SF 396 — A bill for an act relating to wage discrimination under the Iowa civil rights Act of 1965, making penalties applicable, and establishing an equal pay task force.

Bill Text

• Introduced View text Current pdf

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The bill amends existing law to introduce additional prohibitions against wage discrimination and establishes an equal pay task force.

• Section 216.6A

  It shall be an unfair or discriminatory practice for any employer or agent of any employer to do any of the following: a. Require, as a condition of employment, that an employee refrain from disclosing, discussing, or sharing information about the amount of the employee’s wages, benefits, or other compensation or from inquiring, discussing, or sharing information about any other employee’s wages, benefits, or other compensation. b. Require, as a condition of employment, that an employee sign a waiver or other document that requires an employee to refrain from engaging in any of the activities permitted under paragraph “a”. c. Discriminate or retaliate against an employee for engaging in any of the activities permitted under paragraph “a”. d. Seek salary history information, including but not limited to information on compensation and benefits, from a potential employee as a condition of a job interview or employment. This paragraph shall not be construed to prohibit a prospective employer from asking a prospective employee what salary level the prospective employee would require in order to accept a job. e. Release the salary history, including but not limited to information on compensation and benefits, of any current or former employee to any prospective employer in response to a request as part of an interview or hiring process without written authorization from such current or former employee. f. Publish, list, or post within the employer’s organization, with any employment agency, job-listing service, or internet site, or in any other public manner, an advertisement to recruit candidates for hire or independent contractors to fill a position within the employer’s organization without including the minimum rate of pay of the position. The rate of pay may be by the hour, shift, day, week, salary, piece, commission, or other applicable rate. The rate of pay shall include overtime and allowances, if any, claimed as part of the minimum wage, including but not limited to tipped wages. g. Pay a newly hired employee at less than the rate of pay advertised for the employee’s position under paragraph “f”.

  This change establishes new unfair practices regarding wage transparency and recruitment, making it illegal for employers to impose certain restrictions or conditions related to wage discussions and history.

• Section 216.6A

  an affirmative defense to a claim arising under this section if any of the following applies: → an affirmative defense to a claim arising under this section if any of the following applies: (1) Payment of wages is made pursuant to a seniority system. (2) Payment of wages is made pursuant to a merit system. (3) Payment of wages is made pursuant to a system which measures earnings by quantity or quality of production. (4) Pay differential is based on any other bona fide factor other than the age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability of such employee, including but not limited to a bona fide factor relating to education, training, or experience.

  This modification clarifies that an employer can only claim an affirmative defense for pay differentials if certain criteria are demonstrated, strengthening the standards for acceptable justifications.

Action History

1. March 01, 2023

   Subcommittee: Driscoll, Donahue, and Kraayenbrink.

2. February 23, 2023

   Introduced, referred to Workforce.

Sponsors

• T. TAYLOR · Primary
• Herman C. Quirmbach · Primary
• Liz Bennett · Primary
• Zach Wahls · Primary
• BOULTON · Primary
• Izaah Knox · Primary
• Tony Bisignano · Primary
• GIDDENS · Primary
• William A. Dotzler Jr. · Primary
• Cindy Winckler · Primary
• CELSI · Primary
• Molly Donahue · Primary
• JOCHUM · Primary
• Janice Weiner · Primary
• Sarah Trone Garriott · Primary
• Janet Petersen · Primary

Subjects