Bill Text: IA SF242 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-13 - Subcommittee: Schultz, Carlin, and Dotzler. S.J. 301. [SF242 Detail]
Download: Iowa-2019-SF242-Introduced.html
Senate
File
242
-
Introduced
SENATE
FILE
242
BY
DOTZLER
(COMPANION
TO
HF
146
BY
STAED)
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
TLSB
1810XS
(2)
88
je/rn
S.F.
242
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
-1-
LSB
1810XS
(2)
88
je/rn
1/
8
S.F.
242
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
-2-
LSB
1810XS
(2)
88
je/rn
2/
8
S.F.
242
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”
means
an
overriding
legitimate
business
purpose
13
such
that
the
factor
relied
upon
effectively
fulfills
the
14
business
purpose
it
is
supposed
to
serve.
This
affirmative
15
defense
shall
not
apply
if
the
employee
demonstrates
that
an
16
alternative
business
practice
exists
that
would
serve
the
same
17
business
purpose
without
producing
the
wage
differential.
18
b.
An
affirmative
defense
under
this
subsection
is
not
19
applicable
unless
one
or
more
of
the
defenses
listed
in
20
paragraph
“a”
account
for
the
entire
pay
differential
that
is
21
the
subject
of
the
claim.
22
Sec.
4.
EQUAL
PAY
TASK
FORCE
AND
REPORT.
23
1.
An
equal
pay
task
force
is
created.
The
task
force
shall
24
consist
of
the
following
members:
25
a.
The
director
of
the
civil
rights
commission,
or
the
26
director’s
designee.
27
b.
The
director
of
the
department
of
human
rights,
or
the
28
director’s
designee.
29
c.
An
employee
of
the
labor
market
information
division
30
of
the
department
of
workforce
development
designated
by
the
31
director
of
the
department.
32
d.
A
representative
of
the
association
of
business
and
33
industry,
appointed
by
the
president
of
the
association.
34
e.
A
member
of
a
statewide
labor
organization
appointed
by
35
-3-
LSB
1810XS
(2)
88
je/rn
3/
8
S.F.
242
the
president
of
the
organization.
1
f.
Two
representatives
of
organizations
whose
objectives
2
include
the
elimination
of
pay
disparities
between
men
and
3
women
and
minorities
and
nonminorities
and
that
have
undertaken
4
advocacy,
educational,
or
legislative
initiatives
in
pursuit
5
of
such
objectives
appointed
by
the
director
of
the
civil
6
rights
commission
in
consultation
with
the
leadership
of
those
7
organizations.
8
g.
Two
representatives
of
postsecondary
education
9
institutions
who
have
experience
and
expertise
in
the
10
collection
and
analysis
of
data
concerning
pay
disparities
11
between
men
and
women
and
minorities
and
nonminorities
12
and
whose
research
has
been
used
in
efforts
to
promote
the
13
elimination
of
such
disparities
appointed
by
the
director
of
14
the
civil
rights
commission
in
consultation
with
the
leadership
15
of
those
institutions.
16
h.
Four
members
of
the
general
assembly
serving
as
17
ex
officio,
nonvoting
members,
one
representative
to
be
18
appointed
by
the
speaker
of
the
house
of
representatives,
one
19
representative
to
be
appointed
by
the
minority
leader
of
the
20
house
of
representatives,
one
senator
to
be
appointed
by
the
21
majority
leader
of
the
senate,
and
one
senator
to
be
appointed
22
by
the
minority
leader
of
the
senate.
23
2.
The
task
force
shall
study
all
of
the
following:
24
a.
The
extent
of
wage
disparities,
both
in
the
public
and
25
private
sectors,
between
men
and
women
and
between
minorities
26
and
nonminorities.
27
b.
Factors
that
cause,
or
which
tend
to
cause,
such
28
disparities,
including
segregation
between
women
and
29
men
and
between
minorities
and
nonminorities
across
and
30
within
occupations,
payment
of
lower
wages
for
work
in
31
female-dominated
occupations,
child-rearing
responsibilities,
32
the
number
of
women
who
are
heads
of
households,
education,
33
hours
worked,
and
years
on
the
job.
34
c.
The
consequences
of
such
disparities
on
the
economy
and
35
-4-
LSB
1810XS
(2)
88
je/rn
4/
8
S.F.
242
affected
families.
1
d.
Actions
likely
to
lead
to
the
elimination
and
prevention
2
of
such
disparities.
3
3.
The
civil
rights
commission
shall
provide
staffing
4
services
for
the
task
force.
5
4.
The
voting
members
shall
elect
a
chairperson
from
the
6
voting
membership
of
the
task
force.
A
majority
of
the
voting
7
members
of
the
task
force
constitutes
a
quorum.
8
5.
Voting
members
of
the
task
force
shall
receive
9
reimbursement
for
actual
expenses
incurred
while
serving
10
in
their
official
capacity
only
if
they
are
not
eligible
11
for
reimbursement
by
the
organization
that
they
represent.
12
Legislative
members
shall
be
paid
the
per
diem
and
expenses
13
specified
in
section
2.10.
14
6.
The
task
force
shall
submit
a
report
regarding
its
15
findings
and
its
recommendations
regarding
potential
actions
16
for
the
elimination
and
prevention
of
disparities
in
wages
17
between
men
and
women
and
minorities
and
nonminorities
to
the
18
governor
and
the
general
assembly
no
later
than
December
18,
19
2020.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
relates
to
wage
discrimination
under
Code
chapter
24
216,
the
Iowa
civil
rights
Act
of
1965,
and
state
contracting,
25
and
establishes
an
equal
pay
task
force.
26
WAGE
DISCRIMINATION
IN
STATE
CONTRACTING.
The
bill
requires
27
a
nonstate
party
to
a
contract
for
goods
or
services
with
the
28
state
to
submit
certain
information
regarding
each
of
its
29
employees
in
a
report
to
the
department
of
administrative
30
services
and
the
civil
rights
commission
annually
by
January
1
31
for
purposes
of
ensuring
compliance
with
Code
chapters
19B
and
32
216.
The
required
information
is
an
employee’s
total
annual
33
compensation,
occupation,
sex,
race,
length
of
employment,
34
highest
level
of
education
attained,
and
years
of
experience
35
-5-
LSB
1810XS
(2)
88
je/rn
5/
8
S.F.
242
relevant
to
the
employee’s
job.
Names
of
employees
shall
not
1
be
included
in
the
report.
2
WAGE
DISCRIMINATION
IN
EMPLOYMENT.
The
bill
establishes
3
additional
unfair
or
discriminatory
practices
relating
to
wages
4
under
Code
section
216.6A.
Penalty
and
remedial
provisions
5
for
discriminatory
employment
practices,
including
penalties
6
specific
to
wage
discrimination,
are
applicable
under
Code
7
chapter
216
to
violations
of
these
requirements.
8
The
bill
prohibits
an
employer
from
requiring
that
an
9
employee
refrain
from
disclosing,
discussing,
or
sharing
10
information
about
the
amount
of
the
employee’s
wages,
benefits,
11
or
other
compensation
or
from
inquiring,
discussing,
or
sharing
12
information
about
any
other
employee’s
wages,
benefits,
or
13
other
compensation
as
a
condition
of
employment.
The
bill
14
prohibits
an
employer
from
requiring
that
an
employee
sign
a
15
waiver
or
other
document
that
requires
an
employee
to
refrain
16
from
engaging
in
any
of
those
activities
as
a
condition
of
17
employment.
The
bill
prohibits
an
employer
from
discriminating
18
or
retaliating
against
an
employee
for
engaging
in
any
of
the
19
activities.
20
The
bill
prohibits
an
employer
from
seeking
salary
history
21
information
from
a
potential
employee
as
a
condition
of
a
job
22
interview
or
employment.
This
provision
shall
not
be
construed
23
to
prohibit
a
prospective
employer
from
asking
a
prospective
24
employee
what
salary
level
the
prospective
employee
would
25
require
in
order
to
accept
a
job.
26
The
bill
prohibits
an
employer
from
releasing
the
salary
27
history
of
any
current
or
former
employee
to
any
prospective
28
employer
in
response
to
a
request
as
part
of
an
interview
or
29
hiring
process
without
written
authorization
from
such
current
30
or
former
employee.
31
The
bill
prohibits
an
employer
from
publishing,
listing,
or
32
posting
within
the
employer’s
organization,
with
any
employment
33
agency,
job-listing
service,
or
internet
site,
or
in
any
other
34
public
manner,
an
advertisement
to
recruit
candidates
for
35
-6-
LSB
1810XS
(2)
88
je/rn
6/
8
S.F.
242
hire
or
independent
contractors
to
fill
a
position
within
the
1
employer’s
organization
without
including
the
minimum
rate
of
2
pay
of
the
position.
The
rate
of
pay
shall
include
overtime
3
and
allowances,
if
any,
claimed
as
part
of
the
minimum
wage,
4
including
but
not
limited
to
tipped
wages.
The
bill
prohibits
5
an
employer
from
paying
a
newly
hired
employee
at
less
than
the
6
rate
of
pay
advertised
for
the
employee’s
position.
7
Under
current
law,
an
employer
has
an
affirmative
defense
8
to
a
claim
under
Code
section
216.6A
if
a
pay
differential
9
is
based
on
any
other
factor
other
than
prohibited
wage
10
discrimination.
The
bill
provides
that
an
employer
has
an
11
affirmative
defense
to
a
claim
under
Code
section
216.6A
if
a
12
pay
differential
is
based
on
any
other
bona
fide
factor
other
13
than
prohibited
discrimination,
including
but
not
limited
14
to
a
bona
fide
factor
relating
to
education,
training,
or
15
experience.
However,
this
defense
shall
only
apply
if
the
16
employer
demonstrates
that
the
factor
is
not
based
on
or
17
derived
from
prohibited
wage
discrimination,
is
job
related
18
with
respect
to
the
position
in
question,
and
is
consistent
19
with
a
business
necessity.
The
bill
defines
“business
20
necessity”
as
an
overriding
legitimate
business
purpose
21
such
that
the
factor
relied
upon
effectively
fulfills
the
22
business
purpose
it
is
supposed
to
serve.
This
affirmative
23
defense
shall
not
apply
if
the
employee
demonstrates
that
an
24
alternative
business
practice
exists
that
would
serve
the
same
25
business
purpose
without
producing
the
wage
differential.
26
The
bill
provides
that
affirmative
defenses
to
a
claim
under
27
Code
section
216.6A
are
not
applicable
unless
one
or
more
of
28
the
defenses
account
for
the
entire
pay
differential
that
is
29
the
subject
of
the
claim.
30
The
bill
also
requires
the
civil
rights
commission
to
31
establish
a
statewide,
toll-free
telephone
hotline
for
the
32
purpose
of
receiving
reports
of
violations
of
Code
section
33
216.6A.
34
EQUAL
PAY
TASK
FORCE.
The
bill
creates
an
equal
pay
task
35
-7-
LSB
1810XS
(2)
88
je/rn
7/
8
S.F.
242
force
to
study
the
extent
of
discriminatory
wage
disparities
1
in
the
public
and
private
sectors,
the
factors
that
cause
2
such
disparities,
the
consequences
of
such
disparities,
and
3
actions
likely
to
lead
to
the
elimination
and
prevention
of
4
such
disparities.
5
The
bill
establishes
the
membership
of
the
task
force,
6
including
ex
officio,
nonvoting
legislative
members.
The
civil
7
rights
commission
shall
provide
staffing
services
for
the
task
8
force.
9
The
task
force
shall
submit
a
report
regarding
its
findings
10
and
its
recommendations
regarding
potential
actions
for
the
11
elimination
and
prevention
of
discriminatory
wage
disparities
12
to
the
governor
and
the
general
assembly
no
later
than
December
13
18,
2020.
14
-8-
LSB
1810XS
(2)
88
je/rn
8/
8
