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Senate File 485 - IntroducedA Bill ForAn Act 1requiring employers to provide reasonable accommodations
2to employees based on pregnancy or childbirth and providing
3civil penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 84A.5, subsection 4, Code 2021, is
2amended to read as follows:
34. The division of labor services is responsible for the
4administration of the laws of this state under chapters 88,
588A, 88B, 89, 89A, 89B, 90A, 91, 91A, 91C, 91D, 91E, 91F, 92,
6and 94A, and sections 73A.21 and 85.68. The executive head of
7the division is the labor commissioner, appointed pursuant to
8section 91.2.
9 Sec. 2. Section 91.4, subsection 2, Code 2021, is amended
10to read as follows:
112. The director of the department of workforce development,
12in consultation with the labor commissioner, shall, at the
13time provided by law, make an annual report to the governor
14setting forth in appropriate form the business and expense of
15the division of labor services for the preceding year, the
16number of remedial actions taken under chapter 89A, the number
17of disputes or violations processed by the division and the
18disposition of the disputes or violations, and other matters
19pertaining to the division which are of public interest,
20together with recommendations for change or amendment of the
21laws in this chapter and chapters 88, 88A, 88B, 89, 89A, 89B,
2290A, 91A, 91C, 91D, 91E, 91F, 92, and 94A, and section 85.68,
23and the recommendations, if any, shall be transmitted by the
24governor to the first general assembly in session after the
25report is filed.
26 Sec. 3. NEW SECTION. 91F.1 Reasonable accommodations to
27employees — pregnancy or childbirth.
281. An employer shall provide reasonable accommodations
29to an employee based on medical conditions related to the
30employee’s pregnancy or childbirth if the employee so requests
31with the advice of the employee’s health care provider.
322. For purposes of this section, “reasonable accommodations”
33means actions which would permit an employee with a medical
34condition relating to the employee’s pregnancy or childbirth to
35perform in a reasonable manner the activities involved in the
-1-1employee’s specific occupation and include but are not limited
2to the provision of an accessible worksite, acquisition or
3modification of equipment, job restructuring, and a modified
4work schedule. “Reasonable accommodations” does not mean any
5action that would impose an undue hardship on the business of
6the employer from whom the action is requested.
7 Sec. 4. NEW SECTION. 91F.2 Penalties.
81. An employer who violates section 91F.1 is subject to a
9civil penalty of up to seven hundred fifty dollars.
10 Sec. 5. NEW SECTION. 91F.3 Duties and authority of the
11commissioner.
121. The commissioner shall adopt rules to implement and
13enforce this chapter and shall provide exemptions from the
14provisions of this chapter where reasonable.
152. In order to carry out the purposes of this chapter,
16the commissioner or the commissioner’s representative, upon
17presenting appropriate credentials to the owner, operator, or
18agent in charge, may:
19a. Inspect employment records relating to the total number
20of employees and pregnant employees or employees recovering
21from childbirth, and the services provided to pregnant
22employees or employees recovering from childbirth.
23b. Interview an employer, owner, operator, agent, or
24employee, during working hours or at other reasonable times.
25 Sec. 6. NEW SECTION. 91F.4 Collective bargaining
26agreements.
27Compliance with the minimum standards required in this
28chapter shall not be subject to or considered in collective
29bargaining.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill requires employers to provide reasonable
34accommodations to employees based on pregnancy or childbirth.
35The bill requires an employer to provide reasonable
-2-1accommodations to an employee based on medical conditions
2related to the employee’s pregnancy or childbirth if the
3employee requests reasonable accommodations with the advice of
4the employee’s health care provider.
5The bill defines “reasonable accommodations” as actions
6which would permit an employee with a medical condition
7relating to the employee’s pregnancy or childbirth to
8perform in a reasonable manner the activities involved in
9the employee’s specific occupation and include but are not
10limited to the provision of an accessible worksite, acquisition
11or modification of equipment, job restructuring, and a
12modified work schedule. The bill provides that “reasonable
13accommodations” does not mean any action that would impose an
14undue hardship on the business of the employer from whom the
15action is requested.
16The bill provides that an employer who violates the bill is
17subject to a civil penalty of up to $750. The commissioner
18shall adopt rules to enforce the bill and provide exemptions
19where reasonable. The commissioner or commissioner’s
20representative upon presenting appropriate credentials to
21the person in charge may inspect employment records relating
22to the total number of employees and pregnant employees or
23employees recovering from childbirth and the services provided
24to pregnant employees or employees recovering from childbirth,
25as well as interview an employer, operator, owner, agent, or
26employee during working hours or at other reasonable times.
27The bill provides that compliance with minimum standards
28required by the bill shall not be subject to or considered in
29collective bargaining.
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2to employees based on pregnancy or childbirth and providing
3civil penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 84A.5, subsection 4, Code 2021, is
2amended to read as follows:
34. The division of labor services is responsible for the
4administration of the laws of this state under chapters 88,
588A, 88B, 89, 89A, 89B, 90A, 91, 91A, 91C, 91D, 91E, 91F, 92,
6and 94A, and sections 73A.21 and 85.68. The executive head of
7the division is the labor commissioner, appointed pursuant to
8section 91.2.
9 Sec. 2. Section 91.4, subsection 2, Code 2021, is amended
10to read as follows:
112. The director of the department of workforce development,
12in consultation with the labor commissioner, shall, at the
13time provided by law, make an annual report to the governor
14setting forth in appropriate form the business and expense of
15the division of labor services for the preceding year, the
16number of remedial actions taken under chapter 89A, the number
17of disputes or violations processed by the division and the
18disposition of the disputes or violations, and other matters
19pertaining to the division which are of public interest,
20together with recommendations for change or amendment of the
21laws in this chapter and chapters 88, 88A, 88B, 89, 89A, 89B,
2290A, 91A, 91C, 91D, 91E, 91F, 92, and 94A, and section 85.68,
23and the recommendations, if any, shall be transmitted by the
24governor to the first general assembly in session after the
25report is filed.
26 Sec. 3. NEW SECTION. 91F.1 Reasonable accommodations to
27employees — pregnancy or childbirth.
281. An employer shall provide reasonable accommodations
29to an employee based on medical conditions related to the
30employee’s pregnancy or childbirth if the employee so requests
31with the advice of the employee’s health care provider.
322. For purposes of this section, “reasonable accommodations”
33means actions which would permit an employee with a medical
34condition relating to the employee’s pregnancy or childbirth to
35perform in a reasonable manner the activities involved in the
-1-1employee’s specific occupation and include but are not limited
2to the provision of an accessible worksite, acquisition or
3modification of equipment, job restructuring, and a modified
4work schedule. “Reasonable accommodations” does not mean any
5action that would impose an undue hardship on the business of
6the employer from whom the action is requested.
7 Sec. 4. NEW SECTION. 91F.2 Penalties.
81. An employer who violates section 91F.1 is subject to a
9civil penalty of up to seven hundred fifty dollars.
10 Sec. 5. NEW SECTION. 91F.3 Duties and authority of the
11commissioner.
121. The commissioner shall adopt rules to implement and
13enforce this chapter and shall provide exemptions from the
14provisions of this chapter where reasonable.
152. In order to carry out the purposes of this chapter,
16the commissioner or the commissioner’s representative, upon
17presenting appropriate credentials to the owner, operator, or
18agent in charge, may:
19a. Inspect employment records relating to the total number
20of employees and pregnant employees or employees recovering
21from childbirth, and the services provided to pregnant
22employees or employees recovering from childbirth.
23b. Interview an employer, owner, operator, agent, or
24employee, during working hours or at other reasonable times.
25 Sec. 6. NEW SECTION. 91F.4 Collective bargaining
26agreements.
27Compliance with the minimum standards required in this
28chapter shall not be subject to or considered in collective
29bargaining.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill requires employers to provide reasonable
34accommodations to employees based on pregnancy or childbirth.
35The bill requires an employer to provide reasonable
-2-1accommodations to an employee based on medical conditions
2related to the employee’s pregnancy or childbirth if the
3employee requests reasonable accommodations with the advice of
4the employee’s health care provider.
5The bill defines “reasonable accommodations” as actions
6which would permit an employee with a medical condition
7relating to the employee’s pregnancy or childbirth to
8perform in a reasonable manner the activities involved in
9the employee’s specific occupation and include but are not
10limited to the provision of an accessible worksite, acquisition
11or modification of equipment, job restructuring, and a
12modified work schedule. The bill provides that “reasonable
13accommodations” does not mean any action that would impose an
14undue hardship on the business of the employer from whom the
15action is requested.
16The bill provides that an employer who violates the bill is
17subject to a civil penalty of up to $750. The commissioner
18shall adopt rules to enforce the bill and provide exemptions
19where reasonable. The commissioner or commissioner’s
20representative upon presenting appropriate credentials to
21the person in charge may inspect employment records relating
22to the total number of employees and pregnant employees or
23employees recovering from childbirth and the services provided
24to pregnant employees or employees recovering from childbirth,
25as well as interview an employer, operator, owner, agent, or
26employee during working hours or at other reasonable times.
27The bill provides that compliance with minimum standards
28required by the bill shall not be subject to or considered in
29collective bargaining.
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