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Senate File 435 - 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. NEW SECTION. 216.23 Reasonable accommodations to
2employees — pregnancy or childbirth.
31. An employer shall provide reasonable accommodations
4to an employee based on medical conditions related to the
5employee’s pregnancy or childbirth if the employee so requests
6with the advice of the employee’s health care provider.
72. For purposes of this section, “reasonable accommodations”
8means actions which would permit an employee with a medical
9condition relating to the employee’s pregnancy or childbirth to
10perform in a reasonable manner the activities involved in the
11employee’s specific occupation and include but are not limited
12to the provision of an accessible worksite, acquisition or
13modification of equipment, job restructuring, and a modified
14work schedule. “Reasonable accommodations” does not mean any
15action that would impose an undue hardship on the business of
16the employer from whom the action is requested.
17 Sec. 2. NEW SECTION. 216.24 Penalties.
18An employer who violates section 216.23 is subject to a civil
19penalty of up to seven hundred fifty dollars.
20 Sec. 3. NEW SECTION. 216.25 Duties and authority of the
21director.
221. The director shall adopt rules to implement and enforce
23section 216.23 and shall provide exemptions from the provisions
24of section 216.23 where reasonable.
252. In order to carry out the purposes of section 216.23,
26the director or the director’s representative, upon presenting
27appropriate credentials to the owner, operator, or agent in
28charge, may:
29a. Inspect employment records relating to the total number
30of employees and pregnant employees or employees recovering
31from childbirth, and the services provided to pregnant
32employees or employees recovering from childbirth.
33b. Interview an employer, owner, operator, agent, or
34employee, during working hours or at other reasonable times.
35 Sec. 4. NEW SECTION. 216.26 Collective bargaining
-1-1agreements.
2Compliance with the minimum standards required in section
3216.23 shall not be subject to or considered in collective
4bargaining.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8This bill requires employers to provide reasonable
9accommodations to employees based on pregnancy or childbirth.
10The bill requires an employer to provide reasonable
11accommodations to an employee based on medical conditions
12related to the employee’s pregnancy or childbirth if the
13employee requests reasonable accommodations with the advice of
14the employee’s health care provider.
15The bill defines “reasonable accommodations” as actions
16which would permit an employee with a medical condition
17relating to the employee’s pregnancy or childbirth to
18perform in a reasonable manner the activities involved in
19the employee’s specific occupation and include but are not
20limited to the provision of an accessible worksite, acquisition
21or modification of equipment, job restructuring, and a
22modified work schedule. The bill provides that “reasonable
23accommodations” does not mean any action that would impose an
24undue hardship on the business of the employer from whom the
25action is requested.
26The bill provides that an employer who violates the bill
27is subject to a civil penalty of up to $750. The director of
28the civil rights commission shall adopt rules to enforce the
29bill and provide exemptions where reasonable. The director
30or director’s representative upon presenting appropriate
31credentials to the person in charge may inspect employment
32records relating to the total number of employees and pregnant
33employees or employees recovering from childbirth and the
34services provided to pregnant employees or employees recovering
35from childbirth, as well as interview an employer, operator,
-2-1owner, agent, or employee during working hours or at other
2reasonable times.
3The bill provides that compliance with minimum standards
4required by the bill shall not be subject to or considered in
5collective bargaining.
-3-cm/rn
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. NEW SECTION. 216.23 Reasonable accommodations to
2employees — pregnancy or childbirth.
31. An employer shall provide reasonable accommodations
4to an employee based on medical conditions related to the
5employee’s pregnancy or childbirth if the employee so requests
6with the advice of the employee’s health care provider.
72. For purposes of this section, “reasonable accommodations”
8means actions which would permit an employee with a medical
9condition relating to the employee’s pregnancy or childbirth to
10perform in a reasonable manner the activities involved in the
11employee’s specific occupation and include but are not limited
12to the provision of an accessible worksite, acquisition or
13modification of equipment, job restructuring, and a modified
14work schedule. “Reasonable accommodations” does not mean any
15action that would impose an undue hardship on the business of
16the employer from whom the action is requested.
17 Sec. 2. NEW SECTION. 216.24 Penalties.
18An employer who violates section 216.23 is subject to a civil
19penalty of up to seven hundred fifty dollars.
20 Sec. 3. NEW SECTION. 216.25 Duties and authority of the
21director.
221. The director shall adopt rules to implement and enforce
23section 216.23 and shall provide exemptions from the provisions
24of section 216.23 where reasonable.
252. In order to carry out the purposes of section 216.23,
26the director or the director’s representative, upon presenting
27appropriate credentials to the owner, operator, or agent in
28charge, may:
29a. Inspect employment records relating to the total number
30of employees and pregnant employees or employees recovering
31from childbirth, and the services provided to pregnant
32employees or employees recovering from childbirth.
33b. Interview an employer, owner, operator, agent, or
34employee, during working hours or at other reasonable times.
35 Sec. 4. NEW SECTION. 216.26 Collective bargaining
-1-1agreements.
2Compliance with the minimum standards required in section
3216.23 shall not be subject to or considered in collective
4bargaining.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8This bill requires employers to provide reasonable
9accommodations to employees based on pregnancy or childbirth.
10The bill requires an employer to provide reasonable
11accommodations to an employee based on medical conditions
12related to the employee’s pregnancy or childbirth if the
13employee requests reasonable accommodations with the advice of
14the employee’s health care provider.
15The bill defines “reasonable accommodations” as actions
16which would permit an employee with a medical condition
17relating to the employee’s pregnancy or childbirth to
18perform in a reasonable manner the activities involved in
19the employee’s specific occupation and include but are not
20limited to the provision of an accessible worksite, acquisition
21or modification of equipment, job restructuring, and a
22modified work schedule. The bill provides that “reasonable
23accommodations” does not mean any action that would impose an
24undue hardship on the business of the employer from whom the
25action is requested.
26The bill provides that an employer who violates the bill
27is subject to a civil penalty of up to $750. The director of
28the civil rights commission shall adopt rules to enforce the
29bill and provide exemptions where reasonable. The director
30or director’s representative upon presenting appropriate
31credentials to the person in charge may inspect employment
32records relating to the total number of employees and pregnant
33employees or employees recovering from childbirth and the
34services provided to pregnant employees or employees recovering
35from childbirth, as well as interview an employer, operator,
-2-1owner, agent, or employee during working hours or at other
2reasonable times.
3The bill provides that compliance with minimum standards
4required by the bill shall not be subject to or considered in
5collective bargaining.
-3-cm/rn