Iowa HF 89: A bill for an act relating to wage discrimination under the Iowa civil rights Act of 1965 and in state contracting, making penalties applicable, and establishing an equal pay task force.

Bill Text

House
File
89
-
Introduced

HOUSE
FILE
89

BY
HUNTER
,
STAED
,
MASCHER
,
and

KURTZ

A
BILL
FOR

An
Act
relating
to
wage
discrimination
under
the
Iowa
civil
1

rights
Act
of
1965
and
in
state
contracting,
making
2

penalties
applicable,
and
establishing
an
equal
pay
task
3

force.
4

BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5

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Section
1.
NEW
SECTION
.
19B.7A
State
contracts
——
race
and
1

gender
compensation
reporting.
2

1.
For
purposes
of
ensuring
compliance
with
chapter
216
3

and
this
chapter,
a
nonstate
party
to
a
contract
for
goods
or
4

services
with
the
state
shall
submit
the
following
information
5

regarding
each
of
its
employees
in
a
report
to
the
department
6

of
administrative
services
and
the
civil
rights
commission
7

annually
by
January
1:
8

a.
Total
annual
compensation.
9

b.
Occupation.
10

c.
Sex.
11

d.
Race.
12

e.
Length
of
employment.
13

f.
Highest
level
of
education
attained.
14

g.
Years
of
experience
relevant
to
the
employee’s
job.
15

2.
Names
of
employees
shall
not
be
included
in
the
report.
16

Sec.
2.
Section
216.6A,
Code
2019,
is
amended
by
adding
the
17

following
new
subsections:
18

NEW
SUBSECTION

.
2A.
It
shall
be
an
unfair
or
discriminatory
19

practice
for
any
employer
or
agent
of
any
employer
to
do
any
of
20

the
following:
21

a.
Require,
as
a
condition
of
employment,
that
an
employee
22

refrain
from
disclosing,
discussing,
or
sharing
information
23

about
the
amount
of
the
employee’s
wages,
benefits,
or
other
24

compensation
or
from
inquiring,
discussing,
or
sharing
25

information
about
any
other
employee’s
wages,
benefits,
or
26

other
compensation.
27

b.
Require,
as
a
condition
of
employment,
that
an
employee
28

sign
a
waiver
or
other
document
that
requires
an
employee
to
29

refrain
from
engaging
in
any
of
the
activities
permitted
under
30

paragraph
“a”
.
31

c.
Discriminate
or
retaliate
against
an
employee
for
32

engaging
in
any
of
the
activities
permitted
under
paragraph
“a”
.
33

d.
Seek
salary
history
information,
including
but
not
34

limited
to
information
on
compensation
and
benefits,
from
35

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a
potential
employee
as
a
condition
of
a
job
interview
or
1

employment.
This
paragraph
shall
not
be
construed
to
prohibit
2

a
prospective
employer
from
asking
a
prospective
employee
what
3

salary
level
the
prospective
employee
would
require
in
order
to
4

accept
a
job.
5

e.
Release
the
salary
history,
including
but
not
limited
6

to
information
on
compensation
and
benefits,
of
any
current
7

or
former
employee
to
any
prospective
employer
in
response
to
8

a
request
as
part
of
an
interview
or
hiring
process
without
9

written
authorization
from
such
current
or
former
employee.
10

f.
Publish,
list,
or
post
within
the
employer’s
11

organization,
with
any
employment
agency,
job-listing
12

service,
or
internet
site,
or
in
any
other
public
manner,
an
13

advertisement
to
recruit
candidates
for
hire
or
independent
14

contractors
to
fill
a
position
within
the
employer’s
15

organization
without
including
the
minimum
rate
of
pay
of
the
16

position.
The
rate
of
pay
may
be
by
the
hour,
shift,
day,
week,
17

salary,
piece,
commission,
or
other
applicable
rate.
The
rate
18

of
pay
shall
include
overtime
and
allowances,
if
any,
claimed
19

as
part
of
the
minimum
wage,
including
but
not
limited
to
20

tipped
wages.
21

g.
Pay
a
newly
hired
employee
at
less
than
the
rate
of
pay
22

advertised
for
the
employee’s
position
under
paragraph
“f”
.
23

NEW
SUBSECTION

.
5.
The
commission
shall
establish
a
24

statewide,
toll-free
telephone
hotline
for
the
purpose
of
25

receiving
reports
of
violations
of
this
section.
26

Sec.
3.
Section
216.6A,
subsection
3,
Code
2019,
is
amended

27

to
read
as
follows:
28

3.
a.

It
shall
be
an
affirmative
defense
to
a
claim
arising
29

under
this
section
if
any
of
the
following
applies:
30

a.

(1)
Payment
of
wages
is
made
pursuant
to
a
seniority
31

system.
32

b.

(2)
Payment
of
wages
is
made
pursuant
to
a
merit
system.
33

c.

(3)
Payment
of
wages
is
made
pursuant
to
a
system
which
34

measures
earnings
by
quantity
or
quality
of
production.
35

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d.
(4)
Pay
differential
is
based
on
any
other
bona
fide
1

factor
other
than
the
age,
race,
creed,
color,
sex,
sexual
2

orientation,
gender
identity,
national
origin,
religion,
3

or
disability
of
such
employee
,
including
but
not
limited

4

to
a
bona
fide
factor
relating
to
education,
training,
or

5

experience

.
This
defense
shall
apply
only
if
the
employer
6

demonstrates
that
the
factor
is
not
based
on
or
derived
from
7

a
differential
in
compensation
based
on
age,
race,
creed,
8

color,
sex,
sexual
orientation,
gender
identity,
national

9

origin,
religion,
or
disability;
is
job
related
with
respect
10

to
the
position
in
question;
and
is
consistent
with
a
business

11

necessity.
For
purposes
of
this
subparagraph,
“business
12

necessity