Relating to sexual harassment in employment policies and protections, and including effective date provisions

The bill requires that employers provide copies of the written policies to employees upon hire and provides written copies of updated policies to employees when changes are made. These provisions of the bill are not effective until the Iowa civil rights commission (commission) prepares and provides to employers a model policy and model poster regarding sexual harassment, which is a requirement of the bill. The bill provides that an assertion that an individual did not receive the information required to be provided by the bill shall not result in the automatic liability of any employer to any current or former employee or applicant in any action alleging sexual harassment. The bill further provides that an employer’s compliance with the notice requirements of the bill does not preclude the employer from liability for sexual harassment of any current or former employee or applicant. The bill encourages employers and labor organizations to conduct annual education and training programs on the topic of sexual harassment. The bill provides that an employer shall not require any employee or prospective employee, as a condition of employment, to sign an agreement or waiver that does any of the following: (1) prohibits, prevents, or otherwise restricts the employee or prospective employee from opposing, disclosing, reporting, or participating in an investigation of sexual harassment, or (2) except as otherwise permitted by state or federal law, purports to waive a substantive or procedural right to remedy available to the employee with respect to a claim of sexual harassment. The bill sets forth what an agreement to settle a sexual harassment claim shall state, including that it does not waive any rights or claims that may arise after the date the settlement agreement is executed and that it does not prohibit, prevent, or otherwise restrict the individual who made the claim from exercising enumerated rights. The bill provides that an agreement to settle a sexual harassment claim that violates such provisions is void and unenforceable against the person who made the claim. The bill provides that the commission, in order to assess compliance with the provisions of this new Code section, shall be able to, with 48 hours’ notice, at reasonable times and without unduly disrupting business operations, enter and inspect any place of employment, question any person who is authorized by the employer to receive or investigate complaints of sexual harassment, and examine an employer’s records, policies, procedures, and training materials related to the prevention of sexual harassment and the requirements of the Code section. The bill requires the employer to at reasonable times and without unduly disrupting business operations make any persons who are authorized by the employer to receive or investigate complaints of sexual harassment and any records, policies, procedures, and training materials related to the prevention of sexual harassment and the requirements of the bill available to the commission or designee. The bill provides that following such an inspection and examination, the commission shall notify the employer of the results of the inspection and examination, including any issues or deficiencies identified, provide resources regarding practices and procedures for the prevention of sexual harassment that the employer may wish to adopt or utilize, and identify any technical assistance that the commission may be able to provide to help the employer address any identified issues or deficiencies. The bill provides that if the commission determines that it is necessary to ensure the employer’s workplace is free from sexual harassment, the employer may be required, for a period of up to three years, to provide an annual education and training program that satisfies certain requirements set forth in the bill to all employees or to conduct an annual, anonymous working-climate survey, or both.6B is pending, the attorney general may intervene as a party at any time or may be heard at any time. OTHER CODE SECTIONS.11(2).6B.15 to eliminate the requirement that a complaint of discrimination with the Iowa civil rights commission be written.11(2). The bill provides that rather than serving a true copy of a verified complaint, the commission shall serve an accurate representation of a verified complaint.11(2) shall be served on the person against whom the complaint is filed, along with the complaint. SESSION LAW. The bill provides that on or before December 15, 2019, the Iowa civil rights commission shall develop and implement enhanced mechanisms for employees to submit complaints of discrimination and sexual harassment in employment. The bill provides that the methods shall include, at a minimum, an easy-to-use portal on the Iowa civil rights commission’s website and a telephone hotline. Each method shall provide a clear statement that information submitted may be referred to the federal equal employment opportunity commission or a local agency that has jurisdiction over the complaint. The bill provides that on or before December 15, 2019, the Iowa civil rights commission shall develop a public education and outreach program that is designed to make Iowa employees and employers aware of methods for reporting employment discrimination and sexual harassment and where to find information regarding the laws related to employment discrimination and sexual harassment as well as best practices for preventing employment discrimination and sexual harassment. The bill provides that the program may include printed informational and training materials and in-person seminars and workshops. The bill provides that on or before January 15, 2020, the Iowa civil rights commission, in consultation with the attorney general, shall submit to the general assembly and the governor a report. The report shall contain two parts. The first part of the report shall concern the implementation of the enhanced reporting mechanisms for instances of employment discrimination and sexual harassment. The bill provides specific instructions for the report. The second part of the report shall examine mechanisms to provide notice to the Iowa civil rights commission of agreements to settle sexual harassment claims that contain a nondisclosure provision and examine mechanisms to render provisions of agreements to settle sexual harassment claims that include nondisclosure agreements void and nonenforceable if, in relation to a separate claim, the alleged harasser is later found by a court or tribunal of competent jurisdiction to have engaged in sexual harassment or retaliation in relation to a claim of sexual harassment. The bill provides instructions for the second part of the report.6B(5) to reflect the provisions of the bill.3.2, subsection 3, which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. Therefore, political subdivisions are required to comply with any state mandate included in the bill.