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House File 99 - IntroducedA Bill ForAn Act 1prohibiting employment discrimination based on
2unemployment status and providing remedies.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. FINDINGS — PURPOSE.
21. The general assembly finds that denial of employment
3opportunities to individuals because of their status as
4unemployed is discriminatory and burdens commerce by doing one
5or more of the following:
6a. Reducing personal consumption and undermining economic
7stability and growth.
8b. Squandering human capital essential to the state’s
9economic vibrancy and growth.
10c. Increasing demands for unemployment insurance benefits,
11reducing unemployment trust fund assets, and leading to higher
12payroll taxes for employers, or cuts in unemployment insurance
13benefits for jobless workers, or both.
14d. Imposing additional burdens on publicly funded health
15and welfare programs.
16e. Decreasing income, property, and other tax revenues that
17the states and local governments rely on to support operations
18and institutions essential to commerce.
192. The purposes of this Act are all of the following:
20a. To prohibit employers and employment agencies from
21disqualifying an individual from employment opportunities
22because of that individual’s status as unemployed.
23b. To prohibit employers and employment agencies from
24publishing or posting any advertisement or announcement for
25an employment opportunity that indicates that an individual’s
26status as unemployed disqualifies that individual for the
27opportunity.
28c. To eliminate the burdens imposed on commerce due to the
29exclusion of such individuals from employment.
30 Sec. 2. Section 216.2, Code 2017, is amended by adding the
31following new subsection:
32 NEW SUBSECTION. 14A. “Status as unemployed” means that an
33individual, at the time of application for employment or at the
34time of action alleged to violate this chapter, does not have a
35job, is available for work, and is searching for work.
-1-1 Sec. 3. Section 216.2, subsection 15, Code 2017, is amended
2to read as follows:
315. “Unfair practice” or “discriminatory practice” means
4those practices specified as unfair or discriminatory in
5sections 216.6, 216.6A, 216.6B, 216.7, 216.8, 216.8A, 216.9,
6216.10, 216.11, and 216.11A.
7 Sec. 4. NEW SECTION. 216.6B Additional unfair or
8discriminatory practice — unemployment status discrimination in
9employment.
101. It shall be an unfair or discriminatory practice for an
11employer to do any of the following:
12a. Publish in print, on the internet, or in any other
13medium, an advertisement or announcement for an employee for
14any job that includes any of the following:
15(1) Any provision stating or indicating that an
16individual’s status as unemployed disqualifies the individual
17for any employment opportunity.
18(2) Any provision stating or indicating that the employer
19will not consider or hire an individual for any employment
20opportunity based on that individual’s status as unemployed.
21b. Fail or refuse to consider for employment, or fail or
22refuse to hire, an individual as an employee because of the
23individual’s status as unemployed.
24c. Direct or request that an employment agency take an
25individual’s status as unemployed into account to disqualify
26an applicant for consideration, screening, or referral for
27employment.
282. It shall be an unfair or discriminatory practice for an
29employment agency to do any of the following:
30a. Publish in print, on the internet, or in any other
31medium, an advertisement or announcement for any vacancy in
32a job, to be filled by an employee, that includes any of the
33following:
34(1) Any provision stating or indicating that an
35individual’s status as unemployed disqualifies the individual
-2-1for any employment opportunity.
2(2) Any provision stating or indicating that the employment
3agency or an employer will not consider or hire an individual
4for any employment opportunity based on that individual’s
5status as unemployed.
6b. Screen, fail or refuse to consider, or fail or refuse to
7refer an individual for employment because of the individual’s
8status as unemployed.
9c. Limit, segregate, or classify any individual in any
10manner that would limit or tend to limit the individual’s
11access to information about jobs, or consideration, screening,
12or referral for jobs, solely because of an individual’s status
13as unemployed.
143. This section shall not be construed to preclude an
15employer or employment agency from considering an individual’s
16employment history, or from examining the reasons underlying
17an individual’s status as unemployed, in assessing an
18individual’s ability to perform a job or in otherwise
19making employment decisions about that individual. Such
20consideration or examination may include an assessment of
21whether an individual’s employment history in a similar or
22related job for a period of time reasonably proximate to the
23time of consideration of the individual for new employment is
24job-related or consistent with business necessity in relation
25to that new employment.
26 Sec. 5. Section 216.15, subsection 9, paragraph a, Code
272017, is amended by adding the following new subparagraph:
28 NEW SUBPARAGRAPH. (10) For an unfair or discriminatory
29practice relating to unemployment status discrimination
30pursuant to section 216.6B, payment to the complainant of
31damages for an injury caused by the unfair or discriminatory
32practice which damages shall include but are not limited to
33actual damages, court costs, reasonable attorney fees, and any
34of the following, if applicable:
35(a) For an unfair or discriminatory practice relating to
-3-1unemployment status discrimination pursuant to section 216.6B,
2subsection 1, paragraph “a”, or subsection 2, paragraph “a”,
3damages in an amount not to exceed one thousand dollars for
4each day the unfair or discriminatory practice occurs.
5(b) For an unfair or discriminatory practice relating to
6unemployment status discrimination pursuant to section 216.6B,
7subsection 1, paragraph “b” or “c”, or subsection 2, paragraph
8“b” or “c”, if wages, salary, employment benefits, or other
9compensation have not been denied or lost to the individual,
10damages in an amount not to exceed five thousand dollars.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill prohibits employment discrimination based on
15an individual’s status as unemployed. The bill defines
16“status as unemployed” as an individual who, at the time
17of application for employment or at the time of an alleged
18violation, does not have a job, is available for work, and
19is searching for work. The Iowa civil rights commission is
20charged with administration of the bill via existing procedures
21for employment discrimination complaints.
22The bill prohibits an employer from engaging in certain
23unfair or discriminatory employment practices. An employer is
24prohibited from publishing an advertisement or announcement
25for employment that includes any provision stating that an
26individual’s status as unemployed disqualifies the individual
27for any employment opportunity or any provision stating that
28the employer will not consider or hire an individual for any
29employment opportunity based on that individual’s status as
30unemployed. An employer is prohibited from failing or refusing
31to consider for employment or failing or refusing to hire an
32individual because of the individual’s status as unemployed.
33An employer is prohibited from directing or requesting that an
34employment agency take an individual’s status as unemployed
35into account to disqualify an applicant for consideration,
-4-1screening, or referral for employment.
2The bill also prohibits an employment agency from engaging
3in certain unfair or discriminatory employment practices.
4An employment agency is prohibited from publishing an
5advertisement or announcement for any vacancy in a job that
6includes any provision stating that an individual’s status
7as unemployed disqualifies the individual for any employment
8opportunity or any provision stating that the employment agency
9or an employer will not consider or hire an individual for any
10employment opportunity based on that individual’s status as
11unemployed. An employment agency is prohibited from screening,
12or failing or refusing to consider, or failing or refusing to
13refer an individual for employment because of the individual’s
14status as unemployed. An employment agency is prohibited from
15limiting, segregating, or classifying an individual in any
16manner that would limit the individual’s access to information
17about jobs, or consideration, screening, or referral for jobs
18solely because of the individual’s status as unemployed.
19The bill provides that a prevailing complainant is entitled
20to damages including but not limited to actual damages; court
21costs; reasonable attorney fees; for a violation relating to
22publication of an advertisement or announcement for employment,
23up to $1,000 for each day the violation occurs; and for
24any other violation, if wages, salary, employment benefits,
25or other compensation have not been denied or lost to the
26complainant, up to $5,000.
27The bill is not to be construed to preclude an employer
28or employment agency from considering an individual’s
29employment history, or from examining the reasons underlying
30an individual’s status as unemployed, in assessing an
31individual’s ability to perform a job or in otherwise making
32employment decisions about that individual. Such consideration
33or examination may include an assessment of whether an
34individual’s employment history in a similar or related job
35for a period of time reasonably proximate to the time of
-5-1consideration for new employment is job-related or consistent
2with business necessity in relation to that new employment.
-6-je/rj
2unemployment status and providing remedies.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. FINDINGS — PURPOSE.
21. The general assembly finds that denial of employment
3opportunities to individuals because of their status as
4unemployed is discriminatory and burdens commerce by doing one
5or more of the following:
6a. Reducing personal consumption and undermining economic
7stability and growth.
8b. Squandering human capital essential to the state’s
9economic vibrancy and growth.
10c. Increasing demands for unemployment insurance benefits,
11reducing unemployment trust fund assets, and leading to higher
12payroll taxes for employers, or cuts in unemployment insurance
13benefits for jobless workers, or both.
14d. Imposing additional burdens on publicly funded health
15and welfare programs.
16e. Decreasing income, property, and other tax revenues that
17the states and local governments rely on to support operations
18and institutions essential to commerce.
192. The purposes of this Act are all of the following:
20a. To prohibit employers and employment agencies from
21disqualifying an individual from employment opportunities
22because of that individual’s status as unemployed.
23b. To prohibit employers and employment agencies from
24publishing or posting any advertisement or announcement for
25an employment opportunity that indicates that an individual’s
26status as unemployed disqualifies that individual for the
27opportunity.
28c. To eliminate the burdens imposed on commerce due to the
29exclusion of such individuals from employment.
30 Sec. 2. Section 216.2, Code 2017, is amended by adding the
31following new subsection:
32 NEW SUBSECTION. 14A. “Status as unemployed” means that an
33individual, at the time of application for employment or at the
34time of action alleged to violate this chapter, does not have a
35job, is available for work, and is searching for work.
-1-1 Sec. 3. Section 216.2, subsection 15, Code 2017, is amended
2to read as follows:
315. “Unfair practice” or “discriminatory practice” means
4those practices specified as unfair or discriminatory in
5sections 216.6, 216.6A, 216.6B, 216.7, 216.8, 216.8A, 216.9,
6216.10, 216.11, and 216.11A.
7 Sec. 4. NEW SECTION. 216.6B Additional unfair or
8discriminatory practice — unemployment status discrimination in
9employment.
101. It shall be an unfair or discriminatory practice for an
11employer to do any of the following:
12a. Publish in print, on the internet, or in any other
13medium, an advertisement or announcement for an employee for
14any job that includes any of the following:
15(1) Any provision stating or indicating that an
16individual’s status as unemployed disqualifies the individual
17for any employment opportunity.
18(2) Any provision stating or indicating that the employer
19will not consider or hire an individual for any employment
20opportunity based on that individual’s status as unemployed.
21b. Fail or refuse to consider for employment, or fail or
22refuse to hire, an individual as an employee because of the
23individual’s status as unemployed.
24c. Direct or request that an employment agency take an
25individual’s status as unemployed into account to disqualify
26an applicant for consideration, screening, or referral for
27employment.
282. It shall be an unfair or discriminatory practice for an
29employment agency to do any of the following:
30a. Publish in print, on the internet, or in any other
31medium, an advertisement or announcement for any vacancy in
32a job, to be filled by an employee, that includes any of the
33following:
34(1) Any provision stating or indicating that an
35individual’s status as unemployed disqualifies the individual
-2-1for any employment opportunity.
2(2) Any provision stating or indicating that the employment
3agency or an employer will not consider or hire an individual
4for any employment opportunity based on that individual’s
5status as unemployed.
6b. Screen, fail or refuse to consider, or fail or refuse to
7refer an individual for employment because of the individual’s
8status as unemployed.
9c. Limit, segregate, or classify any individual in any
10manner that would limit or tend to limit the individual’s
11access to information about jobs, or consideration, screening,
12or referral for jobs, solely because of an individual’s status
13as unemployed.
143. This section shall not be construed to preclude an
15employer or employment agency from considering an individual’s
16employment history, or from examining the reasons underlying
17an individual’s status as unemployed, in assessing an
18individual’s ability to perform a job or in otherwise
19making employment decisions about that individual. Such
20consideration or examination may include an assessment of
21whether an individual’s employment history in a similar or
22related job for a period of time reasonably proximate to the
23time of consideration of the individual for new employment is
24job-related or consistent with business necessity in relation
25to that new employment.
26 Sec. 5. Section 216.15, subsection 9, paragraph a, Code
272017, is amended by adding the following new subparagraph:
28 NEW SUBPARAGRAPH. (10) For an unfair or discriminatory
29practice relating to unemployment status discrimination
30pursuant to section 216.6B, payment to the complainant of
31damages for an injury caused by the unfair or discriminatory
32practice which damages shall include but are not limited to
33actual damages, court costs, reasonable attorney fees, and any
34of the following, if applicable:
35(a) For an unfair or discriminatory practice relating to
-3-1unemployment status discrimination pursuant to section 216.6B,
2subsection 1, paragraph “a”, or subsection 2, paragraph “a”,
3damages in an amount not to exceed one thousand dollars for
4each day the unfair or discriminatory practice occurs.
5(b) For an unfair or discriminatory practice relating to
6unemployment status discrimination pursuant to section 216.6B,
7subsection 1, paragraph “b” or “c”, or subsection 2, paragraph
8“b” or “c”, if wages, salary, employment benefits, or other
9compensation have not been denied or lost to the individual,
10damages in an amount not to exceed five thousand dollars.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill prohibits employment discrimination based on
15an individual’s status as unemployed. The bill defines
16“status as unemployed” as an individual who, at the time
17of application for employment or at the time of an alleged
18violation, does not have a job, is available for work, and
19is searching for work. The Iowa civil rights commission is
20charged with administration of the bill via existing procedures
21for employment discrimination complaints.
22The bill prohibits an employer from engaging in certain
23unfair or discriminatory employment practices. An employer is
24prohibited from publishing an advertisement or announcement
25for employment that includes any provision stating that an
26individual’s status as unemployed disqualifies the individual
27for any employment opportunity or any provision stating that
28the employer will not consider or hire an individual for any
29employment opportunity based on that individual’s status as
30unemployed. An employer is prohibited from failing or refusing
31to consider for employment or failing or refusing to hire an
32individual because of the individual’s status as unemployed.
33An employer is prohibited from directing or requesting that an
34employment agency take an individual’s status as unemployed
35into account to disqualify an applicant for consideration,
-4-1screening, or referral for employment.
2The bill also prohibits an employment agency from engaging
3in certain unfair or discriminatory employment practices.
4An employment agency is prohibited from publishing an
5advertisement or announcement for any vacancy in a job that
6includes any provision stating that an individual’s status
7as unemployed disqualifies the individual for any employment
8opportunity or any provision stating that the employment agency
9or an employer will not consider or hire an individual for any
10employment opportunity based on that individual’s status as
11unemployed. An employment agency is prohibited from screening,
12or failing or refusing to consider, or failing or refusing to
13refer an individual for employment because of the individual’s
14status as unemployed. An employment agency is prohibited from
15limiting, segregating, or classifying an individual in any
16manner that would limit the individual’s access to information
17about jobs, or consideration, screening, or referral for jobs
18solely because of the individual’s status as unemployed.
19The bill provides that a prevailing complainant is entitled
20to damages including but not limited to actual damages; court
21costs; reasonable attorney fees; for a violation relating to
22publication of an advertisement or announcement for employment,
23up to $1,000 for each day the violation occurs; and for
24any other violation, if wages, salary, employment benefits,
25or other compensation have not been denied or lost to the
26complainant, up to $5,000.
27The bill is not to be construed to preclude an employer
28or employment agency from considering an individual’s
29employment history, or from examining the reasons underlying
30an individual’s status as unemployed, in assessing an
31individual’s ability to perform a job or in otherwise making
32employment decisions about that individual. Such consideration
33or examination may include an assessment of whether an
34individual’s employment history in a similar or related job
35for a period of time reasonably proximate to the time of
-5-1consideration for new employment is job-related or consistent
2with business necessity in relation to that new employment.
-6-je/rj