Print
House File 455 - IntroducedA Bill ForAn Act 1relating to protected classes under the Iowa civil
2rights Act.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 216.5, subsections 6 and 8, Code 2023,
2are amended to read as follows:
36. To issue such publications and reports of investigations
4and research as in the judgment of the commission shall tend
5to promote goodwill among the various racial, religious, and
6ethnic groups of the state and which shall tend to minimize or
7eliminate discrimination in public accommodations, employment,
8apprenticeship and on-the-job training programs, vocational
9schools, career and technical education programs, or housing
10because of race, creed, color, sex, sexual orientation, gender
11identity, national origin, religion, ancestry, political
12affiliation, medical or vaccination status, or disability.
138. To make recommendations to the general assembly for
14such further legislation concerning discrimination because of
15race, creed, color, sex, sexual orientation, gender identity,
16national origin, religion, ancestry, political affiliation,
17medical or vaccination status, or disability as it may deem
18necessary and desirable.
19 Sec. 2. Section 216.6, subsection 1, paragraphs a, b, and c,
20Code 2023, are amended to read as follows:
21a. Person to refuse to hire, accept, register, classify,
22or refer for employment, to discharge any employee, or to
23otherwise discriminate in employment against any applicant for
24employment or any employee because of the age, race, creed,
25color, sex, sexual orientation, gender identity, national
26origin, religion, political affiliation, medical or vaccination
27status, or disability of such applicant or employee, unless
28based upon the nature of the occupation. If a person with a
29disability is qualified to perform a particular occupation,
30by reason of training or experience, the nature of that
31occupation shall not be the basis for exception to the unfair
32or discriminatory practices prohibited by this subsection.
33b. Labor organization or the employees, agents, or members
34thereof to refuse to admit to membership any applicant, to
35expel any member, or to otherwise discriminate against any
-1-1applicant for membership or any member in the privileges,
2rights, or benefits of such membership because of the age,
3race, creed, color, sex, sexual orientation, gender identity,
4national origin, religion, political affiliation, medical or
5vaccination status, or disability of such applicant or member.
6c. Employer, employment agency, labor organization, or the
7employees, agents, or members thereof to directly or indirectly
8advertise or in any other manner indicate or publicize that
9individuals of any particular age, race, creed, color, sex,
10sexual orientation, gender identity, national origin, religion,
11political affiliation, medical or vaccination status, or
12disability are unwelcome, objectionable, not acceptable, or
13not solicited for employment or membership unless based on the
14nature of the occupation.
15(1) If a person with a disability is qualified to perform a
16particular occupation by reason of training or experience, the
17nature of that occupation shall not be the basis for exception
18to the unfair or discriminatory practices prohibited by this
19subsection.
20(2) An employer, employment agency, or their employees,
21servants, or agents may offer employment or advertise for
22employment to only persons with disabilities, when other
23applicants have available to them other employment compatible
24with their ability which would not be available to persons
25with disabilities because of their disabilities. Any such
26employment or offer of employment shall not discriminate
27among persons with disabilities on the basis of race, color,
28creed, sex, sexual orientation, gender identity, political
29affiliation, medical or vaccination status, or national origin.
30 Sec. 3. Section 216.6A, subsection 1, paragraph a,
31unnumbered paragraph 1, Code 2023, is amended to read as
32follows:
33The general assembly finds that the practice of
34discriminating against any employee because of the age,
35race, creed, color, sex, sexual orientation, gender identity,
-2-1national origin, religion, political affiliation, medical or
2vaccination status, or disability of such employee by paying
3wages to such employee at a rate less than the rate paid to
4other employees does all of the following:
5 Sec. 4. Section 216.6A, subsection 1, paragraph b, Code
62023, is amended to read as follows:
7b. The general assembly declares that it is the policy
8of this state to correct and, as rapidly as possible, to
9eliminate, discriminatory wage practices based on age, race,
10creed, color, sex, sexual orientation, gender identity,
11national origin, religion, political affiliation, medical or
12vaccination status, and disability.
13 Sec. 5. Section 216.6A, subsection 2, paragraph a, Code
142023, is amended to read as follows:
15a. It shall be an unfair or discriminatory practice for
16any employer or agent of any employer to discriminate against
17any employee because of the age, race, creed, color, sex,
18sexual orientation, gender identity, national origin, religion,
19political affiliation, medical or vaccination status, or
20disability of such employee by paying wages to such employee
21at a rate less than the rate paid to other employees who are
22employed within the same establishment for equal work on jobs,
23the performance of which requires equal skill, effort, and
24responsibility, and which are performed under similar working
25conditions. An employer or agent of an employer who is paying
26wages to an employee at a rate less than the rate paid to other
27employees in violation of this section shall not remedy the
28violation by reducing the wage rate of any employee.
29 Sec. 6. Section 216.6A, subsection 3, paragraph d, Code
302023, is amended to read as follows:
31d. Pay differential is based on any other factor other than
32the age, race, creed, color, sex, sexual orientation, gender
33identity, national origin, religion, political affiliation,
34medical or vaccination status, or disability of such employee.
35 Sec. 7. Section 216.7, subsection 1, paragraphs a and b,
-3-1Code 2023, are amended to read as follows:
2a. To refuse or deny to any person because of race, creed,
3color, sex, sexual orientation, gender identity, national
4origin, religion, or disability the accommodations, advantages,
5facilities, services, or privileges thereof, or otherwise
6to discriminate against any person because of race, creed,
7color, sex, sexual orientation, gender identity, national
8origin, religion, political affiliation, medical or vaccination
9status, or disability in the furnishing of such accommodations,
10advantages, facilities, services, or privileges.
11b. To directly or indirectly advertise or in any other
12manner indicate or publicize that the patronage of persons of
13any particular race, creed, color, sex, sexual orientation,
14gender identity, national origin, religion, political
15affiliation, medical or vaccination status, or disability is
16unwelcome, objectionable, not acceptable, or not solicited.
17 Sec. 8. Section 216.8, subsection 1, paragraphs a, b, c, and
18d, Code 2023, are amended to read as follows:
19a. To refuse to sell, rent, lease, assign, sublease, refuse
20to negotiate, or to otherwise make unavailable, or deny any
21real property or housing accommodation or part, portion, or
22interest therein, to any person because of the race, color,
23creed, sex, sexual orientation, gender identity, religion,
24national origin, disability, political affiliation, medical or
25vaccination status, or familial status of such person.
26b. To discriminate against any person because of the
27person’s race, color, creed, sex, sexual orientation, gender
28identity, religion, national origin, disability, political
29affiliation, medical or vaccination status, or familial status,
30in the terms, conditions, or privileges of the sale, rental,
31lease assignment, or sublease of any real property or housing
32accommodation or any part, portion, or interest in the real
33property or housing accommodation or in the provision of
34services or facilities in connection with the real property or
35housing accommodation.
-4- 1c. To directly or indirectly advertise, or in any other
2manner indicate or publicize that the purchase, rental,
3lease, assignment, or sublease of any real property or housing
4accommodation or any part, portion, or interest therein, by
5persons of any particular race, color, creed, sex, sexual
6orientation, gender identity, religion, national origin,
7disability, political affiliation, medical or vaccination
8status, or familial status is unwelcome, objectionable, not
9acceptable, or not solicited.
10d. To discriminate against the lessee or purchaser of any
11real property or housing accommodation or part, portion, or
12interest of the real property or housing accommodation, or
13against any prospective lessee or purchaser of the property or
14accommodation, because of the race, color, creed, religion,
15sex, sexual orientation, gender identity, disability, age,
16political affiliation, medical or vaccination status, or
17national origin of persons who may from time to time be present
18in or on the lessee’s or owner’s premises for lawful purposes
19at the invitation of the lessee or owner as friends, guests,
20visitors, relatives, or in any similar capacity.
21 Sec. 9. Section 216.8A, subsections 1, 2, and 5, Code 2023,
22are amended to read as follows:
231. A person shall not induce or attempt to induce another
24person to sell or rent a dwelling by representations regarding
25the entry or prospective entry into a neighborhood of a person
26of a particular race, color, creed, sex, sexual orientation,
27gender identity, religion, national origin, disability,
28political affiliation, medical or vaccination status, or
29familial status.
302. A person shall not represent to a person of a particular
31race, color, creed, sex, sexual orientation, gender identity,
32religion, national origin, disability, political affiliation,
33medical or vaccination status, or familial status that a
34dwelling is not available for inspection, sale, or rental when
35the dwelling is available for inspection, sale, or rental.
-5- 15. A person shall not deny another person access to,
2or membership or participation in, a multiple-listing
3service, real estate brokers’ organization or other service,
4organization, or facility relating to the business of selling
5or renting dwellings, or discriminate against a person in
6terms or conditions of access, membership, or participation in
7such organization because of race, color, creed, sex, sexual
8orientation, gender identity, religion, national origin,
9disability, political affiliation, medical or vaccination
10status, or familial status.
11 Sec. 10. Section 216.8A, subsection 4, paragraph a, Code
122023, is amended to read as follows:
13a. A person whose business includes engaging in residential
14real estate related transactions shall not discriminate
15against a person in making a residential real estate
16related transaction available or in terms or conditions of
17a residential real estate related transaction because of
18race, color, creed, sex, sexual orientation, gender identity,
19religion, national origin, disability, political affiliation,
20medical or vaccination status, or familial status.
21 Sec. 11. Section 216.9, subsection 1, unnumbered paragraph
221, Code 2023, is amended to read as follows:
23It is an unfair or discriminatory practice for any
24educational institution to discriminate on the basis of
25race, creed, color, sex, sexual orientation, gender identity,
26national origin, religion, political affiliation, medical or
27vaccination status, or disability in any program or activity.
28Such discriminatory practices shall include but not be limited
29to the following practices:
30 Sec. 12. Section 216.10, subsection 1, paragraphs a, b, and
31c, Code 2023, are amended to read as follows:
32a. Creditor to refuse to enter into a consumer credit
33transaction or impose finance charges or other terms or
34conditions more onerous than those regularly extended by that
35creditor to consumers of similar economic backgrounds because
-6-1of age, color, creed, national origin, race, religion, marital
2status, sex, sexual orientation, gender identity, physical
3disability, political affiliation, medical or vaccination
4status, or familial status.
5b. Person authorized or licensed to do business in this
6state pursuant to chapter 524, 533, 536, or 536A to refuse
7to loan or extend credit or to impose terms or conditions
8more onerous than those regularly extended to persons of
9similar economic backgrounds because of age, color, creed,
10national origin, race, religion, marital status, sex, sexual
11orientation, gender identity, physical disability, political
12affiliation, medical or vaccination status, or familial status.
13c. Creditor to refuse to offer credit life or health and
14accident insurance because of color, creed, national origin,
15race, religion, marital status, age, physical disability, sex,
16sexual orientation, gender identity, political affiliation,
17medical or vaccination status, or familial status. Refusal
18by a creditor to offer credit life or health and accident
19insurance based upon the age or physical disability of the
20consumer shall not be an unfair or discriminatory practice
21if such denial is based solely upon bona fide underwriting
22considerations not prohibited by Title XIII, subtitle 1.
23 Sec. 13. Section 216.12A, Code 2023, is amended to read as
24follows:
25216.12A Additional housing exception.
26Sections 216.8 and 216.8A do not prohibit a person engaged
27in the business of furnishing appraisals of real estate from
28taking into consideration factors other than race, color,
29creed, sex, sexual orientation, gender identity, religion,
30national origin, disability, political affiliation, medical
31or vaccination status, or familial status in appraising real
32estate.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-7- 1This bill creates two additional protected classes under
2the Iowa civil rights Act (Code chapter 216), political
3affiliation and medical or vaccination status. Current law
4does not prohibit discrimination in employment, wages, public
5accommodations, housing, education, and credit practices based
6on a person’s political affiliation or a person’s medical or
7vaccination status.
-8-cm/ns
2rights Act.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 216.5, subsections 6 and 8, Code 2023,
2are amended to read as follows:
36. To issue such publications and reports of investigations
4and research as in the judgment of the commission shall tend
5to promote goodwill among the various racial, religious, and
6ethnic groups of the state and which shall tend to minimize or
7eliminate discrimination in public accommodations, employment,
8apprenticeship and on-the-job training programs, vocational
9schools, career and technical education programs, or housing
10because of race, creed, color, sex, sexual orientation, gender
11identity, national origin, religion, ancestry, political
12affiliation, medical or vaccination status, or disability.
138. To make recommendations to the general assembly for
14such further legislation concerning discrimination because of
15race, creed, color, sex, sexual orientation, gender identity,
16national origin, religion, ancestry, political affiliation,
17medical or vaccination status, or disability as it may deem
18necessary and desirable.
19 Sec. 2. Section 216.6, subsection 1, paragraphs a, b, and c,
20Code 2023, are amended to read as follows:
21a. Person to refuse to hire, accept, register, classify,
22or refer for employment, to discharge any employee, or to
23otherwise discriminate in employment against any applicant for
24employment or any employee because of the age, race, creed,
25color, sex, sexual orientation, gender identity, national
26origin, religion, political affiliation, medical or vaccination
27status, or disability of such applicant or employee, unless
28based upon the nature of the occupation. If a person with a
29disability is qualified to perform a particular occupation,
30by reason of training or experience, the nature of that
31occupation shall not be the basis for exception to the unfair
32or discriminatory practices prohibited by this subsection.
33b. Labor organization or the employees, agents, or members
34thereof to refuse to admit to membership any applicant, to
35expel any member, or to otherwise discriminate against any
-1-1applicant for membership or any member in the privileges,
2rights, or benefits of such membership because of the age,
3race, creed, color, sex, sexual orientation, gender identity,
4national origin, religion, political affiliation, medical or
5vaccination status, or disability of such applicant or member.
6c. Employer, employment agency, labor organization, or the
7employees, agents, or members thereof to directly or indirectly
8advertise or in any other manner indicate or publicize that
9individuals of any particular age, race, creed, color, sex,
10sexual orientation, gender identity, national origin, religion,
11political affiliation, medical or vaccination status, or
12disability are unwelcome, objectionable, not acceptable, or
13not solicited for employment or membership unless based on the
14nature of the occupation.
15(1) If a person with a disability is qualified to perform a
16particular occupation by reason of training or experience, the
17nature of that occupation shall not be the basis for exception
18to the unfair or discriminatory practices prohibited by this
19subsection.
20(2) An employer, employment agency, or their employees,
21servants, or agents may offer employment or advertise for
22employment to only persons with disabilities, when other
23applicants have available to them other employment compatible
24with their ability which would not be available to persons
25with disabilities because of their disabilities. Any such
26employment or offer of employment shall not discriminate
27among persons with disabilities on the basis of race, color,
28creed, sex, sexual orientation, gender identity, political
29affiliation, medical or vaccination status, or national origin.
30 Sec. 3. Section 216.6A, subsection 1, paragraph a,
31unnumbered paragraph 1, Code 2023, is amended to read as
32follows:
33The general assembly finds that the practice of
34discriminating against any employee because of the age,
35race, creed, color, sex, sexual orientation, gender identity,
-2-1national origin, religion, political affiliation, medical or
2vaccination status, or disability of such employee by paying
3wages to such employee at a rate less than the rate paid to
4other employees does all of the following:
5 Sec. 4. Section 216.6A, subsection 1, paragraph b, Code
62023, is amended to read as follows:
7b. The general assembly declares that it is the policy
8of this state to correct and, as rapidly as possible, to
9eliminate, discriminatory wage practices based on age, race,
10creed, color, sex, sexual orientation, gender identity,
11national origin, religion, political affiliation, medical or
12vaccination status, and disability.
13 Sec. 5. Section 216.6A, subsection 2, paragraph a, Code
142023, is amended to read as follows:
15a. It shall be an unfair or discriminatory practice for
16any employer or agent of any employer to discriminate against
17any employee because of the age, race, creed, color, sex,
18sexual orientation, gender identity, national origin, religion,
19political affiliation, medical or vaccination status, or
20disability of such employee by paying wages to such employee
21at a rate less than the rate paid to other employees who are
22employed within the same establishment for equal work on jobs,
23the performance of which requires equal skill, effort, and
24responsibility, and which are performed under similar working
25conditions. An employer or agent of an employer who is paying
26wages to an employee at a rate less than the rate paid to other
27employees in violation of this section shall not remedy the
28violation by reducing the wage rate of any employee.
29 Sec. 6. Section 216.6A, subsection 3, paragraph d, Code
302023, is amended to read as follows:
31d. Pay differential is based on any other factor other than
32the age, race, creed, color, sex, sexual orientation, gender
33identity, national origin, religion, political affiliation,
34medical or vaccination status, or disability of such employee.
35 Sec. 7. Section 216.7, subsection 1, paragraphs a and b,
-3-1Code 2023, are amended to read as follows:
2a. To refuse or deny to any person because of race, creed,
3color, sex, sexual orientation, gender identity, national
4origin, religion, or disability the accommodations, advantages,
5facilities, services, or privileges thereof, or otherwise
6to discriminate against any person because of race, creed,
7color, sex, sexual orientation, gender identity, national
8origin, religion, political affiliation, medical or vaccination
9status, or disability in the furnishing of such accommodations,
10advantages, facilities, services, or privileges.
11b. To directly or indirectly advertise or in any other
12manner indicate or publicize that the patronage of persons of
13any particular race, creed, color, sex, sexual orientation,
14gender identity, national origin, religion, political
15affiliation, medical or vaccination status, or disability is
16unwelcome, objectionable, not acceptable, or not solicited.
17 Sec. 8. Section 216.8, subsection 1, paragraphs a, b, c, and
18d, Code 2023, are amended to read as follows:
19a. To refuse to sell, rent, lease, assign, sublease, refuse
20to negotiate, or to otherwise make unavailable, or deny any
21real property or housing accommodation or part, portion, or
22interest therein, to any person because of the race, color,
23creed, sex, sexual orientation, gender identity, religion,
24national origin, disability, political affiliation, medical or
25vaccination status, or familial status of such person.
26b. To discriminate against any person because of the
27person’s race, color, creed, sex, sexual orientation, gender
28identity, religion, national origin, disability, political
29affiliation, medical or vaccination status, or familial status,
30in the terms, conditions, or privileges of the sale, rental,
31lease assignment, or sublease of any real property or housing
32accommodation or any part, portion, or interest in the real
33property or housing accommodation or in the provision of
34services or facilities in connection with the real property or
35housing accommodation.
-4- 1c. To directly or indirectly advertise, or in any other
2manner indicate or publicize that the purchase, rental,
3lease, assignment, or sublease of any real property or housing
4accommodation or any part, portion, or interest therein, by
5persons of any particular race, color, creed, sex, sexual
6orientation, gender identity, religion, national origin,
7disability, political affiliation, medical or vaccination
8status, or familial status is unwelcome, objectionable, not
9acceptable, or not solicited.
10d. To discriminate against the lessee or purchaser of any
11real property or housing accommodation or part, portion, or
12interest of the real property or housing accommodation, or
13against any prospective lessee or purchaser of the property or
14accommodation, because of the race, color, creed, religion,
15sex, sexual orientation, gender identity, disability, age,
16political affiliation, medical or vaccination status, or
17national origin of persons who may from time to time be present
18in or on the lessee’s or owner’s premises for lawful purposes
19at the invitation of the lessee or owner as friends, guests,
20visitors, relatives, or in any similar capacity.
21 Sec. 9. Section 216.8A, subsections 1, 2, and 5, Code 2023,
22are amended to read as follows:
231. A person shall not induce or attempt to induce another
24person to sell or rent a dwelling by representations regarding
25the entry or prospective entry into a neighborhood of a person
26of a particular race, color, creed, sex, sexual orientation,
27gender identity, religion, national origin, disability,
28political affiliation, medical or vaccination status, or
29familial status.
302. A person shall not represent to a person of a particular
31race, color, creed, sex, sexual orientation, gender identity,
32religion, national origin, disability, political affiliation,
33medical or vaccination status, or familial status that a
34dwelling is not available for inspection, sale, or rental when
35the dwelling is available for inspection, sale, or rental.
-5- 15. A person shall not deny another person access to,
2or membership or participation in, a multiple-listing
3service, real estate brokers’ organization or other service,
4organization, or facility relating to the business of selling
5or renting dwellings, or discriminate against a person in
6terms or conditions of access, membership, or participation in
7such organization because of race, color, creed, sex, sexual
8orientation, gender identity, religion, national origin,
9disability, political affiliation, medical or vaccination
10status, or familial status.
11 Sec. 10. Section 216.8A, subsection 4, paragraph a, Code
122023, is amended to read as follows:
13a. A person whose business includes engaging in residential
14real estate related transactions shall not discriminate
15against a person in making a residential real estate
16related transaction available or in terms or conditions of
17a residential real estate related transaction because of
18race, color, creed, sex, sexual orientation, gender identity,
19religion, national origin, disability, political affiliation,
20medical or vaccination status, or familial status.
21 Sec. 11. Section 216.9, subsection 1, unnumbered paragraph
221, Code 2023, is amended to read as follows:
23It is an unfair or discriminatory practice for any
24educational institution to discriminate on the basis of
25race, creed, color, sex, sexual orientation, gender identity,
26national origin, religion, political affiliation, medical or
27vaccination status, or disability in any program or activity.
28Such discriminatory practices shall include but not be limited
29to the following practices:
30 Sec. 12. Section 216.10, subsection 1, paragraphs a, b, and
31c, Code 2023, are amended to read as follows:
32a. Creditor to refuse to enter into a consumer credit
33transaction or impose finance charges or other terms or
34conditions more onerous than those regularly extended by that
35creditor to consumers of similar economic backgrounds because
-6-1of age, color, creed, national origin, race, religion, marital
2status, sex, sexual orientation, gender identity, physical
3disability, political affiliation, medical or vaccination
4status, or familial status.
5b. Person authorized or licensed to do business in this
6state pursuant to chapter 524, 533, 536, or 536A to refuse
7to loan or extend credit or to impose terms or conditions
8more onerous than those regularly extended to persons of
9similar economic backgrounds because of age, color, creed,
10national origin, race, religion, marital status, sex, sexual
11orientation, gender identity, physical disability, political
12affiliation, medical or vaccination status, or familial status.
13c. Creditor to refuse to offer credit life or health and
14accident insurance because of color, creed, national origin,
15race, religion, marital status, age, physical disability, sex,
16sexual orientation, gender identity, political affiliation,
17medical or vaccination status, or familial status. Refusal
18by a creditor to offer credit life or health and accident
19insurance based upon the age or physical disability of the
20consumer shall not be an unfair or discriminatory practice
21if such denial is based solely upon bona fide underwriting
22considerations not prohibited by Title XIII, subtitle 1.
23 Sec. 13. Section 216.12A, Code 2023, is amended to read as
24follows:
25216.12A Additional housing exception.
26Sections 216.8 and 216.8A do not prohibit a person engaged
27in the business of furnishing appraisals of real estate from
28taking into consideration factors other than race, color,
29creed, sex, sexual orientation, gender identity, religion,
30national origin, disability, political affiliation, medical
31or vaccination status, or familial status in appraising real
32estate.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-7- 1This bill creates two additional protected classes under
2the Iowa civil rights Act (Code chapter 216), political
3affiliation and medical or vaccination status. Current law
4does not prohibit discrimination in employment, wages, public
5accommodations, housing, education, and credit practices based
6on a person’s political affiliation or a person’s medical or
7vaccination status.
-8-cm/ns