Relating to wage discrimination under the Iowa civil rights Act of 1965 and making penalties applicable

This bill relates to wage discrimination under Code chapter 216, the Iowa civil rights Act of 1965.6A. Penalty and remedial provisions for discriminatory employment practices, including penalties specific to wage discrimination, are applicable under Code chapter 216 to violations of these requirements. The bill prohibits an employer from requiring an employee to 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 as a condition of employment. The bill prohibits an employer from requiring an employee to 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. The bill prohibits an employer from publishing, listing, or posting 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 shall include overtime and allowances, if any, claimed as part of the minimum wage, including but not limited to tipped wages. The bill prohibits an employer from paying a newly hired employee at less than the rate of pay advertised for the employee’s position.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 affirmative 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.