Iowa-2021-SF2052-Introduced

S.F. 2052 Section 1. Section 216.2, Code 2021, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 11A. “Medical creed” means the vaccination 3 or disease immunity status of an individual, an individual’s 4 decision to disclose or refuse to disclose private medical 5 records, and an individual’s sincerely held beliefs relevant to 6 medical interventions. 7 Sec. 2. Section 216.5, subsections 6 and 8, Code 2021, are 8 amended to read as follows: 9 6. To issue such publications and reports of investigations 10 and research as in the judgment of the commission shall tend 11 to promote goodwill among the various racial, religious, and 12 ethnic groups of the state and which shall tend to minimize or 13 eliminate discrimination in public accommodations, employment, 14 apprenticeship and on-the-job training programs, vocational 15 schools, career and technical education programs, or housing 16 because of race, creed, medical creed, color, sex, sexual 17 orientation, gender identity, national origin, religion, 18 ancestry, or disability. 19 8. To make recommendations to the general assembly for such 20 further legislation concerning discrimination because of race, 21 creed, medical creed, color, sex, sexual orientation, gender 22 identity, national origin, religion, ancestry, or disability as 23 it may deem necessary and desirable. 24 Sec. 3. Section 216.6, subsection 1, paragraphs a, b, and c, 25 Code 2021, are amended to read as follows: 26 a. Person to refuse to hire, accept, register, classify, 27 or refer for employment, to discharge any employee, or to 28 otherwise discriminate in employment against any applicant for 29 employment or any employee because of the age, race, creed, 30 medical creed, color, sex, sexual orientation, gender identity, 31 national origin, religion, or disability of such applicant or 32 employee, unless based upon the nature of the occupation. If a 33 person with a disability is qualified to perform a particular 34 occupation, by reason of training or experience, the nature 35 -1- LSB 2845XS (3) 89 je/rn 1/ 8

S.F. 2052 of that occupation shall not be the basis for exception to 1 the unfair or discriminatory practices prohibited by this 2 subsection . 3 b. Labor organization or the employees, agents, or members 4 thereof to refuse to admit to membership any applicant, to 5 expel any member, or to otherwise discriminate against any 6 applicant for membership or any member in the privileges, 7 rights, or benefits of such membership because of the age, 8 race, creed, medical creed, color, sex, sexual orientation, 9 gender identity, national origin, religion, or disability of 10 such applicant or member. 11 c. Employer, employment agency, labor organization, or the 12 employees, agents, or members thereof to directly or indirectly 13 advertise or in any other manner indicate or publicize that 14 individuals of any particular age, race, creed, medical creed, 15 color, sex, sexual orientation, gender identity, national 16 origin, religion, or disability are unwelcome, objectionable, 17 not acceptable, or not solicited for employment or membership 18 unless based on the nature of the occupation. 19 (1) If a person with a disability is qualified to perform a 20 particular occupation by reason of training or experience, the 21 nature of that occupation shall not be the basis for exception 22 to the unfair or discriminatory practices prohibited by this 23 subsection . 24 (2) An employer, employment agency, or their employees, 25 servants, or agents may offer employment or advertise for 26 employment to only persons with disabilities, when other 27 applicants have available to them other employment compatible 28 with their ability which would not be available to persons 29 with disabilities because of their disabilities. Any such 30 employment or offer of employment shall not discriminate among 31 persons with disabilities on the basis of race, color, creed, 32 medical creed, sex, sexual orientation, gender identity, or 33 national origin. 34 Sec. 4. Section 216.6A, subsection 1, paragraph a, 35 -2- LSB 2845XS (3) 89 je/rn 2/ 8

S.F. 2052 unnumbered paragraph 1, Code 2021, is amended to read as 1 follows: 2 The general assembly finds that the practice of 3 discriminating against any employee because of the age, race, 4 creed, medical creed, color, sex, sexual orientation, gender 5 identity, national origin, religion, or disability of such 6 employee by paying wages to such employee at a rate less than 7 the rate paid to other employees does all of the following: 8 Sec. 5. Section 216.6A, subsection 1, paragraph b, Code 9 2021, is amended to read as follows: 10 b. The general assembly declares that it is the policy 11 of this state to correct and, as rapidly as possible, to 12 eliminate, discriminatory wage practices based on age, race, 13 creed, medical creed, color, sex, sexual orientation, gender 14 identity, national origin, religion, and disability. 15 Sec. 6. Section 216.6A, subsection 2, paragraph a, Code 16 2021, is amended to read as follows: 17 a. It shall be an unfair or discriminatory practice for 18 any employer or agent of any employer to discriminate against 19 any employee because of the age, race, creed, medical creed, 20 color, sex, sexual orientation, gender identity, national 21 origin, religion, or disability of such employee by paying 22 wages to such employee at a rate less than the rate paid to 23 other employees who are employed within the same establishment 24 for equal work on jobs, the performance of which requires equal 25 skill, effort, and responsibility, and which are performed 26 under similar working conditions. An employer or agent of an 27 employer who is paying wages to an employee at a rate less than 28 the rate paid to other employees in violation of this section 29 shall not remedy the violation by reducing the wage rate of any 30 employee. 31 Sec. 7. Section 216.6A, subsection 3, paragraph d, Code 32 2021, is amended to read as follows: 33 d. Pay differential is based on any other factor other 34 than the age, race, creed, medical creed, color, sex, sexual 35 -3- LSB 2845XS (3) 89 je/rn 3/ 8

S.F. 2052 orientation, gender identity, national origin, religion, or 1 disability of such employee. 2 Sec. 8. Section 216.7, subsection 1, paragraphs a and b, 3 Code 2021, are amended to read as follows: 4 a. To refuse or deny to any person because of race, creed, 5 medical creed, color, sex, sexual orientation, gender identity, 6 national origin, religion, or disability the accommodations, 7 advantages, facilities, services, or privileges thereof, or 8 otherwise to discriminate against any person because of race, 9 creed, medical creed, color, sex, sexual orientation, gender 10 identity, national origin, religion, or disability in the 11 furnishing of such accommodations, advantages, facilities, 12 services, or privileges. 13 b. To directly or indirectly advertise or in any other 14 manner indicate or publicize that the patronage of persons of 15 any particular race, creed, medical creed, color, sex, sexual 16 orientation, gender identity, national origin, religion, or 17 disability is unwelcome, objectionable, not acceptable, or not 18 solicited. 19 Sec. 9. Section 216.8, subsection 1, paragraphs a, b, c, and 20 d, Code 2021, are amended to read as follows: 21 a. To refuse to sell, rent, lease, assign, sublease, refuse 22 to negotiate, or to otherwise make unavailable, or deny any 23 real property or housing accommodation or part, portion, or 24 interest therein, to any person because of the race, color, 25 creed, medical creed, sex, sexual orientation, gender identity, 26 religion, national origin, disability, or familial status of 27 such person. 28 b. To discriminate against any person because of the 29 person’s race, color, creed, medical creed, sex, sexual 30 orientation, gender identity, religion, national origin, 31 disability, or familial status, in the terms, conditions, 32 or privileges of the sale, rental, lease assignment, or 33 sublease of any real property or housing accommodation or any 34 part, portion, or interest in the real property or housing 35 -4- LSB 2845XS (3) 89 je/rn 4/ 8

S.F. 2052 accommodation or in the provision of services or facilities in 1 connection with the real property or housing accommodation. 2 c. To directly or indirectly advertise, or in any other 3 manner indicate or publicize that the purchase, rental, 4 lease, assignment, or sublease of any real property or housing 5 accommodation or any part, portion, or interest therein, 6 by persons of any particular race, color, creed, medical 7 creed, sex, sexual orientation, gender identity, religion, 8 national origin, disability, or familial status is unwelcome, 9 objectionable, not acceptable, or not solicited. 10 d. To discriminate against the lessee or purchaser of any 11 real property or housing accommodation or part, portion, or 12 interest of the real property or housing accommodation, or 13 against any prospective lessee or purchaser of the property 14 or accommodation, because of the race, color, creed, medical 15 creed, religion, sex, sexual orientation, gender identity, 16 disability, age, or national origin of persons who may from 17 time to time be present in or on the lessee’s or owner’s 18 premises for lawful purposes at the invitation of the lessee 19 or owner as friends, guests, visitors, relatives, or in any 20 similar capacity. 21 Sec. 10. Section 216.8A, subsections 1, 2, and 5, Code 2021, 22 are amended to read as follows: 23 1. A person shall not induce or attempt to induce another 24 person to sell or rent a dwelling by representations regarding 25 the entry or prospective entry into a neighborhood of a person 26 of a particular race, color, creed, medical creed, sex, sexual 27 orientation, gender identity, religion, national origin, 28 disability, or familial status. 29 2. A person shall not represent to a person of a particular 30 race, color, creed, medical creed, sex, sexual orientation, 31 gender identity, religion, national origin, disability, 32 or familial status that a dwelling is not available for 33 inspection, sale, or rental when the dwelling is available for 34 inspection, sale, or rental. 35 -5- LSB 2845XS (3) 89 je/rn 5/ 8

S.F. 2052 5. A person shall not deny another person access to, 1 or membership or participation in, a multiple-listing 2 service, real estate brokers’ organization or other service, 3 organization, or facility relating to the business of selling 4 or renting dwellings, or discriminate against a person in terms 5 or conditions of access, membership, or participation in such 6 organization because of race, color, creed, medical creed, sex, 7 sexual orientation, gender identity, religion, national origin, 8 disability, or familial status. 9 Sec. 11. Section 216.8A, subsection 4, paragraph a, Code 10 2021, is amended to read as follows: 11 a. A person whose business includes engaging in residential 12 real estate related transactions shall not discriminate 13 against a person in making a residential real estate 14 related transaction available or in terms or conditions of a 15 residential real estate related transaction because of race, 16 color, creed, medical creed, sex, sexual orientation, gender 17 identity, religion, national origin, disability, or familial 18 status. 19 Sec. 12. Section 216.9, subsection 1, unnumbered paragraph 20 1, Code 2021, is amended to read as follows: 21 It is an unfair or discriminatory practice for any 22 educational institution to discriminate on the basis of race, 23 creed, medical creed, color, sex, sexual orientation, gender 24 identity, national origin, religion, or disability in any 25 program or activity. Such discriminatory practices shall 26 include but not be limited to the following practices: 27 Sec. 13. Section 216.10, subsection 1, paragraphs a, b, and 28 c, Code 2021, are amended to read as follows: 29 a. Creditor to refuse to enter into a consumer credit 30 transaction or impose finance charges or other terms or 31 conditions more onerous than those regularly extended by that 32 creditor to consumers of similar economic backgrounds because 33 of age, color, creed, medical creed, national origin, race, 34 religion, marital status, sex, sexual orientation, gender 35 -6- LSB 2845XS (3) 89 je/rn 6/ 8

S.F. 2052 identity, physical disability, or familial status. 1 b. Person authorized or licensed to do business in this 2 state pursuant to chapter 524 , 533 , 536 , or 536A to refuse to 3 loan or extend credit or to impose terms or conditions more 4 onerous than those regularly extended to persons of similar 5 economic backgrounds because of age, color, creed, medical 6 creed, national origin, race, religion, marital status, sex, 7 sexual orientation, gender identity, physical disability, or 8 familial status. 9 c. Creditor to refuse to offer credit life or health and 10 accident insurance because of color, creed, medical creed, 11 national origin, race, religion, marital status, age, physical 12 disability, sex, sexual orientation, gender identity, or 13 familial status. Refusal by a creditor to offer credit 14 life or health and accident insurance based upon the age or 15 physical disability of the consumer shall not be an unfair or 16 discriminatory practice if such denial is based solely upon 17 bona fide underwriting considerations not prohibited by Title 18 XIII, subtitle 1 . 19 Sec. 14. Section 216.12A, Code 2021, is amended to read as 20 follows: 21 216.12A Additional housing exception. 22 Sections 216.8 and 216.8A do not prohibit a person engaged 23 in the business of furnishing appraisals of real estate from 24 taking into consideration factors other than race, color, 25 creed, medical creed, sex, sexual orientation, gender identity, 26 religion, national origin, disability, or familial status in 27 appraising real estate. 28 Sec. 15. NEW SECTION . 216.23 Findings —— suspension during 29 disaster emergency prohibited. 30 1. The general assembly finds that the establishment 31 of medical creed as a protected class under this chapter 32 is necessary to protect the integrity of civil rights and 33 constitutional liberty in this state as a result of the 34 collective response to the COVID-19 pandemic. 35 -7- LSB 2845XS (3) 89 je/rn 7/ 8

S.F. 2052 2. Provisions of this chapter relating to medical creed are 1 not subject to suspension by the governor pursuant to section 2 29C.6, subsection 6. 3 Sec. 16. EFFECTIVE DATE. This Act, being deemed of 4 immediate importance, takes effect upon enactment. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill prohibits unfair or discriminatory practices on 9 the basis of medical creed under Code chapter 216 in regard to 10 employment, accommodations or services, housing, education, 11 or credit. Remedial measures under Code chapter 216 are 12 applicable to such conduct. 13 The bill defines “medical creed” as the vaccination or 14 disease immunity status of an individual, an individual’s 15 decision to disclose or refuse to disclose private medical 16 records, and an individual’s sincerely held beliefs relevant to 17 medical interventions. 18 Provisions of the bill are not subject to suspension by 19 the governor during the period of a proclamation of disaster 20 emergency. The bill includes legislative findings. 21 The bill takes effect upon enactment. 22 -8- LSB 2845XS (3) 89 je/rn 8/ 8