Iowa Code § 261H.8 — IA Code / Title VII / Chapter 261H / Section 261H.8
Training by institution prohibited specific defined concepts.
Status: in_force

(1) For purposes of this section, unless the context otherwise requires:

(1) (a) “Race or sex scapegoating” means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex, or claiming that, consciously or unconsciously, and by virtue of persons’ race or sex, members of any race are inherently racist or are inherently inclined to oppress others, or that members of a sex are inherently sexist or inclined to oppress others.

(1) (b) “Race or sex stereotyping” means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of the individual’s race or sex.

(1) (c) “Specific defined concepts” includes all of the following:

(1) (c) That one race or sex is inherently superior to another race or sex.

(1) (c) That the United States of America and the state of Iowa are fundamentally or systemically racist or sexist.

(1) (c) That an individual, solely because of the individual’s race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously.

(1) (c) That an individual should be discriminated against or receive adverse treatment solely or partly because of the individual’s race or sex.

(1) (c) That members of one race or sex cannot and should not attempt to treat others without respect to race or sex.

(1) (c) That an individual’s moral character is necessarily determined by the individual’s race or sex.

(1) (c) That an individual, by virtue of the individual’s race or sex, bears responsibility for actions committed in the past by other members of the same race or sex.

(1) (c) That any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of that individual’s race or sex.

(1) (c) That meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race.

(1) (c) Any other form of race or sex scapegoating or any other form of race or sex stereotyping.

(2) Each public institution of higher education may continue training that fosters a workplace and learning environment that is respectful of all employees and students. However, the president, vice presidents, deans, department directors, or any other administrator of a public institution of higher education shall ensure that any mandatory staff or student training provided by an employee of the institution or by a contractor hired by the institution does not teach, advocate, act upon, or promote specific defined concepts. This subsection shall not be construed as preventing an employee or contractor who provides mandatory training from responding to questions regarding specific defined concepts raised by participants in the training.

(3) Institution diversity and inclusion efforts shall discourage students of a public institution of higher education from discriminating against another by political ideology or any characteristic protected under the federal Civil Rights Act of 1964, Pub. L. No. 88-352, as amended, and applicable state law. Each public institution of higher education shall prohibit its employees from discriminating against students and employees by political ideology or any characteristic protected under the federal Civil Rights Act of 1964, Pub. L. No. 88-352, as amended, and applicable state law.

(4) This section shall not be construed to do any of the following:

(4) (a) Inhibit or violate the first amendment rights of students or faculty, or undermine a public institution of higher education’s duty to protect to the fullest degree intellectual freedom and free expression. The intellectual vitality of students and faculty shall not be infringed under this section.

(4) (b) Prevent a public institution of higher education from promoting racial, cultural, ethnic, intellectual, or academic diversity or inclusiveness, provided such efforts are consistent with the provisions of this section, chapter 216, and other applicable law.

(4) (c) Prohibit discussing specific defined concepts as part of a larger course of academic instruction.

(4) (d) Create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the state of Iowa, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(4) (e) Prohibit a state or federal court or agency of competent jurisdiction from ordering a training or remedial action containing discussions of specific defined concepts as a remedial action due to a finding of discrimination, including discrimination based on race or sex.

(4) (f) Prohibit the use of curriculum that teaches the topics of sexism, slavery, racial oppression, racial segregation, or racial discrimination, including topics relating to the enactment and enforcement of laws resulting in sexism, racial oppression, segregation, and discrimination.

2021 Acts, ch 163, §2