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House File 2082 - IntroducedA Bill ForAn Act 1relating to gender identity and disability under the
2Iowa civil rights Act.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 216.2, subsection 5, Code 2024, is
2amended to read as follows:
35. “Disability” means the physical or mental condition
4of a person which constitutes a substantial disability, a
5diagnosis for gender dysphoria or any condition related to
6a gender identity disorder, and the condition of a person
7with a positive human immunodeficiency virus test result, a
8diagnosis of acquired immune deficiency syndrome, a diagnosis
9of acquired immune deficiency syndrome-related complex, or
10any other condition related to acquired immune deficiency
11syndrome. The inclusion of a condition related to a positive
12human immunodeficiency virus test result in the meaning of
13“disability” under the provisions of this chapter does not
14preclude the application of the provisions of this chapter
15to conditions resulting from other contagious or infectious
16diseases.
17 Sec. 2. Section 216.2, subsection 10, Code 2024, is amended
18by striking the subsection.
19 Sec. 3. Section 216.5, subsections 6 and 8, Code 2024, are
20amended to read as follows:
216. To issue such publications and reports of investigations
22and research as in the judgment of the commission shall tend
23to promote goodwill among the various racial, religious, and
24ethnic groups of the state and which shall tend to minimize or
25eliminate discrimination in public accommodations, employment,
26apprenticeship and on-the-job training programs, vocational
27schools, career and technical education programs, or housing
28because of race, creed, color, sex, sexual orientation, gender
29identity, national origin, religion, ancestry, or disability.
308. To make recommendations to the general assembly for
31such further legislation concerning discrimination because of
32race, creed, color, sex, sexual orientation, gender identity,
33 national origin, religion, ancestry, or disability as it may
34deem necessary and desirable.
35 Sec. 4. Section 216.6, subsection 1, paragraphs a, b, and c,
-1-1Code 2024, are amended to read as follows:
2a. Person to refuse to hire, accept, register, classify,
3or refer for employment, to discharge any employee, or to
4otherwise discriminate in employment against any applicant
5for employment or any employee because of the age, race,
6creed, color, sex, sexual orientation, gender identity,
7 national origin, religion, or disability of such applicant or
8employee, unless based upon the nature of the occupation. If a
9person with a disability is qualified to perform a particular
10occupation, by reason of training or experience, the nature
11of that occupation shall not be the basis for exception to
12the unfair or discriminatory practices prohibited by this
13subsection.
14b. Labor organization or the employees, agents, or members
15thereof to refuse to admit to membership any applicant, to
16expel any member, or to otherwise discriminate against any
17applicant for membership or any member in the privileges,
18rights, or benefits of such membership because of the age,
19race, creed, color, sex, sexual orientation, gender identity,
20 national origin, religion, or disability of such applicant or
21member.
22c. Employer, employment agency, labor organization, or the
23employees, agents, or members thereof to directly or indirectly
24advertise or in any other manner indicate or publicize that
25individuals of any particular age, race, creed, color, sex,
26sexual orientation, gender identity, national origin, religion,
27or disability are unwelcome, objectionable, not acceptable, or
28not solicited for employment or membership unless based on the
29nature of the occupation.
30(1) If a person with a disability is qualified to perform a
31particular occupation by reason of training or experience, the
32nature of that occupation shall not be the basis for exception
33to the unfair or discriminatory practices prohibited by this
34subsection.
35(2) An employer, employment agency, or their employees,
-2-1servants, or agents may offer employment or advertise for
2employment to only persons with disabilities, when other
3applicants have available to them other employment compatible
4with their ability which would not be available to persons
5with disabilities because of their disabilities. Any such
6employment or offer of employment shall not discriminate among
7persons with disabilities on the basis of race, color, creed,
8sex, sexual orientation, gender identity, or national origin.
9 Sec. 5. Section 216.6, subsection 6, paragraph d, Code 2024,
10is amended to read as follows:
11d. Any bona fide religious institution or its educational
12facility, association, corporation, or society with respect
13to any qualifications for employment based on religion, or
14 sexual orientation, or gender identity when such qualifications
15are related to a bona fide religious purpose. A religious
16qualification for instructional personnel or an administrative
17officer, serving in a supervisory capacity of a bona fide
18religious educational facility or religious institution, shall
19be presumed to be a bona fide occupational qualification.
20 Sec. 6. Section 216.6A, subsection 1, paragraph a,
21unnumbered paragraph 1, Code 2024, is amended to read as
22follows:
23The general assembly finds that the practice of
24discriminating against any employee because of the age,
25race, creed, color, sex, sexual orientation, gender identity,
26 national origin, religion, or disability of such employee by
27paying wages to such employee at a rate less than the rate paid
28to other employees does all of the following:
29 Sec. 7. Section 216.6A, subsection 1, paragraph b, Code
302024, is amended to read as follows:
31b. The general assembly declares that it is the policy
32of this state to correct and, as rapidly as possible, to
33eliminate, discriminatory wage practices based on age, race,
34creed, color, sex, sexual orientation, gender identity,
35 national origin, religion, and disability.
-3-1 Sec. 8. Section 216.6A, subsection 2, paragraph a, Code
22024, is amended to read as follows:
3a. It shall be an unfair or discriminatory practice for any
4employer or agent of any employer to discriminate against any
5employee because of the age, race, creed, color, sex, sexual
6orientation, gender identity, national origin, religion, or
7disability of such employee by paying wages to such employee
8at a rate less than the rate paid to other employees who are
9employed within the same establishment for equal work on jobs,
10the performance of which requires equal skill, effort, and
11responsibility, and which are performed under similar working
12conditions. An employer or agent of an employer who is paying
13wages to an employee at a rate less than the rate paid to other
14employees in violation of this section shall not remedy the
15violation by reducing the wage rate of any employee.
16 Sec. 9. Section 216.6A, subsection 3, paragraph d, Code
172024, is amended to read as follows:
18d. Pay differential is based on any other factor other than
19the age, race, creed, color, sex, sexual orientation, gender
20identity, national origin, religion, or disability of such
21employee.
22 Sec. 10. Section 216.7, subsection 1, paragraphs a and b,
23Code 2024, are amended to read as follows:
24a. To refuse or deny to any person because of race,
25creed, color, sex, sexual orientation, gender identity,
26 national origin, religion, or disability the accommodations,
27advantages, facilities, services, or privileges thereof,
28or otherwise to discriminate against any person because of
29race, creed, color, sex, sexual orientation, gender identity,
30 national origin, religion, or disability in the furnishing
31of such accommodations, advantages, facilities, services, or
32privileges.
33b. To directly or indirectly advertise or in any other
34manner indicate or publicize that the patronage of persons of
35any particular race, creed, color, sex, sexual orientation,
-4-1gender identity, national origin, religion, or disability is
2unwelcome, objectionable, not acceptable, or not solicited.
3 Sec. 11. Section 216.7, subsection 2, paragraph a, Code
42024, is amended to read as follows:
5a. Any bona fide religious institution with respect to any
6qualifications the institution may impose based on religion, or
7 sexual orientation, or gender identity when such qualifications
8are related to a bona fide religious purpose.
9 Sec. 12. Section 216.8, subsection 1, paragraphs a, b, c,
10and d, Code 2024, are amended to read as follows:
11a. To refuse to sell, rent, lease, assign, sublease, refuse
12to negotiate, or to otherwise make unavailable, or deny any
13real property or housing accommodation or part, portion, or
14interest therein, to any person because of the race, color,
15creed, sex, sexual orientation, gender identity, religion,
16national origin, disability, or familial status of such person.
17b. To discriminate against any person because of the
18person’s race, color, creed, sex, sexual orientation, gender
19identity, religion, national origin, disability, or familial
20status, in the terms, conditions, or privileges of the sale,
21rental, lease assignment, or sublease of any real property or
22housing accommodation or any part, portion, or interest in the
23real property or housing accommodation or in the provision of
24services or facilities in connection with the real property or
25housing accommodation.
26c. To directly or indirectly advertise, or in any other
27manner indicate or publicize that the purchase, rental,
28lease, assignment, or sublease of any real property or housing
29accommodation or any part, portion, or interest therein, by
30persons of any particular race, color, creed, sex, sexual
31orientation, gender identity, religion, national origin,
32disability, or familial status is unwelcome, objectionable, not
33acceptable, or not solicited.
34d. To discriminate against the lessee or purchaser of any
35real property or housing accommodation or part, portion, or
-5-1interest of the real property or housing accommodation, or
2against any prospective lessee or purchaser of the property or
3accommodation, because of the race, color, creed, religion,
4sex, sexual orientation, gender identity, disability, age, or
5national origin of persons who may from time to time be present
6in or on the lessee’s or owner’s premises for lawful purposes
7at the invitation of the lessee or owner as friends, guests,
8visitors, relatives, or in any similar capacity.
9 Sec. 13. Section 216.8A, subsections 1, 2, and 5, Code 2024,
10are amended to read as follows:
111. A person shall not induce or attempt to induce another
12person to sell or rent a dwelling by representations regarding
13the entry or prospective entry into a neighborhood of a person
14of a particular race, color, creed, sex, sexual orientation,
15gender identity, religion, national origin, disability, or
16familial status.
172. A person shall not represent to a person of a particular
18race, color, creed, sex, sexual orientation, gender identity,
19 religion, national origin, disability, or familial status that
20a dwelling is not available for inspection, sale, or rental
21when the dwelling is available for inspection, sale, or rental.
225. A person shall not deny another person access to,
23or membership or participation in, a multiple-listing
24service, real estate brokers’ organization or other service,
25organization, or facility relating to the business of selling
26or renting dwellings, or discriminate against a person in
27terms or conditions of access, membership, or participation in
28such organization because of race, color, creed, sex, sexual
29orientation, gender identity, religion, national origin,
30disability, or familial status.
31 Sec. 14. Section 216.8A, subsection 4, paragraph a, Code
322024, is amended to read as follows:
33a. A person whose business includes engaging in residential
34real estate related transactions shall not discriminate
35against a person in making a residential real estate
-6-1related transaction available or in terms or conditions of
2a residential real estate related transaction because of
3race, color, creed, sex, sexual orientation, gender identity,
4 religion, national origin, disability, or familial status.
5 Sec. 15. Section 216.9, subsection 1, unnumbered paragraph
61, Code 2024, is amended to read as follows:
7It is an unfair or discriminatory practice for any
8educational institution to discriminate on the basis of
9race, creed, color, sex, sexual orientation, gender identity,
10 national origin, religion, or disability in any program or
11activity. Such discriminatory practices shall include but not
12be limited to the following practices:
13 Sec. 16. Section 216.9, subsection 2, Code 2024, is amended
14to read as follows:
152. For the purpose of this section, “educational
16institution” includes any preschool, elementary or secondary
17school, community college, area education agency, or
18postsecondary college or university and their governing boards.
19This section does not prohibit an educational institution
20from maintaining separate toilet facilities, locker rooms, or
21living facilities for the different sexes so long as comparable
22facilities are provided. Nothing in this section shall be
23construed as prohibiting any bona fide religious institution
24from imposing qualifications based on religion, or sexual
25orientation, or gender identity when such qualifications are
26related to a bona fide religious purpose or any institution
27from admitting students of only one sex.
28 Sec. 17. Section 216.10, subsection 1, paragraphs a, b, and
29c, Code 2024, are amended to read as follows:
30a. Creditor to refuse to enter into a consumer credit
31transaction or impose finance charges or other terms or
32conditions more onerous than those regularly extended by that
33creditor to consumers of similar economic backgrounds because
34of age, color, creed, national origin, race, religion, marital
35status, sex, sexual orientation, gender identity, physical
-7-1disability, or familial status.
2b. Person authorized or licensed to do business in this
3state pursuant to chapter 524, 533, 536, or 536A to refuse
4to loan or extend credit or to impose terms or conditions
5more onerous than those regularly extended to persons of
6similar economic backgrounds because of age, color, creed,
7national origin, race, religion, marital status, sex, sexual
8orientation, gender identity, physical disability, or familial
9status.
10c. Creditor to refuse to offer credit life or health and
11accident insurance because of color, creed, national origin,
12race, religion, marital status, age, physical disability,
13sex, sexual orientation, gender identity, or familial status.
14Refusal by a creditor to offer credit life or health and
15accident insurance based upon the age or physical disability of
16the consumer shall not be an unfair or discriminatory practice
17if such denial is based solely upon bona fide underwriting
18considerations not prohibited by Title XIII, subtitle 1.
19 Sec. 18. Section 216.12, subsection 1, paragraph a, Code
202024, is amended to read as follows:
21a. Any bona fide religious institution with respect to
22any qualifications it may impose based on religion, or sexual
23orientation, or gender identity, when the qualifications are
24related to a bona fide religious purpose, unless the religious
25institution owns or operates property for a commercial purpose
26or membership in the religion is restricted on account of race,
27color, or national origin.
28 Sec. 19. Section 216.12A, Code 2024, is amended to read as
29follows:
30216.12A Additional housing exception.
31Sections 216.8 and 216.8A do not prohibit a person engaged
32in the business of furnishing appraisals of real estate from
33taking into consideration factors other than race, color,
34creed, sex, sexual orientation, gender identity, religion,
35national origin, disability, or familial status in appraising
-8-1real estate.
2 Sec. 20. Section 279.78, subsection 1, paragraph a, Code
32024, is amended to read as follows:
4a. “Gender identity” means the same as defined in section
5216.2 a gender-related identity of a person, regardless of the
6person’s assigned sex at birth.
7 Sec. 21. Section 279.80, subsection 1, paragraph a, Code
82024, is amended to read as follows:
9a. “Gender identity” means the same as defined in section
10216.2 279.78, subsection 1.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill relates to gender under Code chapter 216, the Iowa
15civil rights Act.
16Under current law, Code chapter 216 prohibits discrimination
17in employment, wages, public accommodations, housing,
18education, and credit practices based upon certain
19characteristics of a person, including gender identity.
20A person who claims to be aggrieved by an unfair or
21discriminatory practice prohibited by Code chapter 216 may
22file a complaint with the Iowa civil rights commission. Code
23chapter 216 provides various remedies for such practices. Code
24chapter 216 defines “gender identity” as the gender-related
25identity of a person, regardless of the person’s assigned sex
26at birth.
27For purposes of Code chapter 216, the bill removes gender
28identity as a protected class. The bill also adds a diagnosis
29for gender dysphoria or any condition related to a gender
30identity disorder to the definition of “disability” in Code
31chapter 216. Disability is a protected class for purposes of
32Code chapter 216.
33The bill makes conforming changes related to the strike of
34the definition of gender identity in Code chapter 216.
-9-je/jh
2Iowa civil rights Act.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 216.2, subsection 5, Code 2024, is
2amended to read as follows:
35. “Disability” means the physical or mental condition
4of a person which constitutes a substantial disability, a
5diagnosis for gender dysphoria or any condition related to
6a gender identity disorder, and the condition of a person
7with a positive human immunodeficiency virus test result, a
8diagnosis of acquired immune deficiency syndrome, a diagnosis
9of acquired immune deficiency syndrome-related complex, or
10any other condition related to acquired immune deficiency
11syndrome. The inclusion of a condition related to a positive
12human immunodeficiency virus test result in the meaning of
13“disability” under the provisions of this chapter does not
14preclude the application of the provisions of this chapter
15to conditions resulting from other contagious or infectious
16diseases.
17 Sec. 2. Section 216.2, subsection 10, Code 2024, is amended
18by striking the subsection.
19 Sec. 3. Section 216.5, subsections 6 and 8, Code 2024, are
20amended to read as follows:
216. To issue such publications and reports of investigations
22and research as in the judgment of the commission shall tend
23to promote goodwill among the various racial, religious, and
24ethnic groups of the state and which shall tend to minimize or
25eliminate discrimination in public accommodations, employment,
26apprenticeship and on-the-job training programs, vocational
27schools, career and technical education programs, or housing
28because of race, creed, color, sex, sexual orientation, gender
29identity, national origin, religion, ancestry, or disability.
308. To make recommendations to the general assembly for
31such further legislation concerning discrimination because of
32race, creed, color, sex, sexual orientation, gender identity,
33 national origin, religion, ancestry, or disability as it may
34deem necessary and desirable.
35 Sec. 4. Section 216.6, subsection 1, paragraphs a, b, and c,
-1-1Code 2024, are amended to read as follows:
2a. Person to refuse to hire, accept, register, classify,
3or refer for employment, to discharge any employee, or to
4otherwise discriminate in employment against any applicant
5for employment or any employee because of the age, race,
6creed, color, sex, sexual orientation, gender identity,
7 national origin, religion, or disability of such applicant or
8employee, unless based upon the nature of the occupation. If a
9person with a disability is qualified to perform a particular
10occupation, by reason of training or experience, the nature
11of that occupation shall not be the basis for exception to
12the unfair or discriminatory practices prohibited by this
13subsection.
14b. Labor organization or the employees, agents, or members
15thereof to refuse to admit to membership any applicant, to
16expel any member, or to otherwise discriminate against any
17applicant for membership or any member in the privileges,
18rights, or benefits of such membership because of the age,
19race, creed, color, sex, sexual orientation, gender identity,
20 national origin, religion, or disability of such applicant or
21member.
22c. Employer, employment agency, labor organization, or the
23employees, agents, or members thereof to directly or indirectly
24advertise or in any other manner indicate or publicize that
25individuals of any particular age, race, creed, color, sex,
26sexual orientation, gender identity, national origin, religion,
27or disability are unwelcome, objectionable, not acceptable, or
28not solicited for employment or membership unless based on the
29nature of the occupation.
30(1) If a person with a disability is qualified to perform a
31particular occupation by reason of training or experience, the
32nature of that occupation shall not be the basis for exception
33to the unfair or discriminatory practices prohibited by this
34subsection.
35(2) An employer, employment agency, or their employees,
-2-1servants, or agents may offer employment or advertise for
2employment to only persons with disabilities, when other
3applicants have available to them other employment compatible
4with their ability which would not be available to persons
5with disabilities because of their disabilities. Any such
6employment or offer of employment shall not discriminate among
7persons with disabilities on the basis of race, color, creed,
8sex, sexual orientation, gender identity, or national origin.
9 Sec. 5. Section 216.6, subsection 6, paragraph d, Code 2024,
10is amended to read as follows:
11d. Any bona fide religious institution or its educational
12facility, association, corporation, or society with respect
13to any qualifications for employment based on religion, or
14 sexual orientation, or gender identity when such qualifications
15are related to a bona fide religious purpose. A religious
16qualification for instructional personnel or an administrative
17officer, serving in a supervisory capacity of a bona fide
18religious educational facility or religious institution, shall
19be presumed to be a bona fide occupational qualification.
20 Sec. 6. Section 216.6A, subsection 1, paragraph a,
21unnumbered paragraph 1, Code 2024, is amended to read as
22follows:
23The general assembly finds that the practice of
24discriminating against any employee because of the age,
25race, creed, color, sex, sexual orientation, gender identity,
26 national origin, religion, or disability of such employee by
27paying wages to such employee at a rate less than the rate paid
28to other employees does all of the following:
29 Sec. 7. Section 216.6A, subsection 1, paragraph b, Code
302024, is amended to read as follows:
31b. The general assembly declares that it is the policy
32of this state to correct and, as rapidly as possible, to
33eliminate, discriminatory wage practices based on age, race,
34creed, color, sex, sexual orientation, gender identity,
35 national origin, religion, and disability.
-3-1 Sec. 8. Section 216.6A, subsection 2, paragraph a, Code
22024, is amended to read as follows:
3a. It shall be an unfair or discriminatory practice for any
4employer or agent of any employer to discriminate against any
5employee because of the age, race, creed, color, sex, sexual
6orientation, gender identity, national origin, religion, or
7disability of such employee by paying wages to such employee
8at a rate less than the rate paid to other employees who are
9employed within the same establishment for equal work on jobs,
10the performance of which requires equal skill, effort, and
11responsibility, and which are performed under similar working
12conditions. An employer or agent of an employer who is paying
13wages to an employee at a rate less than the rate paid to other
14employees in violation of this section shall not remedy the
15violation by reducing the wage rate of any employee.
16 Sec. 9. Section 216.6A, subsection 3, paragraph d, Code
172024, is amended to read as follows:
18d. Pay differential is based on any other factor other than
19the age, race, creed, color, sex, sexual orientation, gender
20identity, national origin, religion, or disability of such
21employee.
22 Sec. 10. Section 216.7, subsection 1, paragraphs a and b,
23Code 2024, are amended to read as follows:
24a. To refuse or deny to any person because of race,
25creed, color, sex, sexual orientation, gender identity,
26 national origin, religion, or disability the accommodations,
27advantages, facilities, services, or privileges thereof,
28or otherwise to discriminate against any person because of
29race, creed, color, sex, sexual orientation, gender identity,
30 national origin, religion, or disability in the furnishing
31of such accommodations, advantages, facilities, services, or
32privileges.
33b. To directly or indirectly advertise or in any other
34manner indicate or publicize that the patronage of persons of
35any particular race, creed, color, sex, sexual orientation,
-4-1gender identity, national origin, religion, or disability is
2unwelcome, objectionable, not acceptable, or not solicited.
3 Sec. 11. Section 216.7, subsection 2, paragraph a, Code
42024, is amended to read as follows:
5a. Any bona fide religious institution with respect to any
6qualifications the institution may impose based on religion, or
7 sexual orientation, or gender identity when such qualifications
8are related to a bona fide religious purpose.
9 Sec. 12. Section 216.8, subsection 1, paragraphs a, b, c,
10and d, Code 2024, are amended to read as follows:
11a. To refuse to sell, rent, lease, assign, sublease, refuse
12to negotiate, or to otherwise make unavailable, or deny any
13real property or housing accommodation or part, portion, or
14interest therein, to any person because of the race, color,
15creed, sex, sexual orientation, gender identity, religion,
16national origin, disability, or familial status of such person.
17b. To discriminate against any person because of the
18person’s race, color, creed, sex, sexual orientation, gender
19identity, religion, national origin, disability, or familial
20status, in the terms, conditions, or privileges of the sale,
21rental, lease assignment, or sublease of any real property or
22housing accommodation or any part, portion, or interest in the
23real property or housing accommodation or in the provision of
24services or facilities in connection with the real property or
25housing accommodation.
26c. To directly or indirectly advertise, or in any other
27manner indicate or publicize that the purchase, rental,
28lease, assignment, or sublease of any real property or housing
29accommodation or any part, portion, or interest therein, by
30persons of any particular race, color, creed, sex, sexual
31orientation, gender identity, religion, national origin,
32disability, or familial status is unwelcome, objectionable, not
33acceptable, or not solicited.
34d. To discriminate against the lessee or purchaser of any
35real property or housing accommodation or part, portion, or
-5-1interest of the real property or housing accommodation, or
2against any prospective lessee or purchaser of the property or
3accommodation, because of the race, color, creed, religion,
4sex, sexual orientation, gender identity, disability, age, or
5national origin of persons who may from time to time be present
6in or on the lessee’s or owner’s premises for lawful purposes
7at the invitation of the lessee or owner as friends, guests,
8visitors, relatives, or in any similar capacity.
9 Sec. 13. Section 216.8A, subsections 1, 2, and 5, Code 2024,
10are amended to read as follows:
111. A person shall not induce or attempt to induce another
12person to sell or rent a dwelling by representations regarding
13the entry or prospective entry into a neighborhood of a person
14of a particular race, color, creed, sex, sexual orientation,
15gender identity, religion, national origin, disability, or
16familial status.
172. A person shall not represent to a person of a particular
18race, color, creed, sex, sexual orientation, gender identity,
19 religion, national origin, disability, or familial status that
20a dwelling is not available for inspection, sale, or rental
21when the dwelling is available for inspection, sale, or rental.
225. A person shall not deny another person access to,
23or membership or participation in, a multiple-listing
24service, real estate brokers’ organization or other service,
25organization, or facility relating to the business of selling
26or renting dwellings, or discriminate against a person in
27terms or conditions of access, membership, or participation in
28such organization because of race, color, creed, sex, sexual
29orientation, gender identity, religion, national origin,
30disability, or familial status.
31 Sec. 14. Section 216.8A, subsection 4, paragraph a, Code
322024, is amended to read as follows:
33a. A person whose business includes engaging in residential
34real estate related transactions shall not discriminate
35against a person in making a residential real estate
-6-1related transaction available or in terms or conditions of
2a residential real estate related transaction because of
3race, color, creed, sex, sexual orientation, gender identity,
4 religion, national origin, disability, or familial status.
5 Sec. 15. Section 216.9, subsection 1, unnumbered paragraph
61, Code 2024, is amended to read as follows:
7It is an unfair or discriminatory practice for any
8educational institution to discriminate on the basis of
9race, creed, color, sex, sexual orientation, gender identity,
10 national origin, religion, or disability in any program or
11activity. Such discriminatory practices shall include but not
12be limited to the following practices:
13 Sec. 16. Section 216.9, subsection 2, Code 2024, is amended
14to read as follows:
152. For the purpose of this section, “educational
16institution” includes any preschool, elementary or secondary
17school, community college, area education agency, or
18postsecondary college or university and their governing boards.
19This section does not prohibit an educational institution
20from maintaining separate toilet facilities, locker rooms, or
21living facilities for the different sexes so long as comparable
22facilities are provided. Nothing in this section shall be
23construed as prohibiting any bona fide religious institution
24from imposing qualifications based on religion, or sexual
25orientation, or gender identity when such qualifications are
26related to a bona fide religious purpose or any institution
27from admitting students of only one sex.
28 Sec. 17. Section 216.10, subsection 1, paragraphs a, b, and
29c, Code 2024, are amended to read as follows:
30a. Creditor to refuse to enter into a consumer credit
31transaction or impose finance charges or other terms or
32conditions more onerous than those regularly extended by that
33creditor to consumers of similar economic backgrounds because
34of age, color, creed, national origin, race, religion, marital
35status, sex, sexual orientation, gender identity, physical
-7-1disability, or familial status.
2b. Person authorized or licensed to do business in this
3state pursuant to chapter 524, 533, 536, or 536A to refuse
4to loan or extend credit or to impose terms or conditions
5more onerous than those regularly extended to persons of
6similar economic backgrounds because of age, color, creed,
7national origin, race, religion, marital status, sex, sexual
8orientation, gender identity, physical disability, or familial
9status.
10c. Creditor to refuse to offer credit life or health and
11accident insurance because of color, creed, national origin,
12race, religion, marital status, age, physical disability,
13sex, sexual orientation, gender identity, or familial status.
14Refusal by a creditor to offer credit life or health and
15accident insurance based upon the age or physical disability of
16the consumer shall not be an unfair or discriminatory practice
17if such denial is based solely upon bona fide underwriting
18considerations not prohibited by Title XIII, subtitle 1.
19 Sec. 18. Section 216.12, subsection 1, paragraph a, Code
202024, is amended to read as follows:
21a. Any bona fide religious institution with respect to
22any qualifications it may impose based on religion, or sexual
23orientation, or gender identity, when the qualifications are
24related to a bona fide religious purpose, unless the religious
25institution owns or operates property for a commercial purpose
26or membership in the religion is restricted on account of race,
27color, or national origin.
28 Sec. 19. Section 216.12A, Code 2024, is amended to read as
29follows:
30216.12A Additional housing exception.
31Sections 216.8 and 216.8A do not prohibit a person engaged
32in the business of furnishing appraisals of real estate from
33taking into consideration factors other than race, color,
34creed, sex, sexual orientation, gender identity, religion,
35national origin, disability, or familial status in appraising
-8-1real estate.
2 Sec. 20. Section 279.78, subsection 1, paragraph a, Code
32024, is amended to read as follows:
4a. “Gender identity” means the same as defined in section
5216.2 a gender-related identity of a person, regardless of the
6person’s assigned sex at birth.
7 Sec. 21. Section 279.80, subsection 1, paragraph a, Code
82024, is amended to read as follows:
9a. “Gender identity” means the same as defined in section
10216.2 279.78, subsection 1.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill relates to gender under Code chapter 216, the Iowa
15civil rights Act.
16Under current law, Code chapter 216 prohibits discrimination
17in employment, wages, public accommodations, housing,
18education, and credit practices based upon certain
19characteristics of a person, including gender identity.
20A person who claims to be aggrieved by an unfair or
21discriminatory practice prohibited by Code chapter 216 may
22file a complaint with the Iowa civil rights commission. Code
23chapter 216 provides various remedies for such practices. Code
24chapter 216 defines “gender identity” as the gender-related
25identity of a person, regardless of the person’s assigned sex
26at birth.
27For purposes of Code chapter 216, the bill removes gender
28identity as a protected class. The bill also adds a diagnosis
29for gender dysphoria or any condition related to a gender
30identity disorder to the definition of “disability” in Code
31chapter 216. Disability is a protected class for purposes of
32Code chapter 216.
33The bill makes conforming changes related to the strike of
34the definition of gender identity in Code chapter 216.
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