Text: SF223            Text: SF225
Complete Bill History


Senate File 224

SENATE FILE BY BOLKCOM and McCOY Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the Iowa civil rights Act and discrimination 2 based upon a person's sexual orientation or gender identity. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2215SS 82 5 rh/cf/24 PAG LIN 1 1 Section 1. Section 216.2, Code 2007, is amended by adding 1 2 the following new subsections: 1 3 NEW SUBSECTION. 9A. "Gender identity" means a 1 4 gender=related identity, appearance, expression, or behavior 1 5 of a person, regardless of the person's assigned sex at birth. 1 6 NEW SUBSECTION. 12A. "Sexual orientation" means actual or 1 7 perceived heterosexuality, homosexuality, or bisexuality. 1 8 Sec. 2. Section 216.5, subsections 6 and 8, Code 2007, are 1 9 amended to read as follows: 1 10 6. To issue such publications and reports of 1 11 investigations and research as in the judgment of the 1 12 commission shall tend to promote goodwill among the various 1 13 racial, religious, and ethnic groups of the state and which 1 14 shall tend to minimize or eliminate discrimination in public 1 15 accommodations, employment, apprenticeship and on=the=job 1 16 training programs, vocational schools, or housing because of 1 17 race, creed, color, sex, sexual orientation, gender identity, 1 18 national origin, religion, ancestry, or disability. 1 19 8. To make recommendations to the general assembly for 1 20 such further legislation concerning discrimination because of 1 21 race, creed, color, sex, sexual orientation, gender identity, 1 22 national origin, religion, ancestry, or disability as it may 1 23 deem necessary and desirable. 1 24 Sec. 3. Section 216.6, subsection 1, paragraphs a, b, and 1 25 c, Code 2007, are amended to read as follows: 1 26 a. Person to refuse to hire, accept, register, classify, 1 27 or refer for employment, to discharge any employee, or to 1 28 otherwise discriminate in employment against any applicant for 1 29 employment or any employee because of the age, race, creed, 1 30 color, sex, sexual orientation, gender identity, national 1 31 origin, religion, or disability of such applicant or employee, 1 32 unless based upon the nature of the occupation. If a person 1 33 with a disability is qualified to perform a particular 1 34 occupation, by reason of training or experience, the nature of 1 35 that occupation shall not be the basis for exception to the 2 1 unfair or discriminating practices prohibited by this 2 2 subsection. 2 3 b. Labor organization or the employees, agents, or members 2 4 thereof to refuse to admit to membership any applicant, to 2 5 expel any member, or to otherwise discriminate against any 2 6 applicant for membership or any member in the privileges, 2 7 rights, or benefits of such membership because of the age, 2 8 race, creed, color, sex, sexual orientation, gender identity, 2 9 national origin, religion, or disability of such applicant or 2 10 member. 2 11 c. Employer, employment agency, labor organization, or the 2 12 employees, agents, or members thereof to directly or 2 13 indirectly advertise or in any other manner indicate or 2 14 publicize that individuals of any particular age, race, creed, 2 15 color, sex, sexual orientation, gender identity, national 2 16 origin, religion, or disability are unwelcome, objectionable, 2 17 not acceptable, or not solicited for employment or membership 2 18 unless based on the nature of the occupation. If a person 2 19 with a disability is qualified to perform a particular 2 20 occupation by reason of training or experience, the nature of 2 21 that occupation shall not be the basis for exception to the 2 22 unfair or discriminating practices prohibited by this 2 23 subsection. 2 24 An employer, employment agency, or their employees, 2 25 servants, or agents may offer employment or advertise for 2 26 employment to only persons with disabilities, when other 2 27 applicants have available to them other employment compatible 2 28 with their ability which would not be available to persons 2 29 with disabilities because of their disabilities. Any such 2 30 employment or offer of employment shall not discriminate among 2 31 persons with disabilities on the basis of race, color, creed, 2 32 sex, sexual orientation, gender identity, or national origin. 2 33 Sec. 4. Section 216.6, subsection 6, paragraph d, Code 2 34 2007, is amended to read as follows: 2 35 d. Any bona fide religious institution or its educational 3 1 facility, association, corporation, or society with respect to 3 2 any qualifications for employment based on religion, sexual 3 3 orientation, or gender identity when such qualifications are 3 4 related to a bona fide religious purpose. A religious 3 5 qualification for instructional personnel or an administrative 3 6 officer, serving in a supervisory capacity of a bona fide 3 7 religious educational facility or religious institution, shall 3 8 be presumed to be a bona fide occupational qualification. 3 9 Sec. 5. Section 216.7, subsection 1, paragraphs a and b, 3 10 Code 2007, are amended to read as follows: 3 11 a. To refuse or deny to any person because of race, creed, 3 12 color, sex, sexual orientation, gender identity, national 3 13 origin, religion, or disability the accommodations, 3 14 advantages, facilities, services, or privileges thereof, or 3 15 otherwise to discriminate against any person because of race, 3 16 creed, color, sex, sexual orientation, gender identity, 3 17 national origin, religion, or disability in the furnishing of 3 18 such accommodations, advantages, facilities, services, or 3 19 privileges. 3 20 b. To directly or indirectly advertise or in any other 3 21 manner indicate or publicize that the patronage of persons of 3 22 any particular race, creed, color, sex, sexual orientation, 3 23 gender identity, national origin, religion, or disability is 3 24 unwelcome, objectionable, not acceptable, or not solicited. 3 25 Sec. 6. Section 216.7, subsection 2, paragraph a, Code 3 26 2007, is amended to read as follows: 3 27 a. Any bona fide religious institution with respect to any 3 28 qualifications the institution may impose based on religion, 3 29 sexual orientation, or gender identity when such 3 30 qualifications are related to a bona fide religious purpose. 3 31 Sec. 7. Section 216.8, subsections 1 through 4, Code 2007, 3 32 are amended to read as follows: 3 33 1. To refuse to sell, rent, lease, assign, sublease, 3 34 refuse to negotiate, or to otherwise make unavailable, or deny 3 35 any real property or housing accommodation or part, portion, 4 1 or interest therein, to any person because of the race, color, 4 2 creed, sex, sexual orientation, gender identity, religion, 4 3 national origin, disability, or familial status of such 4 4 person. 4 5 2. To discriminate against any person because of the 4 6 person's race, color, creed, sex, sexual orientation, gender 4 7 identity, religion, national origin, disability, or familial 4 8 status, in the terms, conditions, or privileges of the sale, 4 9 rental, lease assignment, or sublease of any real property or 4 10 housing accommodation or any part, portion, or interest in the 4 11 real property or housing accommodation or in the provision of 4 12 services or facilities in connection with the real property or 4 13 housing accommodation. 4 14 For purposes of this section, "person" means one or more 4 15 individuals, corporations, partnerships, associations, labor 4 16 organizations, legal representatives, mutual companies, joint 4 17 stock companies, trusts, unincorporated organizations, 4 18 trustees, trustees in cases under Title 11 of the United 4 19 States Code, receivers, and fiduciaries. 4 20 3. To directly or indirectly advertise, or in any other 4 21 manner indicate or publicize that the purchase, rental, lease, 4 22 assignment, or sublease of any real property or housing 4 23 accommodation or any part, portion, or interest therein, by 4 24 persons of any particular race, color, creed, sex, sexual 4 25 orientation, gender identity, religion, national origin, 4 26 disability, or familial status is unwelcome, objectionable, 4 27 not acceptable, or not solicited. 4 28 4. To discriminate against the lessee or purchaser of any 4 29 real property or housing accommodation or part, portion, or 4 30 interest of the real property or housing accommodation, or 4 31 against any prospective lessee or purchaser of the property or 4 32 accommodation, because of the race, color, creed, religion, 4 33 sex, sexual orientation, gender identity, disability, age, or 4 34 national origin of persons who may from time to time be 4 35 present in or on the lessee's or owner's premises for lawful 5 1 purposes at the invitation of the lessee or owner as friends, 5 2 guests, visitors, relatives, or in any similar capacity. 5 3 Sec. 8. Section 216.8A, subsections 1 and 2, Code 2007, 5 4 are amended to read as follows: 5 5 1. A person shall not induce or attempt to induce another 5 6 person to sell or rent a dwelling by representations regarding 5 7 the entry or prospective entry into a neighborhood of a person 5 8 of a particular race, color, creed, sex, sexual orientation, 5 9 gender identity, religion, national origin, disability, or 5 10 familial status. 5 11 2. A person shall not represent to a person of a 5 12 particular race, color, creed, sex, sexual orientation, gender 5 13 identity, religion, national origin, disability, or familial 5 14 status that a dwelling is not available for inspection, sale, 5 15 or rental when the dwelling is available for inspection, sale, 5 16 or rental. 5 17 Sec. 9. Section 216.8A, subsection 4, paragraph a, Code 5 18 2007, is amended to read as follows: 5 19 a. A person whose business includes engaging in 5 20 residential real estate related transactions shall not 5 21 discriminate against a person in making a residential real 5 22 estate related transaction available or in terms or conditions 5 23 of a residential real estate related transaction because of 5 24 race, color, creed, sex, sexual orientation, gender identity, 5 25 religion, national origin, disability, or familial status. 5 26 Sec. 10. Section 216.8A, subsection 5, Code 2007, is 5 27 amended to read as follows: 5 28 5. A person shall not deny another person access to, or 5 29 membership or participation in, a multiple=listing service, 5 30 real estate brokers' organization or other service, 5 31 organization, or facility relating to the business of selling 5 32 or renting dwellings, or discriminate against a person in 5 33 terms or conditions of access, membership, or participation in 5 34 such organization because of race, color, creed, sex, sexual 5 35 orientation, gender identity, religion, national origin, 6 1 disability, or familial status. 6 2 Sec. 11. Section 216.9, unnumbered paragraph 1, Code 2007, 6 3 is amended to read as follows: 6 4 It is an unfair or discriminatory practice for any 6 5 educational institution to discriminate on the basis of race, 6 6 creed, color, sex, sexual orientation, gender identity, 6 7 national origin, religion, or disability in any program or 6 8 activity. Such discriminatory practices shall include but not 6 9 be limited to the following practices: 6 10 Sec. 12. Section 216.9, unnumbered paragraph 2, Code 2007, 6 11 is amended to read as follows: 6 12 For the purpose of this section, "educational institution" 6 13 includes any preschool, elementary, secondary, or community 6 14 college, area education agency, or postsecondary college or 6 15 university and their governing boards. This section does not 6 16 prohibit an educational institution from maintaining separate 6 17 toilet facilities, locker rooms, or living facilities for the 6 18 different sexes so long as comparable facilities are provided. 6 19 Nothing in this section shall be construed as prohibiting any 6 20 bona fide religious institution from imposing qualifications 6 21 based on religion, sexual orientation, or gender identity when 6 22 such qualifications are related to a bona fide religious 6 23 purpose or any institution from admitting students of only one 6 24 sex. 6 25 Sec. 13. Section 216.10, Code 2007, is amended to read as 6 26 follows: 6 27 216.10 UNFAIR CREDIT PRACTICES. 6 28 It shall be an unfair or discriminatory practice for any: 6 29 1. Creditor to refuse to enter into a consumer credit 6 30 transaction or impose finance charges or other terms or 6 31 conditions more onerous than those regularly extended by that 6 32 creditor to consumers of similar economic backgrounds because 6 33 of age, color, creed, national origin, race, religion, marital 6 34 status, sex, sexual orientation, gender identity, physical 6 35 disability, or familial status. 7 1 2. Person authorized or licensed to do business in this 7 2 state pursuant to chapter 524, 533, 534, 536, or 536A to 7 3 refuse to loan or extend credit or to impose terms or 7 4 conditions more onerous than those regularly extended to 7 5 persons of similar economic backgrounds because of age, color, 7 6 creed, national origin, race, religion, marital status, sex, 7 7 sexual orientation, gender identity, physical disability, or 7 8 familial status. 7 9 3. Creditor to refuse to offer credit life or health and 7 10 accident insurance because of color, creed, national origin, 7 11 race, religion, marital status, age, physical disability, sex, 7 12 sexual orientation, gender identity, or familial status. 7 13 Refusal by a creditor to offer credit life or health and 7 14 accident insurance based upon the age or physical disability 7 15 of the consumer shall not be an unfair or discriminatory 7 16 practice if such denial is based solely upon bona fide 7 17 underwriting considerations not prohibited by title XIII, 7 18 subtitle 1. 7 19 The provisions of this section shall not be construed by 7 20 negative implication or otherwise to narrow or restrict any 7 21 other provisions of this chapter. 7 22 Sec. 14. Section 216.12, subsection 1, Code 2007, is 7 23 amended to read as follows: 7 24 1. Any bona fide religious institution with respect to any 7 25 qualifications it may impose based on religion, sexual 7 26 orientation, or gender identity, when the qualifications are 7 27 related to a bona fide religious purpose unless the religious 7 28 institution owns or operates property for a commercial purpose 7 29 or membership in the religion is restricted on account of 7 30 race, color, or national origin. 7 31 Sec. 15. Section 216.12A, Code 2007, is amended to read as 7 32 follows: 7 33 216.12A ADDITIONAL HOUSING EXCEPTION. 7 34 Sections 216.8 and 216.8A do not prohibit a person engaged 7 35 in the business of furnishing appraisals of real estate from 8 1 taking into consideration factors other than race, color, 8 2 creed, sex, sexual orientation, gender identity, religion, 8 3 national origin, disability, or familial status in appraising 8 4 real estate. 8 5 EXPLANATION 8 6 This bill defines "sexual orientation" and "gender 8 7 identity" and prohibits discriminatory employment, public 8 8 accommodation, housing, education, and credit practices based 8 9 upon a person's sexual orientation or gender identity. 8 10 However, the bill does allow for the imposition of 8 11 qualifications by bona fide religious institutions based upon 8 12 sexual orientation or gender identity if related to a bona 8 13 fide religious purpose. 8 14 LSB 2215SS 82 8 15 rh:rj/cf/24
Text: SF223            Text: SF225 Complete Bill History