Relating to wage discrimination under the Iowa civil rights Act of 1965, making penalties applicable, and establishing an equal pay task force

The bill prohibits an employer from requiring that an employee sign a waiver or other document that requires an employee to refrain from engaging in any of those activities as a condition of employment. The bill prohibits an employer from discriminating or retaliating against an employee for engaging in any of the activities. The bill prohibits an employer from seeking salary history information from a potential employee as a condition of a job interview or employment. This provision 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. The bill prohibits an employer from releasing the salary history 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.6A if a pay differential is based on any other factor other than prohibited wage discrimination.6A if a pay differential is based on any other bona fide factor other than prohibited discrimination, including but not limited to a bona fide factor relating to education, training, or experience. However, this defense shall only apply if the employer demonstrates that the factor is not based on or derived from prohibited wage discrimination, is job-related with respect to the position in question, and is consistent with a business necessity. The bill defines “business necessity” as an overriding legitimate business purpose such that the factor relied upon effectively fulfills the business purpose it is supposed to serve. This affirmative defense shall not apply if the employee demonstrates that an alternative business practice exists that would serve the same business purpose without producing the wage differential.6A are not applicable unless one or more of the defenses account for the entire pay differential that is the subject of the claim. EQUAL PAY TASK FORCE. The bill creates an equal pay task force to study the extent of discriminatory wage disparities in the public and private sectors, the factors that cause such disparities, the consequences of such disparities, and actions likely to lead to the elimination and prevention of such disparities. The bill establishes the membership of the task force, including ex officio, nonvoting legislative members. The department of workforce development shall provide staffing services for the task force. The task force shall submit a report regarding its findings and its recommendations regarding potential actions for the elimination and prevention of discriminatory wage disparities to the governor and the general assembly no later than December 16, 2022.