexual harassment. An employer’s compliance with the notice
24requirements of this section does not preclude the employer
25from liability for sexual harassment of any current or former
26employee or applicant.
277. a. Employers and labor organizations are encouraged to
28conduct an education and training program for all new employees
29and members that includes at a minimum all the information
30outlined in this section within one year after commencement of
31employment.
32b. Employers and labor organizations are encouraged to
33conduct an annual education and training program for all
34employees and members that includes at a minimum all the
35information outlined in this section.
-2- 1c. Employers are encouraged to conduct additional training
2for new supervisory and managerial employees and members within
3one year after commencement of employment or membership, which
4should include at a minimum the information outlined in this
5section, the specific responsibilities of supervisory and
6managerial employees, and the actions that these employees must
7take to ensure immediate and appropriate corrective action in
8addressing sexual harassment complaints.
9d. Employers, labor organizations, and appropriate state
10agencies are encouraged to cooperate in making this training
11available.
128. In addition to the conditions described in section
13216.11, subsection 2, a person shall also receive the
14protections against retaliation described in section 216.11,
15subsection 2, if the person reported the harassment or was
16involved in the discipline or termination of employment of the
17employee accused of harassment, even if such person does not
18participate in the investigation of the harassment.
199. a. An employer shall not require any employee or
20prospective employee, as a condition of employment, to sign an
21agreement or waiver that does any of the following:
22(1) Prohibits, prevents, or otherwise restricts the
23employee or prospective employee from opposing, disclosing,
24reporting, or participating in an investigation of sexual
25harassment.
26(2) Except as otherwise permitted by state or federal law,
27purports to waive a substantive or procedural right or remedy
28available to the employee with respect to a claim of sexual
29harassment.
30b. An agreement to settle a sexual harassment claim shall
31expressly state all of the following:
32(1) That the agreement does not prohibit, prevent, or
33otherwise restrict the individual who made the claim from doing
34any of the following:
35(a) Lodging a complaint of sexual harassment committed by
-3-1any person with the commission, the federal equal employment
2opportunity commission, or any other local, state, or federal
3agency.
4(b) Testifying, assisting, or participating in any manner
5with an investigation related to a claim of sexual harassment
6conducted by the commission, the federal equal employment
7opportunity commission, or any other local, state, or federal
8agency.
9(c) Complying with a valid request for discovery in relation
10to civil litigation or testifying in a hearing or trial
11related to a claim of sexual harassment that is conducted by a
12court, pursuant to an arbitration agreement, or before another
13appropriate tribunal.
14(d) Exercising any right the individual may have pursuant to
15state or federal labor relations laws to engage in concerted
16activities with other employees for the purposes of collective
17bargaining or mutual aid and protection.
18(e) (i) For the purposes of this subparagraph division,
19“pursuing” means taking steps to file a criminal complaint
20including but not limited to speaking with a peace officer
21as defined in section 801.4 or a county attorney regarding
22criminal harassment, filing a criminal complaint, or assisting
23a peace officer or county attorney in the prosecution of a
24criminal complaint.
25(ii) Pursuing a criminal complaint.
26(2) That the agreement does not waive any rights or claims
27that may arise after the date the settlement agreement is
28executed.
29c. Any provision of an agreement to settle a sexual
30harassment claim that violates paragraph “b” shall be void and
31unenforceable against the individual who made the claim.
32d. Nothing in subparagraph (2) of paragraph “b” shall be
33construed to prevent an agreement to settle a sexual harassment
34claim from waiving or releasing the claimant’s right to seek
35or obtain any remedies relating to sexual harassment of the
-4-1claimant by another party to the agreement that occurred before
2the date on which the agreement is executed.
3e. (1) (a) (i) For the purpose of assessing compliance
4with the provisions of this section, the commission may with
5forty-eight hours’ notice, at reasonable times and without
6unduly disrupting business operations, enter and inspect any
7place of employment, question any person who is authorized by
8the employer to receive or investigate complaints of sexual
9harassment, and examine an employer’s records, policies,
10procedures, and training materials related to the prevention of
11sexual harassment and the requirements of this section.
12(ii) An employer may agree to waive or shorten the
13forty-eight-hour notice period.
14(iii) As used in subparagraph subdivision (i), the term
15“records” includes de-identified data regarding the number of
16complaints of sexual harassment received and the resolution of
17each complaint.
18(b) The employer shall at reasonable times and without
19unduly disrupting business operations make any persons who are
20authorized by the employer to receive or investigate complaints
21of sexual harassment and any records, policies, procedures,
22and training materials related to the prevention of sexual
23harassment and the requirements of this section available to
24the commission or designee.
25(2) Following an inspection and examination pursuant to
26subparagraph division (a) of this paragraph “e”, the commission
27shall notify the employer of the results of the inspection and
28examination, including any issues or deficiencies identified,
29provide resources regarding practices and procedures for the
30prevention of sexual harassment that the employer may wish
31to adopt or utilize, and identify any technical assistance
32that the commission may be able to provide to help the
33employer address any identified issues or deficiencies. If
34the commission determines that it is necessary to ensure the
35employer’s workplace is free from sexual harassment, the
-5-1employer may be required, for a period of up to three years, to
2provide an annual education and training program that satisfies
3the provisions of subparagraph (4) of this paragraph “e” to all
4employees or to conduct an annual, anonymous working-climate
5survey, or both.
6(3) Pursuant to and consistent with section 216.15,
7subsection 5, the commission shall keep the records, materials,
8and information related to or obtained through an inspection
9carried out through an investigation or effort to resolve a
10discriminatory or unfair practice confidential.
11(4) If required by the commission pursuant to subparagraph
12(2) of this paragraph “e”, an employer shall conduct all of the
13following:
14(a) An annual education and training program for all
15employees that includes at a minimum all the information
16outlined in this section.
17(b) An annual education and training program for
18supervisory and managerial employees that includes at a minimum
19all the information outlined in subparagraph (2) of this
20paragraph “e”, the specific responsibilities of supervisory
21and managerial employees, and the actions that these employees
22must take to ensure immediate and appropriate corrective action
23taken in addressing sexual harassment complaints.
2410. The commission shall adopt rules pursuant to chapter 17A
25to administer this section.
26 Sec. 2. Section 19B.12, subsection 4, Code 2021, is amended
27to read as follows:
284. The department of administrative services for all state
29agencies, and the state board of regents for its institutions,
30shall adopt rules and appropriate internal, confidential
31grievance procedures to implement this section, and shall
32adopt procedures for determining violations of this section
33and for ordering appropriate dispositions that may include,
34but are not limited to, discharge, suspension, or reduction in
35rank or grade as defined in section 8A.413, subsection 19. An
-6-1accurate representation of all complaints of sexual harassment
2shall be forwarded to the employee accused of harassment and
3the supervisor of the complainant accompanied by a statement
4indicating that retaliation is prohibited by section 216.11,
5subsection 2.
6 Sec. 3. Section 216.2, subsection 15, Code 2021, is amended
7to read as follows:
815. “Unfair practice” or “discriminatory practice” means
9those practices specified as unfair or discriminatory in
10sections 216.6, 216.6A, 216.6B, 216.7, 216.8, 216.8A, 216.8B,
11216.9, 216.10, 216.11, and 216.11A.
12 Sec. 4. Section 216.15, subsection 1, Code 2021, is amended
13to read as follows:
141. Any person claiming to be aggrieved by a discriminatory
15or unfair practice may, in person or by an attorney, make,
16sign, and file with send to the commission a verified, written
17 complaint which shall state the name and address of the person,
18employer, employment agency, or labor organization alleged
19to have committed the discriminatory or unfair practice of
20which complained, shall set forth the particulars thereof, and
21shall contain such other information as may be required by the
22commission. The commission, a commissioner, or the attorney
23general may in like manner make, sign, and file such complaint.
24The complaint of the commission, commissioner, or attorney
25general shall include a statement setting forth the prohibition
26against retaliation pursuant to section 216.11, subsection 2.
27 Sec. 5. Section 216.15, subsection 3, paragraph a, Code
282021, is amended to read as follows:
29a. After the filing submission of a verified complaint, a
30true copy an accurate representation thereof shall be served
31within twenty days on the person against whom the complaint
32is filed submitted, except as provided in subsection 4.
33Additionally, with the complaint, a statement setting forth the
34prohibition against retaliation pursuant to section 216.11,
35subsection 2, shall be served. An authorized member of the
-7-1commission staff shall make a prompt investigation and shall
2issue a recommendation to an administrative law judge employed
3either by the commission or by the division of administrative
4hearings created by section 10A.801, who shall then issue a
5determination of probable cause or no probable cause.
6 Sec. 6. ENHANCED REPORTING OF DISCRIMINATION AND SEXUAL
7HARASSMENT.
81. On or before December 15, 2021, the Iowa civil rights
9commission shall develop and implement enhanced mechanisms for
10employees and members of the public to submit complaints of
11discrimination and sexual harassment in employment or in the
12course of a working relationship.
132. The methods shall include, at a minimum, an easy-to-use
14portal on the Iowa civil rights commission’s website and a
15telephone hotline. Each method shall provide a clear statement
16that information submitted may be referred to the federal equal
17employment opportunity commission or a local agency that has
18jurisdiction over the complaint.
193. The Iowa civil rights commission will refer employees
20experiencing sexual harassment, including those who have
21experienced sexual assault, to appropriate support services.
22 Sec. 7. PUBLIC EDUCATION AND OUTREACH.
231. On or before December 15, 2021, the commission on the
24status of women, in consultation with the Iowa civil rights
25commission, shall develop a public education and outreach
26program that is designed to make Iowa employees, employers,
27businesses, and members of the public aware of:
28a. Methods for reporting employment and work-related
29discrimination and sexual harassment.
30b. Where to find information regarding the following:
31(1) The laws related to employment and work-related
32discrimination and sexual harassment.
33(2) Best practices for preventing employment and
34work-related discrimination and sexual harassment.
35c. Methods for preventing and addressing sexual harassment
-8-1in the workplace.
22. The program may include the following:
3a. Public service announcements.
4b. Print and electronic advertisements.
5c. Web-based and electronic training materials.
6d. Printed information and training materials.
7e. Model educational programs and curricula.
8f. In-person seminars and workshops.
9 Sec. 8. REPORT BY THE IOWA CIVIL RIGHTS COMMISSION TO THE
10GENERAL ASSEMBLY, THE GOVERNOR, AND THE LEGISLATIVE SERVICES
11AGENCY. On or before January 15, 2022, the Iowa civil rights
12commission shall submit to the general assembly, the governor,
13and the legislative services agency a report. The report
14shall include information regarding the implementation of the
15enhanced reporting mechanisms for instances of employment and
16work-related discrimination and sexual harassment, including
17all of the following:
181. A detailed description of how any existing reporting
19mechanisms were enhanced and any new reporting mechanisms that
20were implemented.
212. A summary of changes, if any, in the annual number
22of complaints of employment and work-related discrimination
23and sexual harassment received and the number of complaints
24resulting in an investigation, settlement, or actions in courts
25in Iowa, including state and federal courts, during calendar
26years 2021 and 2022 in comparison to calendar years 2019 and
272020.
283. The number of employees and other persons that reported
29employment or work-related discrimination or sexual harassment
30to their employer, supervisor, or the person for whom they were
31working prior to making a complaint in comparison to the number
32that did not, and the reasons that employees and other persons
33gave for not reporting the discrimination or sexual harassment
34to their employer, supervisor, or the person for whom they were
35working prior to making a complaint.
-9- 14. Any suggestion for legislative action to enhance further
2the reporting mechanisms or to reduce the amount of employment
3and work-related discrimination and sexual harassment.
4 Sec. 9. MODEL POLICY AND POSTER BY THE IOWA CIVIL RIGHTS
5COMMISSION. On or before September 15, 2021, the Iowa civil
6rights commission shall create the model policy and model
7poster required pursuant to section 216.6B, subsection 5, to
8reflect the provisions of this Act.
9 Sec. 10. IMPLEMENTATION OF ACT. Section 25B.2, subsection
103, shall not apply to this Act.
11 Sec. 11. CONTINGENT EFFECTIVE DATE. The following take
12effect one month after the Iowa civil rights commission creates
13and makes the model policy and model poster publicly available
14pursuant to section 216.6B, subsection 5:
15The provisions of this Act enacting section 216.6B,
16subsections 3 and 4.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20This bill relates to sexual harassment in employment and
21working relationships.
22NEW CODE SECTION 216.6B. The bill creates new Code section
23216.6B (additional unfair or discriminatory practice — sexual
24harassment in employment) in the Iowa civil rights Act. The
25bill defines sexual harassment similarly to Code section
2619B.12, but does not include the enumerated circumstances that
27are set forth as sexual harassment in that Code section.
28The bill provides that all employers, employment agencies,
29and labor organizations have an obligation to ensure a
30workplace that is free from sexual harassment. Furthermore,
31the bill provides that all persons who engage a person to
32perform work or services have an obligation to ensure a
33working relationship with that person that is free from sexual
34harassment.
35The bill requires that every employer adopt a written
-10-1policy against sexual harassment and prescribes what the
2policy must include. The bill requires that the employer
3post the policy in a prominent and accessible location in the
4workplace and provide an individual written copy of the policy
5to all employees in the employee’s preferred, first, or native
6language. The bill requires that employers provide copies of
7the written policies to employees in the employee’s preferred,
8first, or native language upon hire and provides written
9copies of updated policies to employees in the employee’s
10preferred, first, or native language when changes are made.
11These provisions of the bill are not effective until one month
12after the Iowa civil rights commission (commission) prepares
13and makes publicly available a model policy and model poster
14regarding sexual harassment, which is a requirement of the
15bill.
16The bill provides that an assertion that an individual did
17not receive the information required to be provided by the bill
18shall not result in the automatic liability of any employer
19to any current or former employee or applicant in any action
20alleging sexual harassment. The bill further provides that
21an employer’s compliance with the notice requirements of the
22bill does not preclude the employer from liability for sexual
23harassment of any current or former employee or applicant.
24The bill encourages employers and labor organizations to
25conduct annual education and training programs on the topic of
26sexual harassment.
27The bill provides that a person shall receive the
28protections described in Code section 216.11(2) if the person
29reported the harassment or was involved in the discipline
30or termination of the employment of the employee accused of
31harassment, even if the person does not participate in the
32investigation of the harassment.
33The bill provides that an employer shall not require any
34employee or prospective employee, as a condition of employment,
35to sign an agreement or waiver that does any of the following:
-11-1(1) prohibits, prevents, or otherwise restricts the employee or
2prospective employee from opposing, disclosing, reporting, or
3participating in an investigation of sexual harassment, or (2)
4except as otherwise permitted by state or federal law, purports
5to waive a substantive or procedural right to remedy available
6to the employee with respect to a claim of sexual harassment.
7The bill sets forth what an agreement to settle a sexual
8harassment claim shall state, including that it does not
9waive any rights or claims that may arise after the date the
10settlement agreement is executed and that it does not prohibit,
11prevent, or otherwise restrict the individual who made the
12claim from exercising enumerated rights. The bill provides
13that an agreement to settle a sexual harassment claim that
14violates such provisions is void and unenforceable against the
15person who made the claim.
16The bill provides that the commission, in order to assess
17compliance with the provisions of this new Code section,
18shall be able to, with 48 hours’ notice, at reasonable times
19and without unduly disrupting business operations, enter and
20inspect any place of employment, question any person who is
21authorized by the employer to receive or investigate complaints
22of sexual harassment, and examine an employer’s records,
23policies, procedures, and training materials related to the
24prevention of sexual harassment and the requirements of the
25Code section. The bill requires the employer to at reasonable
26times and without unduly disrupting business operations make
27any persons who are authorized by the employer to receive or
28investigate complaints of sexual harassment and any records,
29policies, procedures, and training materials related to
30the prevention of sexual harassment and the requirements of
31the bill available to the commission or designee. The bill
32provides that following such an inspection and examination,
33the commission shall notify the employer of the results
34of the inspection and examination, including any issues or
35deficiencies identified, provide resources regarding practices
-12-1and procedures for the prevention of sexual harassment that
2the employer may wish to adopt or utilize, and identify
3any technical assistance that the commission may be able to
4provide to help the employer address any identified issues
5or deficiencies. The bill provides that if the commission
6determines that it is necessary to ensure the employer’s
7workplace is free from sexual harassment, the employer may be
8required, for a period of up to three years, to provide an
9annual education and training program that satisfies certain
10requirements set forth in the bill to all employees or to
11conduct an annual, anonymous working-climate survey, or both.
12OTHER CODE SECTIONS. The bill amends Code section 19B.12 to
13include a requirement that all complaints of sexual harassment
14shall be forwarded to the employee accused of harassment and
15the supervisor of the complainant accompanied by a statement
16indicating that retaliation is prohibited by Code section
17216.11(2).
18The bill amends the definition in Code section 216.2(15) of
19“unfair practice” or “discriminatory practice” to also include
20practices specified as unfair or discriminatory in new Code
21section 216.6B.
22The bill amends Code section 216.15 to eliminate the
23requirement that a complaint of discrimination with the
24Iowa civil rights commission be written. The bill also
25amends that Code section to state that if the commission,
26a commissioner, or the attorney general files a complaint,
27the complaint shall include a statement setting forth the
28prohibition against retaliation pursuant to Code section
29216.11(2). The bill provides that rather than serving a true
30copy of a verified complaint, the commission shall serve an
31accurate representation of a verified complaint. Finally,
32the bill amends that Code section to provide that after the
33submission of a verified complaint, a statement setting forth
34the prohibition against retaliation pursuant to Code section
35216.11(2) shall be served on the person against whom the
-13-1complaint is filed, along with the complaint.
2SESSION LAW. The bill provides that on or before December
315, 2021, the Iowa civil rights commission shall develop and
4implement enhanced mechanisms for employees and members of
5the public to submit complaints of discrimination and sexual
6harassment in employment and in the course of a working
7relationship. The bill provides that the methods shall
8include, at a minimum, an easy-to-use portal on the Iowa
9civil rights commission’s website and a telephone hotline.
10Each method shall provide a clear statement that information
11submitted may be referred to the federal equal employment
12opportunity commission or a local agency that has jurisdiction
13over the complaint.
14The bill provides that on or before December 15, 2021,
15the Iowa commission on the status of women, in consultation
16with the Iowa civil rights commission, shall develop a public
17education and outreach program that is designed to make Iowa
18employees, employers, businesses, and members of the public
19aware of methods for reporting employment and work-related
20discrimination and sexual harassment and where to find
21information regarding the laws related to employment and
22work-related discrimination and sexual harassment, as well as
23best practices for preventing employment discrimination and
24sexual harassment, and methods for preventing employment and
25work-related discrimination and sexual harassment. The bill
26sets forth what the program may entail. The bill provides
27that the Iowa civil rights commission will refer employees
28experiencing sexual harassment, including those who have
29experienced sexual assault, to appropriate support services.
30The bill provides that on or before January 15, 2022, the
31Iowa civil rights commission shall submit to the general
32assembly, the governor, and the legislative services agency a
33report. The report shall concern the implementation of the
34enhanced reporting mechanisms for instances of employment and
35work-related discrimination and sexual harassment. The bill
-14-1provides specific instructions for the report.
2The bill provides that on or before September 15, 2021, the
3Iowa civil rights commission shall create the model policy and
4model poster required pursuant to new Code section 216.6B(5) to
5reflect the provisions of the bill.
6The bill may include a state mandate as defined in Code
7section 25B.3. The bill makes inapplicable Code section 25B.2,
8subsection 3, which would relieve a political subdivision from
9complying with a state mandate if funding for the cost of
10the state mandate is not provided or specified. Therefore,
11political subdivisions are required to comply with any state
12mandate included in the bill.
-15-cm/jh
2relationships, and including effective date provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 216.6B Additional unfair or
2discriminatory practice — sexual harassment in employment.
31. As used in this section, “sexual harassment” means
4persistent, repetitive, or highly egregious conduct directed
5at a specific individual or group of individuals that a
6reasonable person would interpret as harassment of a sexual
7nature, taking into consideration the full context in which the
8conduct occurs, which conduct threatens to impair the ability
9of a person to perform the duties of employment or otherwise
10function normally within an institution responsible for a
11person’s care, rehabilitation, education, or training.
122. a. All employers, employment agencies, and labor
13organizations have an obligation to ensure a workplace that is
14free from sexual harassment.
15b. All persons who engage a person to perform work or
16services have an obligation to ensure a working relationship
17with that person that is free from sexual harassment.
183. Every employer shall:
19a. Adopt a written policy against sexual harassment which
20shall include all of the following:
21(1) A statement that sexual harassment in the workplace is
22unlawful.
23(2) A statement that it is unlawful to retaliate against
24an employee for filing a complaint of sexual harassment or for
25cooperating in an investigation of sexual harassment.
26(3) A description and examples of sexual harassment.
27(4) A statement of the range of consequences for employees
28who commit sexual harassment.
29(5) If the employer has more than five employees, a
30description of the process for filing internal complaints about
31sexual harassment and the names, addresses, and telephone
32numbers of the person or persons to whom complaints should be
33made.
34(6) The complaint process of the appropriate local, state,
35and federal employment discrimination enforcement agencies, and
-1-1directions as to how to contact such agencies.
2b. Post in a prominent and accessible location in the
3workplace, a poster providing, at a minimum, the elements of
4the employer's sexual harassment policy required by paragraph
5“a”.
6c. Provide to all employees a written copy of the employer's
7policy against sexual harassment in the employee’s preferred,
8first, or native language.
94. a. An employer shall provide a copy of the employer’s
10written policies to new employees when hired in the employee’s
11preferred, first, or native language.
12b. If an employer makes changes to its policy against sexual
13harassment, the employer shall provide to all employees a
14written copy of the updated policy in the employee’s preferred,
15first, or native language.
165. The commission shall prepare and provide to employers a
17model policy and a model poster, which may be used by employers
18for the purposes of this section.
196. An assertion that an employee did not receive the
20information required to be provided by this section shall
21not result in the automatic liability of any employer to any
22current or former employee or applicant in any action alleging
23sexual harassment. An employer’s compliance with the notice
24requirements of this section does not preclude the employer
25from liability for sexual harassment of any current or former
26employee or applicant.
277. a. Employers and labor organizations are encouraged to
28conduct an education and training program for all new employees
29and members that includes at a minimum all the information
30outlined in this section within one year after commencement of
31employment.
32b. Employers and labor organizations are encouraged to
33conduct an annual education and training program for all
34employees and members that includes at a minimum all the
35information outlined in this section.
-2- 1c. Employers are encouraged to conduct additional training
2for new supervisory and managerial employees and members within
3one year after commencement of employment or membership, which
4should include at a minimum the information outlined in this
5section, the specific responsibilities of supervisory and
6managerial employees, and the actions that these employees must
7take to ensure immediate and appropriate corrective action in
8addressing sexual harassment complaints.
9d. Employers, labor organizations, and appropriate state
10agencies are encouraged to cooperate in making this training
11available.
128. In addition to the conditions described in section
13216.11, subsection 2, a person shall also receive the
14protections against retaliation described in section 216.11,
15subsection 2, if the person reported the harassment or was
16involved in the discipline or termination of employment of the
17employee accused of harassment, even if such person does not
18participate in the investigation of the harassment.
199. a. An employer shall not require any employee or
20prospective employee, as a condition of employment, to sign an
21agreement or waiver that does any of the following:
22(1) Prohibits, prevents, or otherwise restricts the
23employee or prospective employee from opposing, disclosing,
24reporting, or participating in an investigation of sexual
25harassment.
26(2) Except as otherwise permitted by state or federal law,
27purports to waive a substantive or procedural right or remedy
28available to the employee with respect to a claim of sexual
29harassment.
30b. An agreement to settle a sexual harassment claim shall
31expressly state all of the following:
32(1) That the agreement does not prohibit, prevent, or
33otherwise restrict the individual who made the claim from doing
34any of the following:
35(a) Lodging a complaint of sexual harassment committed by
-3-1any person with the commission, the federal equal employment
2opportunity commission, or any other local, state, or federal
3agency.
4(b) Testifying, assisting, or participating in any manner
5with an investigation related to a claim of sexual harassment
6conducted by the commission, the federal equal employment
7opportunity commission, or any other local, state, or federal
8agency.
9(c) Complying with a valid request for discovery in relation
10to civil litigation or testifying in a hearing or trial
11related to a claim of sexual harassment that is conducted by a
12court, pursuant to an arbitration agreement, or before another
13appropriate tribunal.
14(d) Exercising any right the individual may have pursuant to
15state or federal labor relations laws to engage in concerted
16activities with other employees for the purposes of collective
17bargaining or mutual aid and protection.
18(e) (i) For the purposes of this subparagraph division,
19“pursuing” means taking steps to file a criminal complaint
20including but not limited to speaking with a peace officer
21as defined in section 801.4 or a county attorney regarding
22criminal harassment, filing a criminal complaint, or assisting
23a peace officer or county attorney in the prosecution of a
24criminal complaint.
25(ii) Pursuing a criminal complaint.
26(2) That the agreement does not waive any rights or claims
27that may arise after the date the settlement agreement is
28executed.
29c. Any provision of an agreement to settle a sexual
30harassment claim that violates paragraph “b” shall be void and
31unenforceable against the individual who made the claim.
32d. Nothing in subparagraph (2) of paragraph “b” shall be
33construed to prevent an agreement to settle a sexual harassment
34claim from waiving or releasing the claimant’s right to seek
35or obtain any remedies relating to sexual harassment of the
-4-1claimant by another party to the agreement that occurred before
2the date on which the agreement is executed.
3e. (1) (a) (i) For the purpose of assessing compliance
4with the provisions of this section, the commission may with
5forty-eight hours’ notice, at reasonable times and without
6unduly disrupting business operations, enter and inspect any
7place of employment, question any person who is authorized by
8the employer to receive or investigate complaints of sexual
9harassment, and examine an employer’s records, policies,
10procedures, and training materials related to the prevention of
11sexual harassment and the requirements of this section.
12(ii) An employer may agree to waive or shorten the
13forty-eight-hour notice period.
14(iii) As used in subparagraph subdivision (i), the term
15“records” includes de-identified data regarding the number of
16complaints of sexual harassment received and the resolution of
17each complaint.
18(b) The employer shall at reasonable times and without
19unduly disrupting business operations make any persons who are
20authorized by the employer to receive or investigate complaints
21of sexual harassment and any records, policies, procedures,
22and training materials related to the prevention of sexual
23harassment and the requirements of this section available to
24the commission or designee.
25(2) Following an inspection and examination pursuant to
26subparagraph division (a) of this paragraph “e”, the commission
27shall notify the employer of the results of the inspection and
28examination, including any issues or deficiencies identified,
29provide resources regarding practices and procedures for the
30prevention of sexual harassment that the employer may wish
31to adopt or utilize, and identify any technical assistance
32that the commission may be able to provide to help the
33employer address any identified issues or deficiencies. If
34the commission determines that it is necessary to ensure the
35employer’s workplace is free from sexual harassment, the
-5-1employer may be required, for a period of up to three years, to
2provide an annual education and training program that satisfies
3the provisions of subparagraph (4) of this paragraph “e” to all
4employees or to conduct an annual, anonymous working-climate
5survey, or both.
6(3) Pursuant to and consistent with section 216.15,
7subsection 5, the commission shall keep the records, materials,
8and information related to or obtained through an inspection
9carried out through an investigation or effort to resolve a
10discriminatory or unfair practice confidential.
11(4) If required by the commission pursuant to subparagraph
12(2) of this paragraph “e”, an employer shall conduct all of the
13following:
14(a) An annual education and training program for all
15employees that includes at a minimum all the information
16outlined in this section.
17(b) An annual education and training program for
18supervisory and managerial employees that includes at a minimum
19all the information outlined in subparagraph (2) of this
20paragraph “e”, the specific responsibilities of supervisory
21and managerial employees, and the actions that these employees
22must take to ensure immediate and appropriate corrective action
23taken in addressing sexual harassment complaints.
2410. The commission shall adopt rules pursuant to chapter 17A
25to administer this section.
26 Sec. 2. Section 19B.12, subsection 4, Code 2021, is amended
27to read as follows:
284. The department of administrative services for all state
29agencies, and the state board of regents for its institutions,
30shall adopt rules and appropriate internal, confidential
31grievance procedures to implement this section, and shall
32adopt procedures for determining violations of this section
33and for ordering appropriate dispositions that may include,
34but are not limited to, discharge, suspension, or reduction in
35rank or grade as defined in section 8A.413, subsection 19. An
-6-1accurate representation of all complaints of sexual harassment
2shall be forwarded to the employee accused of harassment and
3the supervisor of the complainant accompanied by a statement
4indicating that retaliation is prohibited by section 216.11,
5subsection 2.
6 Sec. 3. Section 216.2, subsection 15, Code 2021, is amended
7to read as follows:
815. “Unfair practice” or “discriminatory practice” means
9those practices specified as unfair or discriminatory in
10sections 216.6, 216.6A, 216.6B, 216.7, 216.8, 216.8A, 216.8B,
11216.9, 216.10, 216.11, and 216.11A.
12 Sec. 4. Section 216.15, subsection 1, Code 2021, is amended
13to read as follows:
141. Any person claiming to be aggrieved by a discriminatory
15or unfair practice may, in person or by an attorney, make,
16sign, and file with send to the commission a verified, written
17 complaint which shall state the name and address of the person,
18employer, employment agency, or labor organization alleged
19to have committed the discriminatory or unfair practice of
20which complained, shall set forth the particulars thereof, and
21shall contain such other information as may be required by the
22commission. The commission, a commissioner, or the attorney
23general may in like manner make, sign, and file such complaint.
24The complaint of the commission, commissioner, or attorney
25general shall include a statement setting forth the prohibition
26against retaliation pursuant to section 216.11, subsection 2.
27 Sec. 5. Section 216.15, subsection 3, paragraph a, Code
282021, is amended to read as follows:
29a. After the filing submission of a verified complaint, a
30true copy an accurate representation thereof shall be served
31within twenty days on the person against whom the complaint
32is filed submitted, except as provided in subsection 4.
33Additionally, with the complaint, a statement setting forth the
34prohibition against retaliation pursuant to section 216.11,
35subsection 2, shall be served. An authorized member of the
-7-1commission staff shall make a prompt investigation and shall
2issue a recommendation to an administrative law judge employed
3either by the commission or by the division of administrative
4hearings created by section 10A.801, who shall then issue a
5determination of probable cause or no probable cause.
6 Sec. 6. ENHANCED REPORTING OF DISCRIMINATION AND SEXUAL
7HARASSMENT.
81. On or before December 15, 2021, the Iowa civil rights
9commission shall develop and implement enhanced mechanisms for
10employees and members of the public to submit complaints of
11discrimination and sexual harassment in employment or in the
12course of a working relationship.
132. The methods shall include, at a minimum, an easy-to-use
14portal on the Iowa civil rights commission’s website and a
15telephone hotline. Each method shall provide a clear statement
16that information submitted may be referred to the federal equal
17employment opportunity commission or a local agency that has
18jurisdiction over the complaint.
193. The Iowa civil rights commission will refer employees
20experiencing sexual harassment, including those who have
21experienced sexual assault, to appropriate support services.
22 Sec. 7. PUBLIC EDUCATION AND OUTREACH.
231. On or before December 15, 2021, the commission on the
24status of women, in consultation with the Iowa civil rights
25commission, shall develop a public education and outreach
26program that is designed to make Iowa employees, employers,
27businesses, and members of the public aware of:
28a. Methods for reporting employment and work-related
29discrimination and sexual harassment.
30b. Where to find information regarding the following:
31(1) The laws related to employment and work-related
32discrimination and sexual harassment.
33(2) Best practices for preventing employment and
34work-related discrimination and sexual harassment.
35c. Methods for preventing and addressing sexual harassment
-8-1in the workplace.
22. The program may include the following:
3a. Public service announcements.
4b. Print and electronic advertisements.
5c. Web-based and electronic training materials.
6d. Printed information and training materials.
7e. Model educational programs and curricula.
8f. In-person seminars and workshops.
9 Sec. 8. REPORT BY THE IOWA CIVIL RIGHTS COMMISSION TO THE
10GENERAL ASSEMBLY, THE GOVERNOR, AND THE LEGISLATIVE SERVICES
11AGENCY. On or before January 15, 2022, the Iowa civil rights
12commission shall submit to the general assembly, the governor,
13and the legislative services agency a report. The report
14shall include information regarding the implementation of the
15enhanced reporting mechanisms for instances of employment and
16work-related discrimination and sexual harassment, including
17all of the following:
181. A detailed description of how any existing reporting
19mechanisms were enhanced and any new reporting mechanisms that
20were implemented.
212. A summary of changes, if any, in the annual number
22of complaints of employment and work-related discrimination
23and sexual harassment received and the number of complaints
24resulting in an investigation, settlement, or actions in courts
25in Iowa, including state and federal courts, during calendar
26years 2021 and 2022 in comparison to calendar years 2019 and
272020.
283. The number of employees and other persons that reported
29employment or work-related discrimination or sexual harassment
30to their employer, supervisor, or the person for whom they were
31working prior to making a complaint in comparison to the number
32that did not, and the reasons that employees and other persons
33gave for not reporting the discrimination or sexual harassment
34to their employer, supervisor, or the person for whom they were
35working prior to making a complaint.
-9- 14. Any suggestion for legislative action to enhance further
2the reporting mechanisms or to reduce the amount of employment
3and work-related discrimination and sexual harassment.
4 Sec. 9. MODEL POLICY AND POSTER BY THE IOWA CIVIL RIGHTS
5COMMISSION. On or before September 15, 2021, the Iowa civil
6rights commission shall create the model policy and model
7poster required pursuant to section 216.6B, subsection 5, to
8reflect the provisions of this Act.
9 Sec. 10. IMPLEMENTATION OF ACT. Section 25B.2, subsection
103, shall not apply to this Act.
11 Sec. 11. CONTINGENT EFFECTIVE DATE. The following take
12effect one month after the Iowa civil rights commission creates
13and makes the model policy and model poster publicly available
14pursuant to section 216.6B, subsection 5:
15The provisions of this Act enacting section 216.6B,
16subsections 3 and 4.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20This bill relates to sexual harassment in employment and
21working relationships.
22NEW CODE SECTION 216.6B. The bill creates new Code section
23216.6B (additional unfair or discriminatory practice — sexual
24harassment in employment) in the Iowa civil rights Act. The
25bill defines sexual harassment similarly to Code section
2619B.12, but does not include the enumerated circumstances that
27are set forth as sexual harassment in that Code section.
28The bill provides that all employers, employment agencies,
29and labor organizations have an obligation to ensure a
30workplace that is free from sexual harassment. Furthermore,
31the bill provides that all persons who engage a person to
32perform work or services have an obligation to ensure a
33working relationship with that person that is free from sexual
34harassment.
35The bill requires that every employer adopt a written
-10-1policy against sexual harassment and prescribes what the
2policy must include. The bill requires that the employer
3post the policy in a prominent and accessible location in the
4workplace and provide an individual written copy of the policy
5to all employees in the employee’s preferred, first, or native
6language. The bill requires that employers provide copies of
7the written policies to employees in the employee’s preferred,
8first, or native language upon hire and provides written
9copies of updated policies to employees in the employee’s
10preferred, first, or native language when changes are made.
11These provisions of the bill are not effective until one month
12after the Iowa civil rights commission (commission) prepares
13and makes publicly available a model policy and model poster
14regarding sexual harassment, which is a requirement of the
15bill.
16The bill provides that an assertion that an individual did
17not receive the information required to be provided by the bill
18shall not result in the automatic liability of any employer
19to any current or former employee or applicant in any action
20alleging sexual harassment. The bill further provides that
21an employer’s compliance with the notice requirements of the
22bill does not preclude the employer from liability for sexual
23harassment of any current or former employee or applicant.
24The bill encourages employers and labor organizations to
25conduct annual education and training programs on the topic of
26sexual harassment.
27The bill provides that a person shall receive the
28protections described in Code section 216.11(2) if the person
29reported the harassment or was involved in the discipline
30or termination of the employment of the employee accused of
31harassment, even if the person does not participate in the
32investigation of the harassment.
33The bill provides that an employer shall not require any
34employee or prospective employee, as a condition of employment,
35to sign an agreement or waiver that does any of the following:
-11-1(1) prohibits, prevents, or otherwise restricts the employee or
2prospective employee from opposing, disclosing, reporting, or
3participating in an investigation of sexual harassment, or (2)
4except as otherwise permitted by state or federal law, purports
5to waive a substantive or procedural right to remedy available
6to the employee with respect to a claim of sexual harassment.
7The bill sets forth what an agreement to settle a sexual
8harassment claim shall state, including that it does not
9waive any rights or claims that may arise after the date the
10settlement agreement is executed and that it does not prohibit,
11prevent, or otherwise restrict the individual who made the
12claim from exercising enumerated rights. The bill provides
13that an agreement to settle a sexual harassment claim that
14violates such provisions is void and unenforceable against the
15person who made the claim.
16The bill provides that the commission, in order to assess
17compliance with the provisions of this new Code section,
18shall be able to, with 48 hours’ notice, at reasonable times
19and without unduly disrupting business operations, enter and
20inspect any place of employment, question any person who is
21authorized by the employer to receive or investigate complaints
22of sexual harassment, and examine an employer’s records,
23policies, procedures, and training materials related to the
24prevention of sexual harassment and the requirements of the
25Code section. The bill requires the employer to at reasonable
26times and without unduly disrupting business operations make
27any persons who are authorized by the employer to receive or
28investigate complaints of sexual harassment and any records,
29policies, procedures, and training materials related to
30the prevention of sexual harassment and the requirements of
31the bill available to the commission or designee. The bill
32provides that following such an inspection and examination,
33the commission shall notify the employer of the results
34of the inspection and examination, including any issues or
35deficiencies identified, provide resources regarding practices
-12-1and procedures for the prevention of sexual harassment that
2the employer may wish to adopt or utilize, and identify
3any technical assistance that the commission may be able to
4provide to help the employer address any identified issues
5or deficiencies. The bill provides that if the commission
6determines that it is necessary to ensure the employer’s
7workplace is free from sexual harassment, the employer may be
8required, for a period of up to three years, to provide an
9annual education and training program that satisfies certain
10requirements set forth in the bill to all employees or to
11conduct an annual, anonymous working-climate survey, or both.
12OTHER CODE SECTIONS. The bill amends Code section 19B.12 to
13include a requirement that all complaints of sexual harassment
14shall be forwarded to the employee accused of harassment and
15the supervisor of the complainant accompanied by a statement
16indicating that retaliation is prohibited by Code section
17216.11(2).
18The bill amends the definition in Code section 216.2(15) of
19“unfair practice” or “discriminatory practice” to also include
20practices specified as unfair or discriminatory in new Code
21section 216.6B.
22The bill amends Code section 216.15 to eliminate the
23requirement that a complaint of discrimination with the
24Iowa civil rights commission be written. The bill also
25amends that Code section to state that if the commission,
26a commissioner, or the attorney general files a complaint,
27the complaint shall include a statement setting forth the
28prohibition against retaliation pursuant to Code section
29216.11(2). The bill provides that rather than serving a true
30copy of a verified complaint, the commission shall serve an
31accurate representation of a verified complaint. Finally,
32the bill amends that Code section to provide that after the
33submission of a verified complaint, a statement setting forth
34the prohibition against retaliation pursuant to Code section
35216.11(2) shall be served on the person against whom the
-13-1complaint is filed, along with the complaint.
2SESSION LAW. The bill provides that on or before December
315, 2021, the Iowa civil rights commission shall develop and
4implement enhanced mechanisms for employees and members of
5the public to submit complaints of discrimination and sexual
6harassment in employment and in the course of a working
7relationship. The bill provides that the methods shall
8include, at a minimum, an easy-to-use portal on the Iowa
9civil rights commission’s website and a telephone hotline.
10Each method shall provide a clear statement that information
11submitted may be referred to the federal equal employment
12opportunity commission or a local agency that has jurisdiction
13over the complaint.
14The bill provides that on or before December 15, 2021,
15the Iowa commission on the status of women, in consultation
16with the Iowa civil rights commission, shall develop a public
17education and outreach program that is designed to make Iowa
18employees, employers, businesses, and members of the public
19aware of methods for reporting employment and work-related
20discrimination and sexual harassment and where to find
21information regarding the laws related to employment and
22work-related discrimination and sexual harassment, as well as
23best practices for preventing employment discrimination and
24sexual harassment, and methods for preventing employment and
25work-related discrimination and sexual harassment. The bill
26sets forth what the program may entail. The bill provides
27that the Iowa civil rights commission will refer employees
28experiencing sexual harassment, including those who have
29experienced sexual assault, to appropriate support services.
30The bill provides that on or before January 15, 2022, the
31Iowa civil rights commission shall submit to the general
32assembly, the governor, and the legislative services agency a
33report. The report shall concern the implementation of the
34enhanced reporting mechanisms for instances of employment and
35work-related discrimination and sexual harassment. The bill
-14-1provides specific instructions for the report.
2The bill provides that on or before September 15, 2021, the
3Iowa civil rights commission shall create the model policy and
4model poster required pursuant to new Code section 216.6B(5) to
5reflect the provisions of the bill.
6The bill may include a state mandate as defined in Code
7section 25B.3. The bill makes inapplicable Code section 25B.2,
8subsection 3, which would relieve a political subdivision from
9complying with a state mandate if funding for the cost of
10the state mandate is not provided or specified. Therefore,
11political subdivisions are required to comply with any state
12mandate included in the bill.
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