Iowa-2017-HF129-Introduced
House File 129 - Introduced
HOUSE FILE
BY ANDERSON, M. SMITH,
STAED, KACENA, HANSON,
HUNTER, MILLER, THEDE,
and STECKMAN
A BILL FOR
1 An Act relating to wage discrimination under the Iowa civil
2 rights Act of 1965 and in state contracting, making
3 penalties applicable, and establishing an equal pay task
4 force.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. NEW SECTION. 19B.7A State contracts ==== race and
1 2 gender compensation reporting.
1 3 1. For purposes of ensuring compliance with chapter 216
1 4 and this chapter, a nonstate party to a contract for goods or
1 5 services with the state shall submit the following information
1 6 regarding each of its employees in a report to the department
1 7 of administrative services and the civil rights commission
1 8 annually by January 1:
1 9 a. Total annual compensation.
1 10 b. Occupation.
1 11 c. Sex.
1 12 d. Race.
1 13 e. Length of employment.
1 14 f. Highest level of education attained.
1 15 g. Years of experience relevant to the employee's job.
1 16 2. Names of employees shall not be included in the report.
1 17 Sec. 2. Section 216.6A, Code 2017, is amended by adding the
1 18 following new subsections:
1 19 NEW SUBSECTION. 2A. It shall be an unfair or discriminatory
1 20 practice for any employer or agent of any employer to do any of
1 21 the following:
1 22 a. Require, as a condition of employment, that an employee
1 23 refrain from disclosing, discussing, or sharing information
1 24 about the amount of the employee's wages, benefits, or other
1 25 compensation or from inquiring, discussing, or sharing
1 26 information about any other employee's wages, benefits, or
1 27 other compensation.
1 28 b. Require, as a condition of employment, that an employee
1 29 sign a waiver or other document that requires an employee to
1 30 refrain from engaging in any of the activities permitted under
1 31 paragraph "a".
1 32 c. Discriminate or retaliate against an employee for
1 33 engaging in any of the activities permitted under paragraph "a".
1 34 d. Seek salary history information, including but not
1 35 limited to information on compensation and benefits, from
2 1 a potential employee as a condition of a job interview or
2 2 employment. This paragraph shall not be construed to prohibit
2 3 a prospective employer from asking a prospective employee what
2 4 salary level the prospective employee would require in order to
2 5 accept a job.
2 6 e. Release the salary history, including but not limited
2 7 to information on compensation and benefits, of any current
2 8 or former employee to any prospective employer in response to
2 9 a request as part of an interview or hiring process without
2 10 written authorization from such current or former employee.
2 11 f. Publish, list, or post within the employer's
2 12 organization, with any employment agency, job=listing
2 13 service, or internet site, or in any other public manner, an
2 14 advertisement to recruit candidates for hire or independent
2 15 contractors to fill a position within the employer's
2 16 organization without including the minimum rate of pay of the
2 17 position. The rate of pay may be by the hour, shift, day, week,
2 18 salary, piece, commission, or other applicable rate. The rate
2 19 of pay shall include overtime and allowances, if any, claimed
2 20 as part of the minimum wage, including but not limited to
2 21 tipped wages.
2 22 g. Pay a newly hired employee at less than the rate of pay
2 23 advertised for the employee's position under paragraph "f".
2 24 NEW SUBSECTION. 5. The commission shall establish a
2 25 statewide, toll=free telephone hotline for the purpose of
2 26 receiving reports of violations of this section.
2 27 Sec. 3. Section 216.6A, subsection 3, Code 2016, is amended
2 28 to read as follows:
2 29 3. a. It shall be an affirmative defense to a claim arising
2 30 under this section if any of the following applies:
2 31 a. (1) Payment of wages is made pursuant to a seniority
2 32 system.
2 33 b. (2) Payment of wages is made pursuant to a merit system.
2 34 c. (3) Payment of wages is made pursuant to a system which
2 35 measures earnings by quantity or quality of production.
3 1 d. (4) Pay differential is based on any other bona fide
3 2 factor other than the age, race, creed, color, sex, sexual
3 3 orientation, gender identity, national origin, religion,
3 4 or disability of such employee, including but not limited
3 5 to a bona fide factor relating to education, training, or
3 6 experience. This defense shall apply only if the employer
3 7 demonstrates that the factor is not based on or derived from
3 8 a differential in compensation based on age, race, creed,
3 9 color, sex, sexual orientation, gender identity, national
3 10 origin, religion, or disability; is job related with respect
3 11 to the position in question; and is consistent with a business
3 12 necessity. For purposes of this subparagraph, "business
3 13 necessity" means an overriding legitimate business purpose
3 14 such that the factor relied upon effectively fulfills the
3 15 business purpose it is supposed to serve. This affirmative
3 16 defense shall not apply if the employee demonstrates that an
3 17 alternative business practice exists that would serve the same
3 18 business purpose without producing the wage differential.
3 19 b. An affirmative defense under this subsection is not
3 20 applicable unless one or more of the defenses listed in
3 21 paragraph "a" account for the entire pay differential that is
3 22 the subject of the claim.
3 23 Sec. 4. EQUAL PAY TASK FORCE AND REPORT.
3 24 1. An equal pay task force is created. The task force shall
3 25 consist of the following members:
3 26 a. The director of the civil rights commission, or the
3 27 director's designee.
3 28 b. The director of the department of human rights, or the
3 29 director's designee.
3 30 c. An employee of the labor market information division
3 31 of the department of workforce development designated by the
3 32 director of the department.
3 33 d. A representative of the association of business and
3 34 industry, appointed by the president of the association.
3 35 e. A member of a statewide labor organization appointed by
4 1 the president of the organization.
4 2 f. Two representatives of organizations whose objectives
4 3 include the elimination of pay disparities between men and
4 4 women and minorities and nonminorities and that have undertaken
4 5 advocacy, educational, or legislative initiatives in pursuit
4 6 of such objectives appointed by the director of the civil
4 7 rights commission in consultation with the leadership of those
4 8 organizations.
4 9 g. Two representatives of postsecondary education
4 10 institutions who have experience and expertise in the
4 11 collection and analysis of data concerning pay disparities
4 12 between men and women and minorities and nonminorities
4 13 and whose research has been used in efforts to promote the
4 14 elimination of such disparities appointed by the director of
4 15 the civil rights commission in consultation with the leadership
4 16 of those institutions.
4 17 h. Four members of the general assembly serving as
4 18 ex officio, nonvoting members, one representative to be
4 19 appointed by the speaker of the house of representatives, one
4 20 representative to be appointed by the minority leader of the
4 21 house of representatives, one senator to be appointed by the
4 22 majority leader of the senate, and one senator to be appointed
4 23 by the minority leader of the senate.
4 24 2. The task force shall study all of the following:
4 25 a. The extent of wage disparities, both in the public and
4 26 private sectors, between men and women and between minorities
4 27 and nonminorities.
4 28 b. Factors that cause, or which tend to cause, such
4 29 disparities, including segregation between women and
4 30 men and between minorities and nonminorities across and
4 31 within occupations, payment of lower wages for work in
4 32 female=dominated occupations, child=rearing responsibilities,
4 33 the number of women who are heads of households, education,
4 34 hours worked, and years on the job.
4 35 c. The consequences of such disparities on the economy and
5 1 affected families.
5 2 d. Actions likely to lead to the elimination and prevention
5 3 of such disparities.
5 4 3. The civil rights commission shall provide staffing
5 5 services for the task force.
5 6 4. The voting members shall elect a chairperson from the
5 7 voting membership of the task force. A majority of the voting
5 8 members of the task force constitutes a quorum.
5 9 5. Voting members of the task force shall receive
5 10 reimbursement for actual expenses incurred while serving
5 11 in their official capacity only if they are not eligible
5 12 for reimbursement by the organization that they represent.
5 13 Legislative members shall be paid the per diem and expenses
5 14 specified in section 2.10.
5 15 6. The task force shall submit a report regarding its
5 16 findings and its recommendations regarding potential actions
5 17 for the elimination and prevention of disparities in wages
5 18 between men and women and minorities and nonminorities to the
5 19 governor and the general assembly no later than December 21,
5 20 2018.
5 21 EXPLANATION
5 22 The inclusion of this explanation does not constitute agreement with
5 23 the explanation's substance by the members of the general assembly.
5 24 This bill relates to wage discrimination under Iowa Code
5 25 chapter 216, the Iowa civil rights Act of 1965, and state
5 26 contracting, and establishes an equal pay task force.
5 27 WAGE DISCRIMINATION IN STATE CONTRACTING. The bill requires
5 28 a nonstate party to a contract for goods or services with the
5 29 state to submit certain information regarding each of its
5 30 employees in a report to the department of administrative
5 31 services and the civil rights commission annually by January 1
5 32 for purposes of ensuring compliance with Code chapters 19B and
5 33 216. The required information is an employee's total annual
5 34 compensation, occupation, sex, race, length of employment,
5 35 highest level of education attained, and years of experience
6 1 relevant to the employee's job. Names of employees shall not
6 2 be included in the report.
6 3 WAGE DISCRIMINATION IN EMPLOYMENT. The bill establishes
6 4 additional unfair or discriminatory practices relating to wages
6 5 under Code section 216.6A. Penalty and remedial provisions
6 6 for discriminatory employment practices, including penalties
6 7 specific to wage discrimination, are applicable under Code
6 8 chapter 216 to violations of these requirements.
6 9 The bill prohibits an employer from requiring that an
6 10 employee refrain from disclosing, discussing, or sharing
6 11 information about the amount of the employee's wages, benefits,
6 12 or other compensation or from inquiring, discussing, or sharing
6 13 information about any other employee's wages, benefits, or
6 14 other compensation as a condition of employment. The bill
6 15 prohibits an employer from requiring that an employee sign a
6 16 waiver or other document that requires an employee to refrain
6 17 from engaging in any of those activities as a condition of
6 18 employment. The bill prohibits an employer from discriminating
6 19 or retaliating against an employee for engaging in any of the
6 20 activities.
6 21 The bill prohibits an employer from seeking salary history
6 22 information from a potential employee as a condition of a job
6 23 interview or employment. This provision shall not be construed
6 24 to prohibit a prospective employer from asking a prospective
6 25 employee what salary level the prospective employee would
6 26 require in order to accept a job.
6 27 The bill prohibits an employer from releasing the salary
6 28 history of any current or former employee to any prospective
6 29 employer in response to a request as part of an interview or
6 30 hiring process without written authorization from such current
6 31 or former employee.
6 32 The bill prohibits an employer from publishing, listing, or
6 33 posting within the employer's organization, with any employment
6 34 agency, job=listing service, or internet site, or in any other
6 35 public manner, an advertisement to recruit candidates for
7 1 hire or independent contractors to fill a position within the
7 2 employer's organization without including the minimum rate of
7 3 pay of the position. The rate of pay shall include overtime
7 4 and allowances, if any, claimed as part of the minimum wage,
7 5 including but not limited to tipped wages. The bill prohibits
7 6 an employer from paying a newly hired employee at less than the
7 7 rate of pay advertised for the employee's position.
7 8 Under current law, an employer has an affirmative defense
7 9 to a claim under Code section 216.6A if a pay differential
7 10 is based on any other factor other than prohibited wage
7 11 discrimination. The bill provides that an employer has an
7 12 affirmative defense to a claim under Code section 216.6A if a
7 13 pay differential is based on any other bona fide factor other
7 14 than prohibited discrimination, including but not limited
7 15 to a bona fide factor relating to education, training, or
7 16 experience. However, this defense shall only apply if the
7 17 employer demonstrates that the factor is not based on or
7 18 derived from prohibited wage discrimination, is job related
7 19 with respect to the position in question, and is consistent
7 20 with a business necessity. The bill defines "business
7 21 necessity" as an overriding legitimate business purpose
7 22 such that the factor relied upon effectively fulfills the
7 23 business purpose it is supposed to serve. This affirmative
7 24 defense shall not apply if the employee demonstrates that an
7 25 alternative business practice exists that would serve the same
7 26 business purpose without producing the wage differential.
7 27 The bill provides that affirmative defenses to a claim under
7 28 Code section 216.6A are not applicable unless one or more of
7 29 the defenses account for the entire pay differential that is
7 30 the subject of the claim.
7 31 The bill also requires the civil rights commission to
7 32 establish a statewide, toll=free telephone hotline for the
7 33 purpose of receiving reports of violations of Code section
7 34 216.6A.
7 35 EQUAL PAY TASK FORCE. The bill creates an equal pay task
8 1 force to study the extent of discriminatory wage disparities
8 2 in the public and private sectors, the factors that cause
8 3 such disparities, the consequences of such disparities, and
8 4 actions likely to lead to the elimination and prevention of
8 5 such disparities.
8 6 The bill establishes the membership of the task force,
8 7 including ex officio, nonvoting legislative members. The civil
8 8 rights commission shall provide staffing services for the task
8 9 force.
8 10 The task force shall submit a report regarding its findings
8 11 and its recommendations regarding potential actions for the
8 12 elimination and prevention of discriminatory wage disparities
8 13 to the governor and the general assembly no later than December
8 14 21, 2018.
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