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House File 190 - IntroducedA Bill ForAn Act 1relating to gender under the Iowa civil rights Act.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 216.2, subsection 10, Code 2023, is
2amended by striking the subsection.
3 Sec. 2. Section 216.2, Code 2023, is amended by adding the
4following new subsection:
5 NEW SUBSECTION. 13A. “Sex” means a person’s biological
6sex as either female or male. The sex listed on a person’s
7official birth certificate or certificate issued upon adoption
8may be relied upon if the certificate was issued at or near the
9time of the person’s birth.
10 Sec. 3. Section 216.5, subsections 6 and 8, Code 2023, are
11amended to read as follows:
126. To issue such publications and reports of investigations
13and research as in the judgment of the commission shall tend
14to promote goodwill among the various racial, religious, and
15ethnic groups of the state and which shall tend to minimize or
16eliminate discrimination in public accommodations, employment,
17apprenticeship and on-the-job training programs, vocational
18schools, career and technical education programs, or housing
19because of race, creed, color, sex, sexual orientation, gender
20identity, national origin, religion, ancestry, or disability.
218. To make recommendations to the general assembly for
22such further legislation concerning discrimination because of
23race, creed, color, sex, sexual orientation, gender identity,
24 national origin, religion, ancestry, or disability as it may
25deem necessary and desirable.
26 Sec. 4. Section 216.6, subsection 1, paragraphs a, b, and c,
27Code 2023, are amended to read as follows:
28a. Person to refuse to hire, accept, register, classify,
29or refer for employment, to discharge any employee, or to
30otherwise discriminate in employment against any applicant
31for employment or any employee because of the age, race,
32creed, color, sex, sexual orientation, gender identity,
33 national origin, religion, or disability of such applicant or
34employee, unless based upon the nature of the occupation. If a
35person with a disability is qualified to perform a particular
-1-1occupation, by reason of training or experience, the nature
2of that occupation shall not be the basis for exception to
3the unfair or discriminatory practices prohibited by this
4subsection.
5b. Labor organization or the employees, agents, or members
6thereof to refuse to admit to membership any applicant, to
7expel any member, or to otherwise discriminate against any
8applicant for membership or any member in the privileges,
9rights, or benefits of such membership because of the age,
10race, creed, color, sex, sexual orientation, gender identity,
11 national origin, religion, or disability of such applicant or
12member.
13c. Employer, employment agency, labor organization, or the
14employees, agents, or members thereof to directly or indirectly
15advertise or in any other manner indicate or publicize that
16individuals of any particular age, race, creed, color, sex,
17sexual orientation, gender identity, national origin, religion,
18or disability are unwelcome, objectionable, not acceptable, or
19not solicited for employment or membership unless based on the
20nature of the occupation.
21(1) If a person with a disability is qualified to perform a
22particular occupation by reason of training or experience, the
23nature of that occupation shall not be the basis for exception
24to the unfair or discriminatory practices prohibited by this
25subsection.
26(2) An employer, employment agency, or their employees,
27servants, or agents may offer employment or advertise for
28employment to only persons with disabilities, when other
29applicants have available to them other employment compatible
30with their ability which would not be available to persons
31with disabilities because of their disabilities. Any such
32employment or offer of employment shall not discriminate among
33persons with disabilities on the basis of race, color, creed,
34sex, sexual orientation, gender identity, or national origin.
35 Sec. 5. Section 216.6, subsection 6, paragraph d, Code 2023,
-2-1is amended to read as follows:
2d. Any bona fide religious institution or its educational
3facility, association, corporation, or society with respect
4to any qualifications for employment based on religion, or
5 sexual orientation, or gender identity when such qualifications
6are related to a bona fide religious purpose. A religious
7qualification for instructional personnel or an administrative
8officer, serving in a supervisory capacity of a bona fide
9religious educational facility or religious institution, shall
10be presumed to be a bona fide occupational qualification.
11 Sec. 6. Section 216.6A, subsection 1, paragraph a,
12unnumbered paragraph 1, Code 2023, is amended to read as
13follows:
14The general assembly finds that the practice of
15discriminating against any employee because of the age,
16race, creed, color, sex, sexual orientation, gender identity,
17 national origin, religion, or disability of such employee by
18paying wages to such employee at a rate less than the rate paid
19to other employees does all of the following:
20 Sec. 7. Section 216.6A, subsection 1, paragraph b, Code
212023, is amended to read as follows:
22b. The general assembly declares that it is the policy
23of this state to correct and, as rapidly as possible, to
24eliminate, discriminatory wage practices based on age, race,
25creed, color, sex, sexual orientation, gender identity,
26 national origin, religion, and disability.
27 Sec. 8. Section 216.6A, subsection 2, paragraph a, Code
282023, is amended to read as follows:
29a. It shall be an unfair or discriminatory practice for any
30employer or agent of any employer to discriminate against any
31employee because of the age, race, creed, color, sex, sexual
32orientation, gender identity, national origin, religion, or
33disability of such employee by paying wages to such employee
34at a rate less than the rate paid to other employees who are
35employed within the same establishment for equal work on jobs,
-3-1the performance of which requires equal skill, effort, and
2responsibility, and which are performed under similar working
3conditions. An employer or agent of an employer who is paying
4wages to an employee at a rate less than the rate paid to other
5employees in violation of this section shall not remedy the
6violation by reducing the wage rate of any employee.
7 Sec. 9. Section 216.6A, subsection 3, paragraph d, Code
82023, is amended to read as follows:
9d. Pay differential is based on any other factor other than
10the age, race, creed, color, sex, sexual orientation, gender
11identity, national origin, religion, or disability of such
12employee.
13 Sec. 10. Section 216.7, subsection 1, paragraphs a and b,
14Code 2023, are amended to read as follows:
15a. To refuse or deny to any person because of race,
16creed, color, sex, sexual orientation, gender identity,
17 national origin, religion, or disability the accommodations,
18advantages, facilities, services, or privileges thereof,
19or otherwise to discriminate against any person because of
20race, creed, color, sex, sexual orientation, gender identity,
21 national origin, religion, or disability in the furnishing
22of such accommodations, advantages, facilities, services, or
23privileges.
24b. To directly or indirectly advertise or in any other
25manner indicate or publicize that the patronage of persons of
26any particular race, creed, color, sex, sexual orientation,
27gender identity, national origin, religion, or disability is
28unwelcome, objectionable, not acceptable, or not solicited.
29 Sec. 11. Section 216.7, subsection 2, paragraph a, Code
302023, is amended to read as follows:
31a. Any bona fide religious institution with respect to any
32qualifications the institution may impose based on religion, or
33 sexual orientation, or gender identity when such qualifications
34are related to a bona fide religious purpose.
35 Sec. 12. Section 216.8, subsection 1, paragraphs a, b, c,
-4-1and d, Code 2023, are amended to read as follows:
2a. To refuse to sell, rent, lease, assign, sublease, refuse
3to negotiate, or to otherwise make unavailable, or deny any
4real property or housing accommodation or part, portion, or
5interest therein, to any person because of the race, color,
6creed, sex, sexual orientation, gender identity, religion,
7national origin, disability, or familial status of such person.
8b. To discriminate against any person because of the
9person’s race, color, creed, sex, sexual orientation, gender
10identity, religion, national origin, disability, or familial
11status, in the terms, conditions, or privileges of the sale,
12rental, lease assignment, or sublease of any real property or
13housing accommodation or any part, portion, or interest in the
14real property or housing accommodation or in the provision of
15services or facilities in connection with the real property or
16housing accommodation.
17c. To directly or indirectly advertise, or in any other
18manner indicate or publicize that the purchase, rental,
19lease, assignment, or sublease of any real property or housing
20accommodation or any part, portion, or interest therein, by
21persons of any particular race, color, creed, sex, sexual
22orientation, gender identity, religion, national origin,
23disability, or familial status is unwelcome, objectionable, not
24acceptable, or not solicited.
25d. To discriminate against the lessee or purchaser of any
26real property or housing accommodation or part, portion, or
27interest of the real property or housing accommodation, or
28against any prospective lessee or purchaser of the property or
29accommodation, because of the race, color, creed, religion,
30sex, sexual orientation, gender identity, disability, age, or
31national origin of persons who may from time to time be present
32in or on the lessee’s or owner’s premises for lawful purposes
33at the invitation of the lessee or owner as friends, guests,
34visitors, relatives, or in any similar capacity.
35 Sec. 13. Section 216.8A, subsections 1, 2, and 5, Code 2023,
-5-1are amended to read as follows:
21. A person shall not induce or attempt to induce another
3person to sell or rent a dwelling by representations regarding
4the entry or prospective entry into a neighborhood of a person
5of a particular race, color, creed, sex, sexual orientation,
6gender identity, religion, national origin, disability, or
7familial status.
82. A person shall not represent to a person of a particular
9race, color, creed, sex, sexual orientation, gender identity,
10 religion, national origin, disability, or familial status that
11a dwelling is not available for inspection, sale, or rental
12when the dwelling is available for inspection, sale, or rental.
135. A person shall not deny another person access to,
14or membership or participation in, a multiple-listing
15service, real estate brokers’ organization or other service,
16organization, or facility relating to the business of selling
17or renting dwellings, or discriminate against a person in
18terms or conditions of access, membership, or participation in
19such organization because of race, color, creed, sex, sexual
20orientation, gender identity, religion, national origin,
21disability, or familial status.
22 Sec. 14. Section 216.8A, subsection 4, paragraph a, Code
232023, is amended to read as follows:
24a. A person whose business includes engaging in residential
25real estate related transactions shall not discriminate
26against a person in making a residential real estate
27related transaction available or in terms or conditions of
28a residential real estate related transaction because of
29race, color, creed, sex, sexual orientation, gender identity,
30 religion, national origin, disability, or familial status.
31 Sec. 15. Section 216.9, subsection 1, unnumbered paragraph
321, Code 2023, is amended to read as follows:
33It is an unfair or discriminatory practice for any
34educational institution to discriminate on the basis of
35race, creed, color, sex, sexual orientation, gender identity,
-6-1 national origin, religion, or disability in any program or
2activity. Such discriminatory practices shall include but not
3be limited to the following practices:
4 Sec. 16. Section 216.9, subsection 2, Code 2023, is amended
5to read as follows:
62. For the purpose of this section, “educational
7institution” includes any preschool, elementary or secondary
8school, community college, area education agency, or
9postsecondary college or university and their governing boards.
10This section does not prohibit an educational institution
11from maintaining separate toilet facilities, locker rooms, or
12living facilities for the different sexes so long as comparable
13facilities are provided. Nothing in this section shall be
14construed as prohibiting any bona fide religious institution
15from imposing qualifications based on religion, or sexual
16orientation, or gender identity when such qualifications are
17related to a bona fide religious purpose or any institution
18from admitting students of only one sex.
19 Sec. 17. Section 216.10, subsection 1, paragraphs a, b, and
20c, Code 2023, are amended to read as follows:
21a. Creditor to refuse to enter into a consumer credit
22transaction or impose finance charges or other terms or
23conditions more onerous than those regularly extended by that
24creditor to consumers of similar economic backgrounds because
25of age, color, creed, national origin, race, religion, marital
26status, sex, sexual orientation, gender identity, physical
27disability, or familial status.
28b. Person authorized or licensed to do business in this
29state pursuant to chapter 524, 533, 536, or 536A to refuse
30to loan or extend credit or to impose terms or conditions
31more onerous than those regularly extended to persons of
32similar economic backgrounds because of age, color, creed,
33national origin, race, religion, marital status, sex, sexual
34orientation, gender identity, physical disability, or familial
35status.
-7- 1c. Creditor to refuse to offer credit life or health and
2accident insurance because of color, creed, national origin,
3race, religion, marital status, age, physical disability,
4sex, sexual orientation, gender identity, or familial status.
5Refusal by a creditor to offer credit life or health and
6accident insurance based upon the age or physical disability of
7the consumer shall not be an unfair or discriminatory practice
8if such denial is based solely upon bona fide underwriting
9considerations not prohibited by Title XIII, subtitle 1.
10 Sec. 18. Section 216.12, subsection 1, paragraph a, Code
112023, is amended to read as follows:
12a. Any bona fide religious institution with respect to
13any qualifications it may impose based on religion, or sexual
14orientation, or gender identity, when the qualifications are
15related to a bona fide religious purpose, unless the religious
16institution owns or operates property for a commercial purpose
17or membership in the religion is restricted on account of race,
18color, or national origin.
19 Sec. 19. Section 216.12A, Code 2023, is amended to read as
20follows:
21216.12A Additional housing exception.
22Sections 216.8 and 216.8A do not prohibit a person engaged
23in the business of furnishing appraisals of real estate from
24taking into consideration factors other than race, color,
25creed, sex, sexual orientation, gender identity, religion,
26national origin, disability, or familial status in appraising
27real estate.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31This bill relates to gender under Code chapter 216, the Iowa
32civil rights Act.
33Under current law, Code chapter 216 prohibits discrimination
34in employment, wages, public accommodations, housing,
35education, and credit practices based upon certain
-8-1characteristics of a person, including sex and gender
2identity. A person who claims to be aggrieved by an unfair
3or discriminatory practice prohibited by Code chapter 216 may
4file a complaint with the Iowa civil rights commission. Code
5chapter 216 defines “gender identity” as the gender-related
6identity of a person, regardless of the person’s assigned sex
7at birth. For purposes of Code chapter 216, the bill removes
8gender identity as a protected class and defines “sex” to mean
9a person’s biological sex as either male or female.
-9-cm/ns
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 216.2, subsection 10, Code 2023, is
2amended by striking the subsection.
3 Sec. 2. Section 216.2, Code 2023, is amended by adding the
4following new subsection:
5 NEW SUBSECTION. 13A. “Sex” means a person’s biological
6sex as either female or male. The sex listed on a person’s
7official birth certificate or certificate issued upon adoption
8may be relied upon if the certificate was issued at or near the
9time of the person’s birth.
10 Sec. 3. Section 216.5, subsections 6 and 8, Code 2023, are
11amended to read as follows:
126. To issue such publications and reports of investigations
13and research as in the judgment of the commission shall tend
14to promote goodwill among the various racial, religious, and
15ethnic groups of the state and which shall tend to minimize or
16eliminate discrimination in public accommodations, employment,
17apprenticeship and on-the-job training programs, vocational
18schools, career and technical education programs, or housing
19because of race, creed, color, sex, sexual orientation, gender
20identity, national origin, religion, ancestry, or disability.
218. To make recommendations to the general assembly for
22such further legislation concerning discrimination because of
23race, creed, color, sex, sexual orientation, gender identity,
24 national origin, religion, ancestry, or disability as it may
25deem necessary and desirable.
26 Sec. 4. Section 216.6, subsection 1, paragraphs a, b, and c,
27Code 2023, are amended to read as follows:
28a. Person to refuse to hire, accept, register, classify,
29or refer for employment, to discharge any employee, or to
30otherwise discriminate in employment against any applicant
31for employment or any employee because of the age, race,
32creed, color, sex, sexual orientation, gender identity,
33 national origin, religion, or disability of such applicant or
34employee, unless based upon the nature of the occupation. If a
35person with a disability is qualified to perform a particular
-1-1occupation, by reason of training or experience, the nature
2of that occupation shall not be the basis for exception to
3the unfair or discriminatory practices prohibited by this
4subsection.
5b. Labor organization or the employees, agents, or members
6thereof to refuse to admit to membership any applicant, to
7expel any member, or to otherwise discriminate against any
8applicant for membership or any member in the privileges,
9rights, or benefits of such membership because of the age,
10race, creed, color, sex, sexual orientation, gender identity,
11 national origin, religion, or disability of such applicant or
12member.
13c. Employer, employment agency, labor organization, or the
14employees, agents, or members thereof to directly or indirectly
15advertise or in any other manner indicate or publicize that
16individuals of any particular age, race, creed, color, sex,
17sexual orientation, gender identity, national origin, religion,
18or disability are unwelcome, objectionable, not acceptable, or
19not solicited for employment or membership unless based on the
20nature of the occupation.
21(1) If a person with a disability is qualified to perform a
22particular occupation by reason of training or experience, the
23nature of that occupation shall not be the basis for exception
24to the unfair or discriminatory practices prohibited by this
25subsection.
26(2) An employer, employment agency, or their employees,
27servants, or agents may offer employment or advertise for
28employment to only persons with disabilities, when other
29applicants have available to them other employment compatible
30with their ability which would not be available to persons
31with disabilities because of their disabilities. Any such
32employment or offer of employment shall not discriminate among
33persons with disabilities on the basis of race, color, creed,
34sex, sexual orientation, gender identity, or national origin.
35 Sec. 5. Section 216.6, subsection 6, paragraph d, Code 2023,
-2-1is amended to read as follows:
2d. Any bona fide religious institution or its educational
3facility, association, corporation, or society with respect
4to any qualifications for employment based on religion, or
5 sexual orientation, or gender identity when such qualifications
6are related to a bona fide religious purpose. A religious
7qualification for instructional personnel or an administrative
8officer, serving in a supervisory capacity of a bona fide
9religious educational facility or religious institution, shall
10be presumed to be a bona fide occupational qualification.
11 Sec. 6. Section 216.6A, subsection 1, paragraph a,
12unnumbered paragraph 1, Code 2023, is amended to read as
13follows:
14The general assembly finds that the practice of
15discriminating against any employee because of the age,
16race, creed, color, sex, sexual orientation, gender identity,
17 national origin, religion, or disability of such employee by
18paying wages to such employee at a rate less than the rate paid
19to other employees does all of the following:
20 Sec. 7. Section 216.6A, subsection 1, paragraph b, Code
212023, is amended to read as follows:
22b. The general assembly declares that it is the policy
23of this state to correct and, as rapidly as possible, to
24eliminate, discriminatory wage practices based on age, race,
25creed, color, sex, sexual orientation, gender identity,
26 national origin, religion, and disability.
27 Sec. 8. Section 216.6A, subsection 2, paragraph a, Code
282023, is amended to read as follows:
29a. It shall be an unfair or discriminatory practice for any
30employer or agent of any employer to discriminate against any
31employee because of the age, race, creed, color, sex, sexual
32orientation, gender identity, national origin, religion, or
33disability of such employee by paying wages to such employee
34at a rate less than the rate paid to other employees who are
35employed within the same establishment for equal work on jobs,
-3-1the performance of which requires equal skill, effort, and
2responsibility, and which are performed under similar working
3conditions. An employer or agent of an employer who is paying
4wages to an employee at a rate less than the rate paid to other
5employees in violation of this section shall not remedy the
6violation by reducing the wage rate of any employee.
7 Sec. 9. Section 216.6A, subsection 3, paragraph d, Code
82023, is amended to read as follows:
9d. Pay differential is based on any other factor other than
10the age, race, creed, color, sex, sexual orientation, gender
11identity, national origin, religion, or disability of such
12employee.
13 Sec. 10. Section 216.7, subsection 1, paragraphs a and b,
14Code 2023, are amended to read as follows:
15a. To refuse or deny to any person because of race,
16creed, color, sex, sexual orientation, gender identity,
17 national origin, religion, or disability the accommodations,
18advantages, facilities, services, or privileges thereof,
19or otherwise to discriminate against any person because of
20race, creed, color, sex, sexual orientation, gender identity,
21 national origin, religion, or disability in the furnishing
22of such accommodations, advantages, facilities, services, or
23privileges.
24b. To directly or indirectly advertise or in any other
25manner indicate or publicize that the patronage of persons of
26any particular race, creed, color, sex, sexual orientation,
27gender identity, national origin, religion, or disability is
28unwelcome, objectionable, not acceptable, or not solicited.
29 Sec. 11. Section 216.7, subsection 2, paragraph a, Code
302023, is amended to read as follows:
31a. Any bona fide religious institution with respect to any
32qualifications the institution may impose based on religion, or
33 sexual orientation, or gender identity when such qualifications
34are related to a bona fide religious purpose.
35 Sec. 12. Section 216.8, subsection 1, paragraphs a, b, c,
-4-1and d, Code 2023, are amended to read as follows:
2a. To refuse to sell, rent, lease, assign, sublease, refuse
3to negotiate, or to otherwise make unavailable, or deny any
4real property or housing accommodation or part, portion, or
5interest therein, to any person because of the race, color,
6creed, sex, sexual orientation, gender identity, religion,
7national origin, disability, or familial status of such person.
8b. To discriminate against any person because of the
9person’s race, color, creed, sex, sexual orientation, gender
10identity, religion, national origin, disability, or familial
11status, in the terms, conditions, or privileges of the sale,
12rental, lease assignment, or sublease of any real property or
13housing accommodation or any part, portion, or interest in the
14real property or housing accommodation or in the provision of
15services or facilities in connection with the real property or
16housing accommodation.
17c. To directly or indirectly advertise, or in any other
18manner indicate or publicize that the purchase, rental,
19lease, assignment, or sublease of any real property or housing
20accommodation or any part, portion, or interest therein, by
21persons of any particular race, color, creed, sex, sexual
22orientation, gender identity, religion, national origin,
23disability, or familial status is unwelcome, objectionable, not
24acceptable, or not solicited.
25d. To discriminate against the lessee or purchaser of any
26real property or housing accommodation or part, portion, or
27interest of the real property or housing accommodation, or
28against any prospective lessee or purchaser of the property or
29accommodation, because of the race, color, creed, religion,
30sex, sexual orientation, gender identity, disability, age, or
31national origin of persons who may from time to time be present
32in or on the lessee’s or owner’s premises for lawful purposes
33at the invitation of the lessee or owner as friends, guests,
34visitors, relatives, or in any similar capacity.
35 Sec. 13. Section 216.8A, subsections 1, 2, and 5, Code 2023,
-5-1are amended to read as follows:
21. A person shall not induce or attempt to induce another
3person to sell or rent a dwelling by representations regarding
4the entry or prospective entry into a neighborhood of a person
5of a particular race, color, creed, sex, sexual orientation,
6gender identity, religion, national origin, disability, or
7familial status.
82. A person shall not represent to a person of a particular
9race, color, creed, sex, sexual orientation, gender identity,
10 religion, national origin, disability, or familial status that
11a dwelling is not available for inspection, sale, or rental
12when the dwelling is available for inspection, sale, or rental.
135. A person shall not deny another person access to,
14or membership or participation in, a multiple-listing
15service, real estate brokers’ organization or other service,
16organization, or facility relating to the business of selling
17or renting dwellings, or discriminate against a person in
18terms or conditions of access, membership, or participation in
19such organization because of race, color, creed, sex, sexual
20orientation, gender identity, religion, national origin,
21disability, or familial status.
22 Sec. 14. Section 216.8A, subsection 4, paragraph a, Code
232023, is amended to read as follows:
24a. A person whose business includes engaging in residential
25real estate related transactions shall not discriminate
26against a person in making a residential real estate
27related transaction available or in terms or conditions of
28a residential real estate related transaction because of
29race, color, creed, sex, sexual orientation, gender identity,
30 religion, national origin, disability, or familial status.
31 Sec. 15. Section 216.9, subsection 1, unnumbered paragraph
321, Code 2023, is amended to read as follows:
33It is an unfair or discriminatory practice for any
34educational institution to discriminate on the basis of
35race, creed, color, sex, sexual orientation, gender identity,
-6-1 national origin, religion, or disability in any program or
2activity. Such discriminatory practices shall include but not
3be limited to the following practices:
4 Sec. 16. Section 216.9, subsection 2, Code 2023, is amended
5to read as follows:
62. For the purpose of this section, “educational
7institution” includes any preschool, elementary or secondary
8school, community college, area education agency, or
9postsecondary college or university and their governing boards.
10This section does not prohibit an educational institution
11from maintaining separate toilet facilities, locker rooms, or
12living facilities for the different sexes so long as comparable
13facilities are provided. Nothing in this section shall be
14construed as prohibiting any bona fide religious institution
15from imposing qualifications based on religion, or sexual
16orientation, or gender identity when such qualifications are
17related to a bona fide religious purpose or any institution
18from admitting students of only one sex.
19 Sec. 17. Section 216.10, subsection 1, paragraphs a, b, and
20c, Code 2023, are amended to read as follows:
21a. Creditor to refuse to enter into a consumer credit
22transaction or impose finance charges or other terms or
23conditions more onerous than those regularly extended by that
24creditor to consumers of similar economic backgrounds because
25of age, color, creed, national origin, race, religion, marital
26status, sex, sexual orientation, gender identity, physical
27disability, or familial status.
28b. Person authorized or licensed to do business in this
29state pursuant to chapter 524, 533, 536, or 536A to refuse
30to loan or extend credit or to impose terms or conditions
31more onerous than those regularly extended to persons of
32similar economic backgrounds because of age, color, creed,
33national origin, race, religion, marital status, sex, sexual
34orientation, gender identity, physical disability, or familial
35status.
-7- 1c. Creditor to refuse to offer credit life or health and
2accident insurance because of color, creed, national origin,
3race, religion, marital status, age, physical disability,
4sex, sexual orientation, gender identity, or familial status.
5Refusal by a creditor to offer credit life or health and
6accident insurance based upon the age or physical disability of
7the consumer shall not be an unfair or discriminatory practice
8if such denial is based solely upon bona fide underwriting
9considerations not prohibited by Title XIII, subtitle 1.
10 Sec. 18. Section 216.12, subsection 1, paragraph a, Code
112023, is amended to read as follows:
12a. Any bona fide religious institution with respect to
13any qualifications it may impose based on religion, or sexual
14orientation, or gender identity, when the qualifications are
15related to a bona fide religious purpose, unless the religious
16institution owns or operates property for a commercial purpose
17or membership in the religion is restricted on account of race,
18color, or national origin.
19 Sec. 19. Section 216.12A, Code 2023, is amended to read as
20follows:
21216.12A Additional housing exception.
22Sections 216.8 and 216.8A do not prohibit a person engaged
23in the business of furnishing appraisals of real estate from
24taking into consideration factors other than race, color,
25creed, sex, sexual orientation, gender identity, religion,
26national origin, disability, or familial status in appraising
27real estate.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31This bill relates to gender under Code chapter 216, the Iowa
32civil rights Act.
33Under current law, Code chapter 216 prohibits discrimination
34in employment, wages, public accommodations, housing,
35education, and credit practices based upon certain
-8-1characteristics of a person, including sex and gender
2identity. A person who claims to be aggrieved by an unfair
3or discriminatory practice prohibited by Code chapter 216 may
4file a complaint with the Iowa civil rights commission. Code
5chapter 216 defines “gender identity” as the gender-related
6identity of a person, regardless of the person’s assigned sex
7at birth. For purposes of Code chapter 216, the bill removes
8gender identity as a protected class and defines “sex” to mean
9a person’s biological sex as either male or female.
-9-cm/ns