[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9228 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9228
To prevent discrimination, including harassment, in employment.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 30, 2024
Ms. Pressley (for herself, Ms. Garcia of Texas, Ms. Strickland, Ms.
Slotkin, Mr. Garamendi, Mr. Carson, Ms. Norton, Mrs. Cherfilus-
McCormick, Ms. Williams of Georgia, Mrs. Dingell, Mr. Johnson of
Georgia, Mr. Thanedar, Ms. Lee of California, Mrs. Trahan, Mrs.
Ramirez, Mr. DeSaulnier, Mrs. Watson Coleman, Ms. Barragan, Ms. Wild,
and Ms. Porter) introduced the following bill; which was referred to
the Committee on Education and the Workforce, and in addition to the
Committees on the Judiciary, House Administration, Oversight and
Accountability, and Veterans' Affairs, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To prevent discrimination, including harassment, in employment.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bringing an End to Harassment by
Enhancing Accountability and Rejecting Discrimination in the Workplace
Act'' or the ``BE HEARD in the Workplace Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Purposes.
TITLE I--RESEARCHING AND PREVENTING WORKPLACE DISCRIMINATION, INCLUDING
HARASSMENT; TIPPED EMPLOYEES
Sec. 100. Definitions.
Subtitle A--Preventing Workplace Discrimination, Including Harassment
Sec. 101. Mandatory nondiscrimination policies.
Sec. 102. Nondiscrimination training.
Sec. 103. Resource materials on policies and trainings for small
businesses.
Sec. 104. Education, training, and technical assistance to employers.
Sec. 105. Task force regarding harassment.
Sec. 106. Resource materials on employment climate assessments.
Sec. 107. Establishing an Office of Education and Outreach within the
Equal Employment Opportunity Commission.
Sec. 108. Relationship to other laws.
Sec. 109. Authorization of appropriations.
Subtitle B--Research and Additional Resources for Harassment Prevention
Sec. 111. National prevalence survey on harassment in employment.
Sec. 112. Study and report on harassment in the Federal Government.
Sec. 113. Studies, reports, and further research.
Subtitle C--Preventing Harassment of Tipped Employees
Sec. 121. Tipped employees.
TITLE II--STRENGTHENING WORKPLACE RIGHTS
Sec. 201. Clarifying sexual orientation discrimination and gender
identity discrimination are unlawful sex
discrimination.
Sec. 202. Covered employers.
Sec. 203. Compensatory and punitive damages available.
Sec. 204. Discrimination, including harassment; standards of proof.
Sec. 205. Clarifying other standards of proof.
Sec. 206. Supervisor liability.
Sec. 207. Extending the statutes of limitations.
Sec. 208. Extending the time limitations on Federal employees filing a
complaint.
TITLE III--BROADENING PROTECTIONS AND ENSURING TRANSPARENCY
Sec. 301. Independent contractors, interns, fellows, volunteers, and
trainees.
Sec. 302. Nondisclosure agreements.
Sec. 303. Prohibition on mandatory arbitration and protection of
concerted legal action.
Sec. 304. Federal contractor compliance with labor and civil rights
laws.
TITLE IV--NATIONWIDE GRANTS TO PREVENT AND RESPOND TO WORKPLACE
DISCRIMINATION, INCLUDING HARASSMENT
Sec. 401. Definitions.
Subtitle A--National Grants for Preventing and Addressing Employment
Discrimination, Including Harassment
Sec. 411. Definitions.
Sec. 412. Grants.
Sec. 413. Authorization of appropriations.
Subtitle B--Grants for Legal Assistance for Low-Income Workers
Sec. 421. Definitions.
Sec. 422. Grants for civil legal needs related to employment
discrimination.
Sec. 423. Authorization of appropriations.
Subtitle C--Grants for a System of State Advocacy
Sec. 431. Purpose.
Sec. 432. Definitions.
Sec. 433. Allotments and payments.
Sec. 434. System required.
Sec. 435. Administration.
Sec. 436. Authorization of appropriations.
TITLE V--GENERAL PROVISIONS
Sec. 501. Severability.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to prevent and reduce prohibited discrimination,
including harassment, in employment;
(2) to prevent and reduce discriminatory, including
harassing, conduct in the workplace;
(3) to identify and implement best practices in creating a
workplace free from discrimination, including harassment;
(4) to update and clarify certain employment
nondiscrimination laws; and
(5) to expand workers' access to counsel and advocacy
services to protect the legal and human rights of workers by
preventing and reducing discrimination, including harassment,
and responding to violations of worker's rights.
TITLE I--RESEARCHING AND PREVENTING WORKPLACE DISCRIMINATION, INCLUDING
HARASSMENT; TIPPED EMPLOYEES
SEC. 100. DEFINITIONS.
In subtitles A and B:
(1) Commission.--The term ``Commission'' means the Equal
Employment Opportunity Commission.
(2) Employer.--The term ``employer'' has the meaning given
the term in section 701 of the Civil Rights Act of 1964 (42
U.S.C. 2000e), as amended by section 202 of this Act.
Subtitle A--Preventing Workplace Discrimination, Including Harassment
SEC. 101. MANDATORY NONDISCRIMINATION POLICIES.
(a) Policies.--
(1) In general.--Beginning not later than 1 year after the
date of enactment of this Act, each employer who has 15 or more
employees shall adopt, maintain, and periodically review a
comprehensive nondiscrimination policy, which shall establish
policies and procedures concerning prohibited discrimination,
including harassment, in employment.
(2) Dissemination and posting.--The employer shall
disseminate the comprehensive nondiscrimination policy to each
employee at the beginning of employment, annually, and on the
issuance of any update to the comprehensive nondiscrimination
policy. The employer shall post the comprehensive
nondiscrimination policy in prominent locations, including in a
prominent location on the employer's website.
(b) Contents.--At a minimum, the comprehensive nondiscrimination
policy shall include--
(1) a definition of prohibited discrimination, including
harassment, in employment;
(2) a description of the types of behaviors prohibited by
the policy;
(3) the identification of multiple individuals to whom an
employee may report such discrimination, and the contact
information for those individuals;
(4) a description of multiple methods for reporting such
discrimination;
(5) a general description of how the employer will conduct
prompt, thorough, and impartial investigations and respond to
complaints regarding such discrimination;
(6) a prohibition against retaliation related to such
discrimination, including disclosing, reporting, or challenging
such discrimination;
(7) a description of the confidentiality protections
available for such discrimination complaints;
(8) a description of potential consequences for violating
the policy; and
(9) any additional components required by the Commission
for the purpose of preventing such discrimination.
(c) Accessibility.--The comprehensive nondiscrimination policy
shall be made available in plain English and in an accessible manner
for individuals with disabilities and for individuals who primarily
speak a language other than English.
(d) Enforcement.--
(1) In general.--Subject to paragraph (2), an employer who
fails to comply with this section shall be fined not more than
$1,000 for each separate offense.
(2) Repeated or willful violations.--An employer who
repeatedly or willfully fails to comply with this section shall
be fined not less than $5,000 for each separate offense.
(e) Regulations.--The Commission shall have authority to promulgate
regulations to carry out this section.
SEC. 102. NONDISCRIMINATION TRAINING.
(a) In General.--The Commission shall promulgate regulations--
(1) to require appropriate employers, as determined by the
Commission, to provide--
(A) in-person or other interactive training for
each employee regarding discriminatory, including
harassing, behaviors in employment; and
(B) training specifically designed for supervisors
regarding the prevention of and response to
discrimination (including harassment) in employment,
including retaliation; and
(2) to identify specific elements of such training.
(b) Required Training.--The requirements described in subsection
(a) shall be based on research on effective training.
(c) Enforcement.--The Commission shall issue remedies for
noncompliance by regulation.
SEC. 103. RESOURCE MATERIALS ON POLICIES AND TRAININGS FOR SMALL
BUSINESSES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Commission shall make publicly available resource
materials on comprehensive nondiscrimination policies and trainings on
such policies for employers with fewer than 15 employees.
(b) Contents.--Such resource materials shall include, at a
minimum--
(1) model comprehensive nondiscrimination policies
concerning prohibited discrimination, including harassment, in
employment, as described in section 101, for use by employers
with fewer than 15 employees, which shall--
(A) be designed to be easily distributed by such
employers to employees;
(B) take into account the resources available to
such employers;
(C) take into account the particular needs of
employees of such employers;
(D) be made available in plain English and in
accessible formats for individuals with disabilities
and for individuals who primarily speak a language
other than English;
(E) include a definition of prohibited
discrimination, including harassment, in employment;
(F) include examples of prohibited discriminatory,
including harassing, behaviors;
(G) describe how the employer may conduct prompt,
thorough, and impartial investigations and respond to
complaints regarding such prohibited discrimination;
(H) include a prohibition against retaliation
related to such discrimination;
(I) include policies that reflect the needs of a
variety of different types of workplaces, including
those with differing work structures, facilities, or
tasks;
(J) describe behaviors that would constitute
retaliation; and
(K) include a description of potential consequences
for violating the comprehensive nondiscrimination
policy; and
(2) model trainings regarding prohibited discrimination,
including harassment, in employment, as described in section
102, for use by employers with fewer than 15 employees, which
shall--
(A) take into account the resources available to
such employers;
(B) take into account the particular needs of
employees of such employers;
(C) be made available in plain English and in
accessible formats for individuals with disabilities
and for individuals who primarily speak a language
other than English;
(D) be made available in an online format that is
widely available to such employers and employees of
such employers;
(E) include an explanation of prohibited
discrimination, including harassment, in employment,
including retaliation related to such discrimination;
(F) describe the affirmative behaviors that
contribute to preventing and reducing discrimination,
including harassment, in employment;
(G) include trainings designed to address the needs
of a variety of workplaces, including those with
differing work structures, facilities, and tasks;
(H) include best practices for preventing
prohibited discrimination, including harassment,
specific to industries in which the Commission
determines that discrimination, including harassment,
is particularly prevalent or severe; and
(I) include any additional information the
Commission determines may prevent discrimination,
including harassment, of employees.
(c) Individualization.--The Commission shall ensure that resource
materials under this section are designed to facilitate individual
employers to customize training to address the needs of their
workplaces, including differing work structures, facilities, and tasks.
SEC. 104. EDUCATION, TRAINING, AND TECHNICAL ASSISTANCE TO EMPLOYERS.
The Commission shall have the authority to--
(1) reasonably adjust the fees the Commission charges for
any education, technical assistance, or training the Commission
offers through the Technical Assistance Training Institute
established in accordance with section 705(j)(1) of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-4(j)(1));
(2) use the materials developed by the Commission for any
education, technical assistance, or training offered by the
Commission in accordance with that section in any education and
outreach activities carried out by the Commission; and
(3) use funds from the Commission's EEOC Education,
Technical Assistance, and Training Revolving Fund, established
under section 705(k) of the Civil Rights Act of 1964 (42 U.S.C.
2000e-4(k)), to pay the full salaries of any Commission
employees that develop and administer any education, technical
assistance, or training programs offered by the Commission in
connection with activities under this Act.
SEC. 105. TASK FORCE REGARDING HARASSMENT.
(a) In General.--The Commission shall establish and periodically
convene a harassment prevention task force (referred to in this section
as the ``Task Force'') to study prohibited harassment in employment.
(b) Membership.--The Task Force established under subsection (a)
shall include membership that reflects a broad diversity of experience
and expertise relating to prohibited harassment, including--
(1) employee advocates;
(2) researchers with expertise in organizational culture
change or reducing behavior related to harassment;
(3) legal practitioners with professional expertise related
to harassment litigation on behalf of employees;
(4) legal practitioners with experience serving as a chief
legal officer or human resource officer in a corporate legal
department;
(5) individuals with expertise in diversity and inclusion
initiatives;
(6) individuals who have experienced prohibited harassment
in employment; and
(7) labor organization leaders.
(c) Duties.--The Task Force shall--
(1) identify strategies and recommend proposals to prevent
prohibited harassment in employment; and
(2) provide guidance on effective strategies to prevent
prohibited harassment that are specific to industries in which
the Task Force determines that harassment is particularly
prevalent or severe.
(d) Report.--Not less than once every 5 years, the Commission shall
prepare and publish a report on the Commission's website, which shall
be based on the work of the Task Force and shall include--
(1) a review of the prevalence of prohibited harassment in
employment, including the results of the national prevalence
survey described in section 111;
(2) recommendations for Federal, State, and local
initiatives, reforms, and legislation to prevent prohibited
harassment in employment;
(3) assessments of the effectiveness of employment policies
designed to prevent prohibited harassment in employment by
changing behavior and culture;
(4) assessments of the effectiveness of processes for
investigations into prohibited harassment in employment;
(5) assessments of the effectiveness of different types of
training to reduce and prevent harassment in employment; and
(6) assessments of the effectiveness of other proactive
initiatives and interventions to reduce and prevent harassment
in employment.
SEC. 106. RESOURCE MATERIALS ON EMPLOYMENT CLIMATE ASSESSMENTS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Commission shall develop and make publicly available
resource materials for employers on assessing the employment climate,
including the occurrence of prohibited harassment in employment, in
order to assist such employers in determining the effectiveness of
measures the employer takes to prevent and address prohibited
harassment in employment.
(b) Employment Climate Survey.--Such resource materials shall
include a model survey regarding prohibited harassment in employment,
which shall be available for an employer to use (at the employer's
discretion and employer's expense) in order to assess the employment
climate. The model survey shall be--
(1) designed to assess employees' experiences related to
prohibited harassment in employment;
(2) fair, unbiased, and scientifically valid to the
greatest extent practicable;
(3) designed to solicit confidential submissions and to
provide data without revealing personally identifiable
information; and
(4) inclusive of individuals required to be afforded
protection under section 301.
(c) Contents.--The model survey may include--
(1) questions designed to assess the prevalence of
prohibited harassment in employment;
(2) questions designed to understand whether employees have
access to and are familiar with the employer's
nondiscrimination, including anti-harassment, policies and
procedures;
(3) questions to assess the employment climate; and
(4) any additional questions the Commission determines are
consistent with the purposes of this section.
(d) Mandatory Employee Participation Prohibited.--An employer may
not compel or require employees to participate in a survey regarding
prohibited discrimination, including harassment, in employment.
(e) Review and Revision.--The Commission shall periodically review
and revise the resource materials described in subsection (a) and the
model survey developed under subsection (b).
SEC. 107. ESTABLISHING AN OFFICE OF EDUCATION AND OUTREACH WITHIN THE
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.
(a) In General.--The Commission shall establish and maintain an
Office of Education and Outreach to--
(1) conduct outreach and education concerning prohibited
discrimination, including harassment, in employment under
Federal civil rights laws and available resources and remedies
relating to those laws; and
(2) conduct a multi-year public awareness campaign to
improve public awareness of the Commission, which shall include
disseminating information about--
(A) the purpose of the Commission;
(B) the resources available through the Commission
to prevent prohibited discrimination, including
harassment, in employment;
(C) the ways in which an individual can file a
complaint with the Commission; and
(D) the process by which the Commission
investigates charges of discrimination.
(b) Information Disseminated.--The information disseminated in
accordance with subsection (a)(2) shall be made available in plain
English and in an accessible manner for individuals with disabilities
and for individuals who primarily speak a language other than English.
SEC. 108. RELATIONSHIP TO OTHER LAWS.
Compliance with section 101 or 102, or use of materials provided
under this subtitle, is not an affirmative defense under applicable
employment nondiscrimination laws.
SEC. 109. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission such sums
as may be necessary to carry out the Commission's duties and
activities, including such duties and activities authorized under this
subtitle.
Subtitle B--Research and Additional Resources for Harassment Prevention
SEC. 111. NATIONAL PREVALENCE SURVEY ON HARASSMENT IN EMPLOYMENT.
(a) Survey.--The Bureau of the Census, the Commission, and the
Bureau of Labor Statistics shall jointly develop a national prevalence
survey on the prevalence of prohibited harassment in employment
(referred to in this section as the ``national prevalence survey'').
Such survey shall be administered by the Bureau of the Census not later
than 1 year after the date of enactment of this Act, and every 3 years
thereafter.
(b) Contents.--The national prevalence survey shall include
questions designed to collect such information from individuals as may
be necessary to examine existing beliefs, attitudes, and understanding
of prohibited harassment in employment, and the extent to which such
harassment is experienced or observed by individuals, supervisors, and
employers, including the information necessary for the report described
in subsection (c).
(c) Report.--
(1) In general.--Not later than 6 months after each
national prevalence survey has been administered, the Bureau of
the Census, the Commission, and the Bureau of Labor Statistics
shall jointly prepare and submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee
on Education and the Workforce of the House of Representatives
a report on the results of that survey.
(2) Required information.--The report under this subsection
shall include, at minimum--
(A) information about the extent to which
individuals experience prohibited harassment in
employment on the basis of sex (including sexual
orientation, gender identity, sex stereotype, sex
characteristics, and pregnancy, childbirth, or related
medical conditions), race, color, religion, national
origin, age, disability, genetic information, and
uniformed service status, and information about the
interaction of different characteristics that may be
the basis of harassment in employment;
(B) information about the prevalence of each such
form of prohibited harassment in employment,
disaggregated by industry and salary level, including
across all wage bands; and
(C) an analysis of the economic impacts of
prohibited harassment.
(3) Disaggregation of sex-based harassment.--The report
under this subsection shall separately, and in the aggregate,
report each of the following bases of sex harassment:
(A) Sexual orientation.
(B) Gender identity.
(C) Pregnancy.
(D) Childbirth.
(E) A medical condition related to pregnancy or
childbirth.
(F) A sex stereotype.
(G) Sexual in nature.
(4) Public availability.--The report shall be made publicly
available on the websites of the Bureau of the Census, the
Commission, and the Bureau of Labor Statistics.
(d) Authorization of Appropriations.--There are authorized to be
appropriated for the Bureau of the Census to carry out this section
such sums as may be necessary for each fiscal year the national
prevalence survey is to be administered under subsection (a) or the
report is to be submitted under subsection (c).
SEC. 112. STUDY AND REPORT ON HARASSMENT IN THE FEDERAL GOVERNMENT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and not less than once every 3 years thereafter, the Merit
Systems Protection Board shall prepare and submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the Committee
on Education and the Workforce of the House of Representatives a report
containing the following information:
(1) The prevalence of specific behaviors associated with
prohibited harassment in employment among Federal employees,
including information about such behaviors disaggregated by
each wage band.
(2) The impact of prohibited harassment in employment and
violations of Federal civil rights laws on the Federal
Government, in terms of monetary costs, attrition, and morale.
(3) The particular impact of prohibited harassment in
employment on the experience of Federal employees with
disabilities.
(4) Working in coordination with the Commission's Office of
Federal Operations, a description of the differences in Federal
agency policies, strategies, reporting mechanisms, training
programs, and other practices regarding preventing and
addressing prohibited harassment in employment.
(5) A description of which policies, strategies, reporting
mechanisms, training programs, and other practices described in
paragraph (4) have prevented, addressed, or reduced prohibited
harassment in employment.
(6) Working in coordination with the Commission's Office of
Federal Operations, joint recommendations from such Office and
the Merit Systems Protection Board to Federal agencies on how
to prevent and address prohibited harassment in employment.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Merit Systems Protection Board such sums as may be
necessary to carry out this section.
SEC. 113. STUDIES, REPORTS, AND FURTHER RESEARCH.
(a) Study and Report on Enforcement of Nondiscrimination Laws
Prohibiting Harassment Laws.--Not later than 1 year after the date of
enactment of this Act, the United States Commission on Civil Rights
shall prepare and submit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Education and the
Workforce of the House of Representatives a report that shall examine
enforcement of the nondiscrimination laws prohibiting harassment
including--
(1) trends in enforcement of such laws;
(2) barriers to effective enforcement of such laws;
(3) best practices in enforcement of such laws;
(4) recommendations about how to improve enforcement of
such laws, including whether establishing individual liability
for harassment in employment would improve enforcement of such
laws; and
(5) how the experience of harassment for employees and
individuals required to be afforded protections under section
301 has changed over time since the passage of such laws.
(b) Study and Report on Prevention of Harassment in Employment.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Director of the National Institutes
of Health shall seek to enter into an agreement with the
National Academies of Sciences, Engineering, and Medicine,
through which the National Academies of Sciences, Engineering,
and Medicine shall conduct a study on preventing and addressing
prohibited harassment in employment.
(2) Contents.--Such study shall include--
(A) an evaluation of the existing research of the
causes of prohibited harassment in employment,
including retaliation related to such harassment, and
gaps in such research;
(B) a review of the existing research regarding how
prohibited harassment in employment impacts
individuals;
(C) an evaluation of the existing research on
training to prevent prohibited harassment in
employment, including essential components of effective
training to prevent such prohibited harassment,
including retaliation, and gaps in such research;
(D) an assessment of the efficacy and availability
of training models and programs to prevent prohibited
harassment in employment;
(E) the identification of employment or societal
factors that increase the likelihood of prohibited
harassment in employment, particularly across
industries with a high number of individuals who are
vulnerable to experiencing such prohibited harassment,
including whether diversity in leadership positions
within an organization reduces the likelihood of such
prohibited harassment;
(F) an examination of methods of inducing, scaling,
and sustaining institutional or organizational change
to prevent prohibited harassment in employment;
(G) an analysis of policies, strategies, and
practices that have been the most successful in
preventing and addressing prohibited harassment in
employment; and
(H) any other information or analysis necessary to
identify the gaps in research and other measures
described in subsection (c).
(3) Report.--Through an agreement under paragraph (1), not
later than 1 year after the date of enactment of this Act, the
National Academies of Sciences, Engineering, and Medicine shall
prepare and submit to the Committee on Health, Education,
Labor, and Pensions of the Senate, the Committee on Education
and the Workforce of the House of Representatives, and the
Director of the National Institutes of Health, a report
containing the results of the study conducted under this
subsection and make recommendations to Congress, executive
branch agencies, private employers, and researchers. Such
recommendations shall include ways that such training to
prevent prohibited harassment in employment could be improved
to result in behavioral and cultural changes that prevent and
reduce behaviors associated with prohibited harassment in
employment. The report and recommendations under this paragraph
shall be made publicly available.
(c) Supporting Further Research on Preventing and Understanding
Harassment in Employment.--
(1) In general.--Not later than 6 months after the
submission of the report under subsection (b)(3), the Director
of the National Institutes of Health, in consultation with the
Commission and the Secretary of Labor, shall enter into
agreements (including through the use of grants, contracts,
cooperative agreements, or other transactions) to support
research regarding--
(A) the gaps identified in such report in research
on the causes of prohibited harassment in employment,
including retaliation related to such harassment;
(B) the gaps identified in such report in research
on the psychological sequelae of prohibited harassment
in employment, including retaliation related to such
harassment;
(C) gaps identified in such report in research on
special populations and the risk for prohibited
harassment in employment, including retaliation related
to such harassment, including such research with
respect to special populations, including adolescents,
older individuals, racial and ethnic minorities,
individuals with disabilities, women, and other
populations that could be disproportionately affected
by such prohibited harassment in employment, and
retaliation related to such harassment;
(D) gaps identified in such report in research on
prohibited harassment in employment, including
retaliation related to such harassment, as a risk
factor for various mental health problems;
(E) gaps identified in such report in research on
sociocultural correlations within prohibited harassment
in employment, including retaliation related to such
harassment; and
(F) systematic and quantifiable measures to
evaluate prevention strategies for victims and
perpetrators of prohibited harassment in employment,
including retaliation related to such harassment.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the National Institutes of Health to
carry out this subsection such sums as may be necessary.
Subtitle C--Preventing Harassment of Tipped Employees
SEC. 121. TIPPED EMPLOYEES.
(a) Base Minimum Wage for Tipped Employees and Tips Retained by
Employees.--Section 3(m)(2)(A)(i) of the Fair Labor Standards Act of
1938 (29 U.S.C. 203(m)(2)(A)(i)) is amended to read as follows:
``(i) the cash wage paid such employee,
which for purposes of such determination shall
be not less than--
``(I) for the 1-year period
beginning on the effective date under
subsection (e), $3.60 an hour;
``(II) for each succeeding 1-year
period until the hourly wage under this
clause equals the wage in effect under
section 6(a)(1) for such period, an
hourly wage equal to the amount
determined under this clause for the
preceding year, increased by the lesser
of--
``(aa) $1.50; or
``(bb) the amount necessary
for the wage in effect under
this clause to equal the wage
in effect under section 6(a)(1)
for such period, rounded up to
the nearest multiple of $0.05;
and
``(III) for each succeeding 1-year
period after the increase made pursuant
to subclause (II), the minimum wage in
effect under section 6(a)(1); and''.
(b) Tips Retained by Employees.--Section 3(m)(2)(A) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)) is amended--
(1) in the second sentence of the matter following clause
(ii), by striking ``of this subsection, and all tips received
by such employee have been retained by the employee'' and
inserting ``of this subsection. Any employee shall have the
right to retain any tips received by such employee''; and
(2) by adding at the end the following: ``An employer shall
inform each employee of the right and exception provided under
the preceding sentence.''.
(c) Publication of Notice.--Section 6 of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206) is amended by adding at the end the
following:
``(h) Not later than 60 days prior to the effective date of any
increase in the required wage determined in accordance with subclause
(II) or (III) of section 3(m)(2)(A)(i), the Secretary shall publish in
the Federal Register and on the website of the Department of Labor a
notice announcing each increase in such required wage.''.
(d) Scheduled Repeal of Separate Minimum Wage for Tipped
Employees.--
(1) Tipped employees.--Section 3(m)(2)(A) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)), as amended by
subsections (a) and (b), is further amended by striking the
sentence beginning with ``In determining the wage an employer
is required to pay a tipped employee,'' and all that follows
through ``of this subsection.'' and inserting ``The wage
required to be paid to a tipped employee shall be the wage set
forth in section 6(a)(1).''.
(2) Publication of notice.--Section 6 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206), as amended by subsection
(c), is further amended by striking subsection (h).
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall take effect on the date that is one day after the
date on which the hourly wage under subclause (III) of section
3(m)(2)(A)(i) of the Fair Labor Standards Act of 1938 (29
U.S.C. 203(m)(2)(A)(i)), as amended by subsection (a), takes
effect.
(e) Effective Date.--Except as provided in subsection (d)(3), this
section and the amendments made by this section shall take effect on
the first day of the third month that begins after the date of
enactment of this Act.
TITLE II--STRENGTHENING WORKPLACE RIGHTS
SEC. 201. CLARIFYING SEXUAL ORIENTATION DISCRIMINATION AND GENDER
IDENTITY DISCRIMINATION ARE UNLAWFUL SEX DISCRIMINATION.
(a) Employment.--
(1) Rules of construction.--Title VII of the Civil Rights
Act of 1964 is amended by inserting after section 701 (42
U.S.C. 2000e) the following:
``SEC. 701A. RULES OF CONSTRUCTION.
``Section 1106 shall apply to this title except that for purposes
of that application, a reference in that section to an `unlawful
practice' shall be considered to be a reference to an `unlawful
employment practice'.''.
(2) Unlawful employment practices.--Section 703 of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-2) is amended--
(A) in the section header, by striking ``sex,'' and
inserting ``sex (including sexual orientation, gender
identity, sex stereotype, sex characteristics, and
pregnancy, childbirth, or related medical
conditions),'';
(B) except in subsection (e), by striking ``sex,''
each place it appears and inserting ``sex (including
sexual orientation, gender identity, sex stereotype,
sex characteristics, and pregnancy, childbirth, or
related medical conditions),'';
(C) in subsection (e)(1), by striking
``enterprise,'' and inserting ``enterprise, if, in a
situation in which sex is a bona fide occupational
qualification, individuals are recognized as qualified
in accordance with their gender identity,''; and
(D) in subsection (h), by striking ``sex'' the
second place it appears and inserting ``sex (including
sexual orientation, gender identity, sex stereotype,
sex characteristics, and pregnancy, childbirth, or
related medical conditions),''.
(3) Other unlawful employment practices.--Section 704(b) of
the Civil Rights Act of 1964 (42 U.S.C. 2000e-3(b)) is
amended--
(A) by striking ``sex,'' the first place it appears
and inserting ``sex (including sexual orientation,
gender identity, sex stereotype, sex characteristics,
and pregnancy, childbirth, or related medical
conditions),''; and
(B) by striking ``employment.'' and inserting
``employment, if, in a situation in which sex is a bona
fide occupational qualification, individuals are
recognized as qualified in accordance with their gender
identity.''.
(4) Claims.--Section 706(g)(2)(A) of the Civil Rights Act
of 1964 (2000e-5(g)(2)(A)) is amended by striking ``sex,'' and
inserting ``sex (including sexual orientation, gender identity,
sex stereotype, sex characteristics, and pregnancy, childbirth,
or related medical conditions),''.
(5) Employment by federal government.--Section 717 of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-16) is amended--
(A) in subsection (a), by striking ``sex,'' and
inserting ``sex (including sexual orientation, gender
identity, sex stereotype, sex characteristics, and
pregnancy, childbirth, or related medical
conditions),''; and
(B) in subsection (c), by striking ``sex'' and
inserting ``sex (including sexual orientation, gender
identity, sex stereotype, sex characteristics, and
pregnancy, childbirth, or related medical
conditions),''.
(6) Government employee rights act of 1991.--The Government
Employee Rights Act of 1991 (42 U.S.C. 2000e-16a et seq.) is
amended--
(A) in section 301(b), by striking ``sex,'' and
inserting ``sex (including sexual orientation, gender
identity, sex stereotype, sex characteristics, and
pregnancy, childbirth, or related medical
conditions),'';
(B) in section 302(a)(1), by striking ``sex,'' and
inserting ``sex (including sexual orientation, gender
identity, sex stereotype, sex characteristics, and
pregnancy, childbirth, or related medical
conditions),''; and
(C) by adding at the end the following:
``SEC. 305. RULES OF CONSTRUCTION AND CLAIMS.
``Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964
shall apply to this title except that for purposes of that application,
a reference in that section 1106 to `race, color, religion, sex
(including sexual orientation, gender identity, sex stereotype, sex
characteristics, and pregnancy, childbirth, or related medical
conditions), or national origin' shall be considered to be a reference
to `race, color, religion, sex (including sexual orientation, gender
identity, sex stereotype, sex characteristics, and pregnancy,
childbirth, or related medical conditions), national origin, age, or
disability'.''.
(7) Congressional accountability act of 1995.--The
Congressional Accountability Act of 1995 (2 U.S.C. 1301 et
seq.) is amended--
(A) in section 201(a)(1) (2 U.S.C. 1311(a)(1)) by
striking ``sex,'' and inserting ``sex (including sexual
orientation, gender identity, sex stereotype, sex
characteristics, and pregnancy, childbirth, or related
medical conditions),''; and
(B) by adding at the end of title II (42 U.S.C.
1311 et seq.) the following:
``SEC. 209. RULES OF CONSTRUCTION AND CLAIMS.
``Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964
shall apply to section 201 (and remedial provisions of this Act related
to section 201) except that for purposes of that application, a
reference in that section 1106 to `race, color, religion, sex
(including sexual orientation, gender identity, sex stereotype, sex
characteristics, and pregnancy, childbirth, or related medical
conditions), or national origin' shall be considered to be a reference
to `race, color, religion, sex (including sexual orientation, gender
identity, sex stereotype, sex characteristics, and pregnancy,
childbirth, or related medical conditions), national origin, age, or
disability'.''.
(8) Civil service reform act of 1978.--Chapter 23 of title
5, United States Code, is amended--
(A) in section 2301(b)(2), by striking ``sex,'' and
inserting ``sex (including sexual orientation, gender
identity, sex stereotype, sex characteristics, and
pregnancy, childbirth, or related medical
conditions),'';
(B) in section 2302--
(i) in subsection (b)(1)(A), by striking
``sex,'' and inserting ``sex (including sexual
orientation, gender identity, sex stereotype,
sex characteristics, and pregnancy, childbirth,
or related medical conditions),''; and
(ii) in subsection (d)(1), by striking
``sex,'' and inserting ``sex (including sexual
orientation, gender identity, sex stereotype,
sex characteristics, and pregnancy, childbirth,
or related medical conditions),''; and
(C) by adding at the end the following:
``SEC. 2307. RULES OF CONSTRUCTION AND CLAIMS.
``Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964
shall apply to this chapter (and remedial provisions of this title
related to this chapter) except that for purposes of that application,
a reference in that section 1106 to `race, color, religion, sex
(including sexual orientation, gender identity, sex stereotype, sex
characteristics, and pregnancy, childbirth, or related medical
conditions), or national origin' shall be considered to be a reference
to `race, color, religion, sex (including sexual orientation, gender
identity, sex stereotype, sex characteristics, and pregnancy,
childbirth, or related medical conditions), national origin, age,
disability, marital status, or political affiliation'.''.
(b) Miscellaneous.--Title XI of the Civil Rights Act of 1964 is
amended--
(1) by redesignating sections 1101 through 1104 (42 U.S.C.
2000h et seq.) and sections 1105 and 1106 (42 U.S.C. 2000h-5,
2000h-6) as sections 1102 through 1105 and sections 1108 and
1109, respectively;
(2) by inserting after the title heading the following:
``SEC. 1101. DEFINITIONS AND RULES.
``(a) Definitions.--In title VII:
``(1) Race; color; religion; sex; sexual orientation;
gender identity; national origin.--The term `race', `color',
`religion', `sex', or `national origin', used with respect to
an individual, includes--
``(A) the race, color, religion, sex (including
sexual orientation, gender identity, sex stereotype,
sex characteristics, and pregnancy, childbirth, or
related medical conditions), or national origin,
respectively, of another person with whom the
individual is associated or has been associated; and
``(B) a perception or belief, even if inaccurate,
concerning the race, color, religion, sex (including
sexual orientation, gender identity, sex stereotype,
sex characteristics, and pregnancy, childbirth, or
related medical conditions), or national origin,
respectively, of the individual.
``(2) Gender identity.--The term `gender identity' means
the gender-related identity, appearance, mannerisms, or other
gender-related characteristics of an individual, regardless of
the individual's designated sex at birth.
``(3) Including.--The term `including' means including, but
not limited to, consistent with the term's standard meaning in
Federal law.
``(4) Sexual orientation.--The term `sexual orientation'
means homosexuality, heterosexuality, or bisexuality.
``(b) Rules.--In title VII--
``(1) with respect to sex, an individual's pregnancy,
childbirth, or related medical condition shall not receive less
favorable treatment than other physical conditions; and
``(2) with respect to gender identity, an individual shall
not be denied access to a shared facility, including a
restroom, a locker room, and a dressing room, that is in
accordance with the individual's gender identity.''; and
(3) by inserting after section 1105 the following:
``SEC. 1106. RULES OF CONSTRUCTION.
``(a) Sex.--Nothing in section 1101 or the provisions of title VII
incorporating a term defined or a rule specified in that section shall
be construed--
``(1) to limit the protection against an unlawful practice
on the basis of pregnancy, childbirth, a medical condition
related to pregnancy or childbirth provided by section 701(k);
or
``(2) to limit the protection against an unlawful practice
on the basis of sex available under any provision of Federal
law other than title VII, prohibiting a practice on the basis
of sex, including under the Pregnant Workers Fairness Act (42
U.S.C. 2000gg et seq.).
``(b) Claims and Remedies Not Precluded.--Nothing in section 1101
or title VII shall be construed to limit the claims or remedies
available to any individual for an unlawful practice on the basis of
race, color, religion, sex (including sexual orientation, gender
identity, sex stereotype, sex characteristics, and pregnancy,
childbirth, or related medical conditions), or national origin
including claims brought pursuant to section 1979 or 1980 of the
Revised Statutes (42 U.S.C. 1983, 1985) or any other law, including a
Federal law amended by the BE HEARD in the Workplace Act, regulation,
or policy, and including the Pregnant Workers Fairness Act (42 U.S.C.
2000gg et seq.).
``(c) No Negative Inference.--Nothing in section 1101 or title VII
shall be construed to support any inference that any Federal law
prohibiting a practice on the basis of sex (including the Pregnant
Workers Fairness Act (42 U.S.C. 2000gg et seq.)), does not prohibit
discrimination on the basis of gender identity, sex stereotype, and
pregnancy, childbirth, or related medical conditions.
``SEC. 1107. CLAIMS.
``The Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb
et seq.) shall not provide a claim concerning, or a defense to a claim
under, title VII, or provide a basis for challenging the application or
enforcement of title VII.''.
SEC. 202. COVERED EMPLOYERS.
Section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b))
is amended by striking ``fifteen'' and inserting ``one''.
SEC. 203. COMPENSATORY AND PUNITIVE DAMAGES AVAILABLE.
(a) Civil Rights; Disability.--
(1) In general.--Section 1977A of the Revised Statutes (42
U.S.C. 1981a(b)) is amended--
(A) in subsection (b), by striking paragraph (3)
and inserting the following:
``(3) Losses.--Compensatory damages are available under
this section for future pecuniary losses, emotional pain,
suffering, inconvenience, mental anguish, loss of enjoyment of
life, and other nonpecuniary losses.''; and
(B) in subsection (c)--
(i) by striking paragraph (2);
(ii) by striking ``this section'' and all
that follows through ``party'' and inserting
``this section, any party''; and
(iii) by striking ``; and'' and inserting a
period.
(2) Conforming amendments.--
(A) Section 201(b) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1311(b)) is
amended, in paragraphs (1)(B) and (3)(B)--
(i) by striking ``and, irrespective of the
size of the employing office, 1977A(b)(3)(D)''
and inserting ``and 1977A(b)(3)''; and
(ii) by striking ``and 1981a(b)(3)(D)'' and
inserting ``and 1981a(b)(3)''.
(B) Section 411(b) of title 3, United States Code,
is amended, in paragraphs (1)(B) and (3)(B), by
striking ``and, irrespective of the size of the
employing office, 1977A(b)(3)(D)'' and inserting ``and
1977A(b)(3)''.
(C) Section 207 of the Genetic Information
Nondiscrimination Act of 2008 (42 U.S.C. 2000ff-16) is
amended, in paragraph (3) of each of subsections (a)
through (e), by striking ``, including the limitations
contained in subsection (b)(3) of such section
1977A,''.
(b) Age.--Section 7(b) of the Age Discrimination in Employment Act
of 1967 (29 U.S.C. 626(b)) is amended--
(1) by striking ``(b) The'' and all that follows through
the third sentence and inserting the following:
``(b)(1) Except as otherwise provided in another subsection of this
section, or section 9, the powers, remedies, and procedures set forth
in sections 705, 706, 707, 709, and 710 of the Civil Rights Act of 1964
(42 U.S.C. 2000e-4, 2000e-5, 2000e-6, 2000e-8, and 2000e-9) shall be
the powers, remedies, and procedures this Act provides to the
Commission, to the Attorney General, or to any person alleging
discrimination on the basis of age in violation of section 4, or
regulations promulgated under section 9.''; and
(2) in the second sentence of that subsection (b), as
amended by paragraph (1), by striking ``or enforcing the
liability for amounts deemed to be unpaid minimum wages or
unpaid overtime compensation under this section'' and inserting
``and including any type of legal or equitable relief available
under title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.)''.
SEC. 204. DISCRIMINATION, INCLUDING HARASSMENT; STANDARDS OF PROOF.
(a) Findings.--Congress finds that--
(1) harassment is a persistent and significant problem in
the workplace in the United States;
(2) workers are harassed because of their sex (including
sexual orientation, gender identity, sex stereotype, sex
characteristics, and pregnancy, childbirth, or related medical
conditions), race, color, religion, national origin, age,
disability, genetic information, and uniformed services status;
(3) Congress enacted title VII of the Civil Rights Act of
1964 intending to provide broad protection from many forms of
bias in the workplace;
(4) the Supreme Court has recognized in City of Los Angeles
Department of Water and Power v. Manhart, 435 U.S. 702 (1978),
that the protection against sex discrimination in the terms,
conditions, or privileges of employment under title VII of the
Civil Rights Act of 1964 reflects Congress' intent to ``strike
at the entire spectrum'' of sex-based discrimination in
employment;
(5) in 1980, the Equal Employment Opportunity Commission
(referred to in this section as ``the Commission'') amended its
Guidelines on Discrimination Because of sex (referred to in
this section as ``the Guidelines'') to specify that sexual
harassment is a form of sex discrimination prohibited by title
VII of the Civil Rights Act of 1964;
(6) in the Guidelines, the Commission explained that
harassing conduct is unlawful where--
(A) ``submission to such conduct is made either
explicitly or implicitly a term or condition of an
individual's employment'';
(B) ``submission to or rejection of such conduct by
an individual is used as the basis for employment
decisions''; or
(C) the conduct ``has the purpose or effect of
unreasonably interfering with an individual's work
performance or creating an intimidating, hostile, or
offensive working environment'';
(7) the Commission further explained that, with respect to
the evidence required to support a finding of unlawful
harassment, it ``will look at the record as a whole and at the
totality of the circumstances, such as the nature of the sexual
advances and the context in which the alleged incidents
occurred'' and emphasized that the ``determination of the
legality of a particular action will be made from the facts, on
a case by case basis'';
(8) six years later, the Supreme Court in Meritor Savings
Bank v. Vinson, 477 U.S. 57 (1986), recognized that the
protections under title VII of the Civil Rights Act of 1964 are
not limited to discrimination that causes ``economic'' or
``tangible'' loss, and held that the phrase ``terms,
conditions, or privileges of employment'' in title VII of such
Act is an ``expansive concept that sweeps within its protective
ambit'' the practice of creating a hostile work environment
based on discrimination in the form of harassment;
(9) in reaching this conclusion in the Meritor decision,
the Supreme Court cited and approved the Guidelines;
(10) in the Meritor decision, the Supreme Court cited with
approval lower court decisions that concluded that a hostile
work environment based on race, religion, or national origin
violates the prohibition of discrimination in the terms,
conditions, or privileges of employment under title VII of the
Civil Rights Act of 1964, which decisions included--
(A) Rogers v. EEOC, 454 F.2d 234 (5th Cir. 1971);
(B) Firefighters Institute for Racial Equality v.
City of St. Louis, 549 F.2d 506 (8th Cir. 1977);
(C) Gray v. Greyhound Lines, 545 F.2d 169 (D.C.
Cir. 1976);
(D) Compston v. Borden, Inc., 424 F. Supp. 157
(S.D. Ohio 1976); and
(E) Cariddi v. Kansas City Chiefs Football Club,
Inc., 568 F.2d 87 (8th Cir. 1977);
(11) in defining the evidence required to prove a violation
of title VII of the Civil Rights Act of 1964, in the Meritor
decision, the Supreme Court noted that harassment would be
actionable when it is ``sufficiently severe or pervasive `to
alter the conditions of [the victim's] employment and create an
abusive working environment''' (quoting Rogers v. EEOC, 454
F.2d 234 (5th Cir. 1971));
(12) in Harris v. Forklift Systems, Inc., 510 U.S. 17
(1993), the Supreme Court clarified that harassment need not
seriously affect an employee's psychological well-being or lead
the employee to suffer injury in order to be unlawful, but
rather, need merely create a work environment that a reasonable
person in the protected class would find hostile or abusive;
(13) in Harris v. Forklift Systems, Inc., the Supreme Court
held that whether a work environment is unlawfully hostile or
abusive does not depend on any mathematically precise test, but
rather, is to be determined by looking at all of the
circumstances, with no single factor required;
(14) in National Railroad Passenger Corp. v. Morgan, 536
U.S. 101 (2002), the Supreme Court reaffirmed the Harris
decision and further held that the hostility or abusiveness of
each harassing act should be considered in the aggregate, not
in isolation, regardless of whether such acts occur over days
or even years;
(15) notwithstanding the rulings of the Supreme Court
specified in this subsection, some lower court decisions have
treated harassing conduct's severity or pervasiveness as the
only 2 relevant factors in evaluating whether such conduct
violates title VII of the Civil Rights Act of 1964;
(16) some lower court decisions have treated ``severe or
pervasive'' as a threshold for liability, when the relevant
inquiry is whether the harassing conduct actually altered the
terms, conditions, or privileges of employment;
(17) some lower court decisions further have interpreted
the ``severe or pervasive'' language in the Meritor decision so
narrowly as to recognize only the most egregious conduct as
unlawful, despite Congress' intent that title VII of the Civil
Rights Act of 1964 afford a broad scope of protection from
discrimination;
(18) examples of decisions that use the erroneous analysis
described in paragraphs (15) through (17) in the context of
harassment on the basis of sex include--
(A) Singleton v. Department of Correctional
Education, 115 Fed. Appx. 119 (4th Cir. 2004);
(B) Black v. Zaring Homes, Inc., 104 F.3d 822 (6th
Cir. 1997);
(C) Weiss v. Coca-Cola Bottling Co., 990 F.2d 333
(7th Cir. 1993);
(D) Rickard v. Swedish Match North America, Inc.,
773 F.3d 181 (8th Cir. 2014);
(E) Mitchell v. Pope, 189 F. Appx. 911 (11th Cir.
2006); and
(F) Brooks v. City of San Mateo, 229 F.3d 917 (9th
Cir. 2000);
(19) lower courts have made similar erroneous decisions in
the context of harassment on the basis of race, national
origin, age, and disability such as in Crawford v. Medina
General Hospital, 96 F.3d 830 (6th Cir. 1996), Shaver v.
Independent Stave Co., 350 F.3d 716 (8th Cir. 2003), and Motley
v. Parker-Hannifan Corp., No. 1: 94-CV-639 (W.D. Mich. 1995);
(20) in contrast, other lower court decisions applying the
Meritor case and its progeny have appropriately recognized that
a wide range of harassing behavior may alter the terms,
conditions, or privileges of employment, with no single type,
frequency, or duration of conduct required to make a showing of
severe or pervasive harassment;
(21) for example, in the context of harassment based on
sex, those decisions have recognized that--
(A) conduct need not be physical to create a
hostile or abusive work environment, as in Billings v.
Town of Grafton, 515 F.3d 39 (1st Cir. 2008);
(B) an individual need not be the target of
sexually demeaning conduct in order to experience
unlawful harassment, as in Petrosino v. Bell Atlantic,
385 F.3d 210 (2d Cir. 2004);
(C) power disparities, such as the young age of the
individual harassed, compound the conduct's harmful
effects, as in EEOC v. R&R Ventures, 244 F.3d 334 (4th
Cir. 2001);
(D) gender-based epithets were based on sex and
supported a finding that the workplace was objectively
hostile, as in Gallagher v. C.H. Robinson Worldwide,
Inc., 567 F.3d 263 (6th Cir. 2009); and
(E) a single incident can alter the terms,
conditions, or privileges of employment, as in Howley
v. Town of Stratford, 217 F.3d 141 (2d Cir. 2000);
(22) similarly, in the context of harassment based on other
protected characteristics, other courts have appropriately held
that--
(A) calling an individual an ``old man'' and
``pops'' could contribute to actionably hostile work
environment based on age, as in Dediol v. Best
Chevrolet, Inc., 655 F.3d 435 (5th Cir. 2011);
(B) repeatedly calling an individual with mental
illness ``crazy'' and stating that the individual is a
threat to security is sufficient to support a finding
of a hostile work environment based on disability, as
in Quiles-Quiles v. Henderson, 439 F.3d 1 (1st Cir.
2006); and
(C) a single incident of calling an African-
American individual the ``n word'' by a supervisor is
sufficient to support a finding of a hostile work
environment based on race, as in Rodgers v. Western-
Southern Life Insurance Co., 12 F.3d 668 (7th Cir.
1993); and
(23) similar erroneous decisions have been rendered in the
context of harassment on the basis of sex in employment under
title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et
seq.), as in Farmer v. Troy University, No. 5:17-CV-70-B0
(E.D.N.C. 2017).
(b) Purposes.--The purposes of this section are to--
(1) enact into statutory law provisions that establish that
workplace harassment is a violation of the--
(A) protections from discrimination in the ``terms,
conditions, or privileges of employment'' found in
title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.);
(B) protections from disability discrimination
found in title I of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12111 et seq.) and sections 501 and
505 of the Rehabilitation Act of 1973 (29 U.S.C. 791,
794a);
(C) protections from age discrimination found in
the Age Discrimination in Employment Act of 1967 (29
U.S.C. 621 et seq.);
(D) protections from genetic information
discrimination found in title II of the Genetic
Information Nondiscrimination Act of 2008 (42 U.S.C.
2000ff et seq.); and
(E) protections from uniformed services status
discrimination found in section 4311 of title 38,
United States Code; and
(2) establish a liability standard for workplace harassment
that fulfills Congress' intent of providing broad protection
from discrimination in employment on the basis of race, color,
religion, sex (including sexual orientation, gender identity,
sex stereotype, sex characteristics, and pregnancy, childbirth,
or related medical conditions), national origin, age,
disability, genetic information, and uniformed services status.
(c) Enacting Into Statutory Law Provisions Establishing Workplace
Harassment as an Unlawful Employment Practice.--
(1) Civil rights act of 1964.--Section 703 of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-2) is amended by adding at
the end the following:
``(o)(1)(A) In this subsection, the term `workplace harassment'
means conduct based on race, color, religion, sex (including sexual
orientation, gender identity, sex stereotype, sex characteristics, and
pregnancy, childbirth, or related medical conditions), or national
origin, regardless of whether it is direct or indirect, or verbal or
nonverbal, that unreasonably alters an individual's terms, conditions,
or privileges of employment, including by creating an intimidating,
hostile, or offensive work environment.
``(B)(i) In this subsection, the term also means sexual harassment,
which is conduct that takes place in a circumstance described in clause
(ii) and that takes the form of--
``(I) a sexual advance;
``(II) a request for sexual favors; or
``(III) any other conduct of a sexual nature.
``(ii) A circumstance described in this clause is a situation in
which--
``(I) submission to the conduct involved is made either
explicitly or implicitly a term or condition of employment;
``(II) submission to or rejection of such conduct is used
as the basis for an employment decision affecting an
individual's employment; or
``(III) such conduct unreasonably alters an individual's
terms, conditions, or privileges of employment, including by
creating an intimidating hostile, or offensive work
environment.
``(2) It shall be an unlawful employment practice under subsection
(a) to engage in workplace harassment.
``(3) In determining, for purposes of this subsection, whether
conduct constitutes workplace harassment because the conduct
unreasonably alters an individual's terms, conditions, or privileges of
employment, including by creating an intimidating, hostile, or
offensive work environment, the following rules shall apply:
``(A) That determination shall be made on the basis of the
record as a whole, according to the totality of the
circumstances. A single incident may constitute workplace
harassment.
``(B) Incidents that may be workplace harassment shall be
considered in the aggregate, with--
``(i) conduct of varying types (such as expressions
of sex-based hostility, requests for sexual favors, and
denial of employment opportunities due to sexual
orientation) viewed in totality, rather than in
isolation; and
``(ii) conduct based on multiple protected
characteristics (such as sex and race) viewed in
totality, rather than in isolation.
``(C) The factors specified in this subparagraph are among
the factors to be considered in determining whether conduct
constitutes workplace harassment and are not meant to be
exhaustive. No one of those factors shall be considered to be
determinative in establishing whether conduct constitutes
workplace harassment. Such factors are each of the following:
``(i) The frequency of the conduct.
``(ii) The duration of the conduct.
``(iii) The location where the conduct occurred.
``(iv) The number of individuals engaged in the
conduct.
``(v) The nature of the conduct, which may include
physical, verbal, pictorial, or visual conduct, and
conduct that occurs in person or is transmitted, such
as electronically.
``(vi) Whether the conduct is threatening.
``(vii) Any power differential between the alleged
harasser and the person allegedly harassed.
``(viii) Any use of epithets, slurs, or other
conduct that is humiliating or degrading.
``(ix) Whether the conduct reflects stereotypes
about individuals in the protected class involved.
``(4) In determining, for purposes of this subsection, whether
conduct constitutes workplace harassment, conduct may be workplace
harassment regardless of whether, for example--
``(A) the complaining party is not the individual being
harassed;
``(B) the complaining party acquiesced or otherwise
submitted to, or participated in, the conduct;
``(C) the conduct is also experienced by others outside the
protected class involved;
``(D) the complaining party was able to continue carrying
out duties and responsibilities of the party's job despite the
conduct;
``(E) the conduct did not cause a tangible injury or
psychological injury; or
``(F) the conduct occurred outside of the workplace.''.
(2) Americans with disabilities act of 1990.--Section
102(b) of the Americans with Disabilities Act (42 U.S.C.
12112(b)) is amended--
(A) in paragraph (6), by striking ``and'' at the
end;
(B) in paragraph (7), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(8) engaging in workplace harassment, which is conduct
based on disability, regardless of whether it is direct or
indirect, or verbal or nonverbal, that--
``(A) unreasonably alters an individual's terms,
conditions, or privileges of employment, including by
creating an intimidating, hostile, or offensive work
environment; and
``(B) is determined to be such harassment in
accordance with paragraphs (3) and (4) of section
703(o) of the Civil Rights Act of 1964 (42 U.S.C.
2000e-2(o)).''.
(3) Rehabilitation act of 1973.--Section 501(f) of the
Rehabilitation Act of 1973 (29 U.S.C. 791(f)) is amended by
inserting ``, including section 102(b) of that Act (42 U.S.C.
12112(b))'', before ``and the provisions''.
(4) Age discrimination in employment act.--Section 4 of the
Age Discrimination in Employment Act of 1967 (29 U.S.C. 623) is
amended by adding at the end the following:
``(n) It shall be unlawful under subsection (a) to engage in
workplace harassment, which is conduct based on age, regardless of
whether it is direct or indirect, or verbal or nonverbal, that--
``(1) unreasonably alters an individual's terms,
conditions, or privileges of employment, including by creating
an intimidating, hostile, or offensive work environment; and
``(2) is determined to be such harassment in accordance
with paragraphs (3) and (4) of section 703(o) of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-2(o)).''.
(5) Genetic information nondiscrimination act of 2008.--
Section 202 of the Genetic Information Nondiscrimination Act of
2008 (42 U.S.C. 2000ff-1) is amended by adding at the end the
following:
``(d) Workplace Harassment.--It shall be an unlawful employment
practice under subsection (a) to engage in workplace harassment, which
is conduct based on genetic information, regardless of whether it is
direct or indirect, or verbal or nonverbal, that--
``(1) unreasonably alters an individual's terms,
conditions, or privileges of employment, including by creating
an intimidating, hostile, or offensive work environment; and
``(2) is determined to be such harassment in accordance
with paragraphs (3) and (4) of section 703(o) of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-2(o)).''.
(6) Chapter 43 of title 38, united states code.--Section
4311 of title 38, United States Code, is amended by adding at
the end the following:
``(e) It shall be an unlawful employment practice under subsection
(a) to engage in workplace harassment, which is conduct based on
uniformed services status (meaning the membership, application for
membership, performance of service, application for service, or
obligation, described in subsection (a)), regardless of whether it is
direct or indirect, or verbal or nonverbal, that--
``(1) unreasonably alters an individual's benefits of
employment, including by creating an intimidating, hostile, or
offensive work environment; and
``(2) is determined to be such harassment in accordance
with paragraphs (3) and (4) of section 703(o) of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-2(o)).''.
SEC. 205. CLARIFYING OTHER STANDARDS OF PROOF.
(a) Amendments to Definitions.--
(1) Americans with disabilities act of 1990.--Section 101
of the Americans with Disabilities Act of 1990 (42 U.S.C.
12111) is amended by adding at the end the following:
``(11) Demonstrates.--The term `demonstrates' means meets
the burdens of production and persuasion.''.
(2) Age discrimination in employment act of 1967.--Section
11 of the Age Discrimination in Employment Act of 1967 (29
U.S.C. 630) is amended by adding at the end the following:
``(m) The term `demonstrates' means meets the burdens of production
and persuasion.''.
(3) Genetic information nondiscrimination act of 2008.--
Section 201 of the Genetic Information Nondiscrimination Act of
2008 (42 U.S.C. 2000ff) is amended by adding at the end the
following:
``(8) Demonstrates.--The term `demonstrates' means meets
the burdens of production and persuasion.''.
(b) Clarifying Prohibition Against Impermissible Consideration in
Employment Practices.--
(1) Race, color, religion, sex, or national origin.--
Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2)
is amended by striking subsection (m) and inserting the
following:
``(m) Except as otherwise provided in this title, an unlawful
employment practice is established under this title when the
complaining party demonstrates that race, color, religion, sex
(including sexual orientation, gender identity, sex stereotype, sex
characteristics, and pregnancy, childbirth, or related medical
conditions), or national origin or an activity protected by section
704(a) was a motivating factor for any employment practice, even though
other factors also motivated the practice.''.
(2) Disability.--Section 102 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12112) is amended by adding
at the end the following:
``(e) Proof.--
``(1) Establishment.--Except as otherwise provided in this
Act, a discriminatory practice is established under this Act
when the complaining party demonstrates that disability or an
activity protected by subsection (a) or (b) of section 503 was
a motivating factor for any employment practice, even though
other factors also motivated the practice.
``(2) Demonstration.--In establishing a discriminatory
practice under paragraph (1) or by any other method of proof, a
complaining party--
``(A) may rely on any type or form of admissible
evidence and need only produce evidence sufficient for
a reasonable trier of fact to find that a
discriminatory practice occurred under this Act; and
``(B) shall not be required to demonstrate that
disability or an activity protected by subsection (a)
or (b) of section 503 was the sole cause of an
employment practice.''.
(3) Age.--Section 4 of the Age Discrimination in Employment
Act of 1967 (29 U.S.C. 623) is amended by inserting after
subsection (f) the following:
``(g)(1) Except as otherwise provided in this Act, an unlawful
practice is established under this Act when the complaining party
demonstrates that age or an activity protected by subsection (d) was a
motivating factor for any practice, even though other factors also
motivated the practice.
``(2) In establishing an unlawful practice under this Act,
including under paragraph (1) or by any other method of proof, a
complaining party--
``(A) may rely on any type or form of admissible evidence
and need only produce evidence sufficient for a reasonable
trier of fact to find that an unlawful practice occurred under
this Act; and
``(B) shall not be required to demonstrate that age or an
activity protected by subsection (d) was the sole cause of a
practice.''.
(4) Genetic information.--Section 202 of the Genetic
Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff-1),
as amended by section 204(c)(5), is further amended by adding
at the end the following:
``(e) Proof.--
``(1) Establishment.--Except as otherwise provided in this
title, an unlawful employment practice is established under
this title when the complaining party demonstrates that genetic
information or an activity protected by section 207(f) was a
motivating factor for any employment practice, even though
other factors also motivated the practice.
``(2) Demonstration.--In establishing an unlawful
employment practice under paragraph (1) or by any other method
of proof, a complaining party--
``(A) may rely on any type or form of admissible
evidence and need only produce evidence sufficient for
a reasonable trier of fact to find that an unlawful
employment practice occurred under this title; and
``(B) shall not be required to demonstrate that
genetic information or an activity protected by section
207(f) was the sole cause of an employment practice.''.
(c) Certain Retaliation Claims.--
(1) Americans with disabilities act of 1990.--Section
503(c) of the Americans with Disabilities Act of 1990 (42
U.S.C. 12203(c)) is amended--
(A) by striking ``The remedies'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2), the
remedies''; and
(B) by adding at the end the following:
``(2) Certain antiretaliation claims.--Section 107(c) shall
apply to claims under section 102(e)(1) with respect to title
I.''.
(2) Age discrimination in employment act of 1967.--Section
4(d) of the Age Discrimination in Employment Act of 1967 (29
U.S.C. 623(d)) is amended--
(A) by striking ``(d) It shall be'' and inserting
``(d)(1) It shall be''; and
(B) by adding at the end the following:
``(2) Section 7(b)(2) shall apply to claims under section
4(g)(1).''.
(3) Genetic information nondiscrimination act of 2008.--
Section 207(f) of the Genetic Information Nondiscrimination Act
of 2008 (42 U.S.C. 2000ff-6(f)) is amended--
(A) by striking ``No'' and inserting the following:
``(1) In general.--No'';
(B) in the second sentence, by striking ``The
remedies'' and inserting ``Except as provided in
paragraph (2), the remedies''; and
(C) by adding at the end the following:
``(2) Certain retaliation claims.--Subsection (g) shall
apply to claims under section 202(d)(1).''.
(d) Remedies.--
(1) Americans with disabilities act of 1990.--Section 107
of the Americans with Disabilities Act of 1990 (42 U.S.C.
12117) is amended by adding at the end the following:
``(c) Discriminatory Motivating Factor.--On a claim in which an
individual establishes a discriminatory practice under section
102(e)(1), and a respondent demonstrates that the respondent would have
taken the same action in the absence of the impermissible motivating
factor, the court--
``(1) may grant declaratory relief, injunctive relief
(except as provided in paragraph (2)), and attorney's fees and
costs demonstrated to be directly attributable only to the
pursuit of a claim under section 102(e)(1); and
``(2) shall not award damages or issue an order requiring
any admission, reinstatement, hiring, promotion, or payment.''.
(2) Age discrimination in employment act of 1967.--Section
7 of the Age Discrimination in Employment Act of 1967 (29
U.S.C. 626) is amended--
(A) in subsection (b), as amended by section
203(b)--
(i) in the second sentence, by striking
``In'' and inserting ``Subject to paragraph
(2), in'';
(ii) in the third sentence, by striking
``Before'' and inserting the following:
``(3) Before''; and
(iii) by inserting before paragraph (3), as
designated by clause (ii), the following:
``(2) On a claim in which an individual establishes an unlawful
practice under section 4(g)(1), and a respondent demonstrates that the
respondent would have taken the same action in the absence of the
impermissible motivating factor, the court--
``(A) may grant declaratory relief, injunctive relief
(except as provided in subparagraph (B)), and attorney's fees
and costs demonstrated to be directly attributable only to the
pursuit of a claim under section 4(g)(1); and
``(B) shall not award damages or issue an order requiring
any admission, reinstatement, hiring, promotion, or payment.'';
and
(B) in subsection (c)--
(i) in paragraph (1), by striking ``Any''
and inserting ``Subject to subsection (b)(2),
any''; and
(ii) in paragraph (2), by striking ``of any
issue of fact'' and all that follows through
the period and inserting ``under the same
circumstances as a trial by jury is available
under title VII of the Civil Rights Act of 1964
(42 U.S.C. 2000e et seq.).''.
(3) Genetic information nondiscrimination act of 2008.--
Section 207 of the Genetic Information Nondiscrimination Act of
2008 (42 U.S.C. 2000ff-6) is amended--
(A) by redesignating subsection (g) as subsection
(h); and
(B) by inserting after subsection (f) the
following:
``(g) Motivating Factor.--On a claim in which an individual
establishes an unlawful employment practice under section 202(e)(1),
including a claim involving an employee or applicant described in any
of subsections (a) through (e), and a respondent demonstrates that the
respondent would have taken the same action in the absence of the
impermissible motivating factor, the court or the corresponding
decisionmaker specified in subsections (a) through (e)--
``(1) may grant declaratory relief, injunctive relief
(except as provided in paragraph (2)), and attorney's fees and
costs demonstrated to be directly attributable only to the
pursuit of a claim under section 202(d)(1); and
``(2) shall not award damages or issue an order requiring
any admission, reinstatement, hiring, promotion, or payment.''.
(e) Federal Employees.--
(1) Title vii of the civil rights act of 1964.--Section 717
of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) is amended
by adding at the end the following:
``(g) Sections 703(m) and 706(g)(2)(B) shall apply to mixed motive
cases (involving practices described in section 703(m)) under this
section.''.
(2) Rehabilitation act of 1973.--The amendment made by
subsection (f) to section 501(f) of the Rehabilitation Act of
1973 (29 U.S.C. 791(f)) shall be construed to apply to all
employees covered by section 501 of that Act (29 U.S.C. 791).
(3) Age discrimination in employment act of 1967.--Section
15 of the Age Discrimination in Employment Act of 1967 (29
U.S.C. 633a) is amended--
(A) in subsection (a)--
(i) by striking ``States) in'' and
inserting ``States) shall be made free from any
discrimination based on age, in--'';
(ii) by striking ``military departments''
and inserting the following:
``(1) military departments'';
(iii) by striking ``Code, in executive
agencies'' and inserting the following: ``Code;
``(2) executive agencies'';
(iv) by striking ``funds), in the United
States Postal'' and inserting the following:
``funds);
``(3) the United States Postal'';
(v) by striking ``Commission, in those
units'' and inserting the following:
``Commission;
``(4) those units'';
(vi) by striking ``competitive service, and
in those units'' and inserting the following:
``competitive service;
``(5) those units'';
(vii) by striking ``competitive service, in
the Smithsonian'' and inserting ``competitive
service;
``(6) the Smithsonian'';
(viii) by striking ``Institution, and in
the Government'' and inserting ``Institution;
``(7) the Government'';
(ix) by striking ``Printing Office, the
General'' and inserting ``Printing Office;
``(8) the General'';
(x) by striking ``Office, and the Library''
and inserting ``Office; and
``(9) the Library''; and
(xi) by striking ``of Congress'' and all
that follows and inserting ``of Congress.'';
(B) in subsection (b), by striking the first,
second, third, fourth, and sixth sentences;
(C) in subsection (c), by striking ``Any person''
and inserting ``Notwithstanding any other provision of
this Act, any person'';
(D) by striking subsection (g) and inserting the
following:
``(g) Except as otherwise provided in another subsection of this
section, section 7, or section 9, the powers, remedies, and procedures
provided in section 717 of the Civil Rights Act of 1964 (42 U.S.C.
2000e-16) to the Commission, the Attorney General, the Librarian of
Congress, or any person, alleging a violation of that section shall be
the powers, remedies, and procedures this Act provides to the
Commission, the Attorney General, the Librarian of Congress, or any
person, respectively, alleging an unlawful employment practice in
violation of subsection (a) against an employee or applicant for
employment described in subsection (a).''; and
(E) by adding at the end the following:
``(h) Section 4(g) shall apply to mixed motive claims (involving
practices described in section 4(g)(1)) under this section.''.
(f) Additional Amendments to the Rehabilitation Act of 1973.--
Sections 501(f), 503(d), and 504(d) of the Rehabilitation Act of 1973
(29 U.S.C. 791(f), 793(d), and 794(d)), are each amended by adding
after the words ``title I of the Americans with Disabilities Act of
1990 (42 U.S.C. 12111 et seq.)'' the following: ``, including the
standards of causation and methods of proof applied under section
102(e) of that Act (42 U.S.C. 12112(e)),''.
(g) Other Government Employees.--
(1) Congressional accountability act of 1995.--Section 201
of the Congressional Accountability Act of 1995 (2 U.S.C. 1311)
is amended--
(A) in subsection (a)(2), by striking ``section 15
of the Age Discrimination in Employment Act of 1967 (29
U.S.C. 633a)'' and inserting ``sections 4(g) and 15 of
the Age Discrimination in Employment Act of 1967 (29
U.S.C. 623(g), 633a)''; and
(B) in subsection (b)--
(i) in paragraph (2)(A), by striking
``section 15(c) of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 633a(c))''
and inserting ``section 4(d)(2), paragraphs (1)
and (2) of section 7(b), and section 15(c) of
the Age Discrimination in Employment Act of
1967 (29 U.S.C. 623(d)(2), 626(b), 633a(c))'';
and
(ii) in paragraph (3)(A), by striking
``section 107(a) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12117(a))''
and inserting ``subsections (a) and (c) of
section 107, and section 503(c)(2), of the
Americans with Disabilities Act of 1990 (42
U.S.C. 12117, 12203)''.
(2) Title 3, united states code.--Section 411 of title 3,
United States Code, is amended--
(A) in subsection (a)(2), by striking ``section 15
of the Age Discrimination in Employment Act of 1967''
and inserting ``sections 4(g) and 15 of the Age
Discrimination in Employment Act of 1967''; and
(B) in subsection (b)--
(i) in paragraph (2)(A), by striking
``section 15(c) of the Age Discrimination in
Employment Act of 1967'' and inserting
``section 4(d)(2), paragraphs (1) and (2) of
section 7(b), and section 15(c) of the Age
Discrimination in Employment Act of 1967''; and
(ii) in paragraph (3)(A), by striking
``section 107(a) of the Americans with
Disabilities Act of 1990'' and inserting
``subsections (a) and (c) of section 107, and
section 503(c)(2), of the Americans with
Disabilities Act of 1990''.
(3) Government employee rights act of 1991.--Section 302 of
the Government Employee Rights Act of 1991 (42 U.S.C. 2000e-
16b) is amended--
(A) in subsection (a)(2), by striking ``section 15
of the Age Discrimination in Employment Act of 1967 (29
U.S.C. 633a)'' and inserting ``sections 4(g) and 15 of
the Age Discrimination in Employment Act of 1967 (29
U.S.C. 623(g), 633a)''; and
(B) in subsection (b)--
(i) in paragraph (1), by inserting ``(and,
in the case of a violation of subsection
(a)(3), sections 107(c) and 503(c)(2) of the
Americans with Disabilities Act of 1990 (42
U.S.C. 12117(c), 12203(c)(2)))'' before ``,
and''; and
(ii) in paragraph (2), by striking
``section 15(c) of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 633a(c))''
and inserting ``section 4(d)(2), paragraphs (1)
and (2) of section 7(b), and section 15(c) of
the Age Discrimination in Employment Act of
1967 (29 U.S.C. 623(d)(2), 626(b), 633a(c))''.
(h) Application.--This section, and the amendments made by this
section, shall apply to all claims pending on or after the date of
enactment of this Act.
SEC. 206. SUPERVISOR LIABILITY.
(a) Amendment to Title VII of the Civil Rights Act of 1964.--
(1) Standard for employer liability for hostile work
environment.--Section 703 of the Civil Rights Act of 1964 (42
U.S.C. 2000e-2), as amended by 204(c)(1), is further amended by
adding at the end the following:
``(p) Subject to section 206(j) of the BE HEARD in the Workplace
Act, an employer shall be liable for the acts of any individual whose
harassment of an employee has created or continued a hostile work
environment that constitutes an unlawful employment practice under this
section if, at the time of the harassment--
``(1) such individual was authorized by that employer--
``(A) to undertake or recommend tangible employment
actions affecting the employee; or
``(B) to direct the employee's daily work
activities; or
``(2) the negligence of the employer led to the creation or
continuation of that hostile work environment.''.
(2) Standard for employer liability for retaliatory hostile
work environment.--Section 704 of the Civil Rights Act of 1964
(42 U.S.C. 2000e-3), as amended by section 201(a)(3), is
further amended--
(A) by redesignating subsection (b) as subsection
(c); and
(B) by inserting after subsection (a) the
following:
``(b) Subject to section 206(j) of the BE HEARD in the Workplace
Act, an employer shall be liable for the acts of any individual whose
harassment of an employee has created or continued a retaliatory
hostile work environment that constitutes an unlawful employment
practice as described under subsection (a) if, at the time of the
harassment--
``(1) such individual was authorized by that employer--
``(A) to undertake or recommend tangible employment
actions affecting the employee; or
``(B) to direct the employee's daily work
activities; or
``(2) the negligence of the employer led to the creation or
continuation of that retaliatory hostile work environment.''.
(3) Federal employees.--Section 717 of the Civil Rights Act
of 1964 (42 U.S.C. 2000e-16), as amended by section 205(e)(1),
is further amended by adding at the end the following:
``(h) The provisions of sections 703(p) and 704(b) shall apply to
hostile work environment claims and retaliatory hostile work
environment claims, respectively, under this section.''.
(b) Amendment to the Age Discrimination in Employment Act of
1967.--
(1) Standard for employer liability for hostile work
environment.--Section 4 of the Age Discrimination in Employment
Act of 1967 (29 U.S.C. 623), as amended by section 204(c)(4),
is further amended by adding at the end the following:
``(o) Subject to section 206(j) of the BE HEARD in the Workplace
Act, an employer shall be liable for the acts of any individual whose
harassment of an employee has created or continued a hostile work
environment that is unlawful under this section if, at the time of the
harassment--
``(1) such individual was authorized by that employer--
``(A) to undertake or recommend tangible employment
actions affecting the employee; or
``(B) to direct the employee's daily work
activities; or
``(2) the negligence of the employer led to the creation or
continuation of that hostile work environment.''.
(2) Standard for employer liability for retaliatory hostile
work environment.--Section 4(d)(1) of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 623(d)(1)), as amended by
section 205(c)(2), is further amended by striking ``or
litigation under this Act.'' and inserting ``or litigation
under this Act. Subject to section 206(j) of the BE HEARD in
the Workplace Act, an employer shall be liable for the acts of
any individual whose harassment of an employee has created or
continued a retaliatory hostile work environment that is
unlawful under this subsection if, at the time of the
harassment--
``(A) such individual was authorized by that
employer--
``(i) to undertake or recommend tangible
employment actions affecting the employee; or
``(ii) to direct the employee's daily work
activities; or
``(B) the negligence of the employer led to the
creation or continuation of that retaliatory hostile
work environment.''.
(3) Federal employees.--Section 15 of the Age
Discrimination in Employment Act of 1967 (29 U.S.C. 633a), as
amended by section 205(e)(3), is further amended by adding at
the end the following:
``(i) Subsections (d) and (o) of section 4 shall apply to
retaliatory hostile work environment claims and hostile work
environment claims, respectively, under this section.''.
(c) Amendment to the Americans With Disabilities Act of 1990.--
(1) Standard for employer liability for hostile work
environment.--Section 102 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12112), as amended by section 205(b)(2),
is further amended by adding at the end the following:
``(f) Subject to section 206(j) of the BE HEARD in the Workplace
Act, an employer shall be liable for the acts of any individual whose
harassment of an employee has created or continued a hostile work
environment that constitutes discrimination against a qualified
individual on the basis of disability under this section if, at the
time of the harassment--
``(1) such individual was authorized by the employer--
``(A) to undertake or recommend tangible employment
actions affecting the qualified individual; or
``(B) to direct the qualified individual's daily
work activities; or
``(2) the negligence of the employer led to the creation or
continuation of that hostile work environment.''.
(2) Standard for employer liability for retaliatory hostile
work environment.--Section 503 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12203) is amended--
(A) by redesignating subsection (c) as subsection
(d);
(B) by inserting after subsection (b) the
following:
``(c) Subject to section 206(j) of the BE HEARD in the Workplace
Act, an employer shall be liable for the acts of any individual whose
harassment of an employee has created or continued a retaliatory
hostile work environment that constitutes retaliatory discrimination,
as described in subsection (a), or the carrying out of any unlawful
acts described in subsection (b), if, at the time of the harassment--
``(1) such individual was authorized by the employer--
``(A) to undertake or recommend tangible employment
actions affecting the employee; or
``(B) to direct the employee's daily work
activities; or
``(2) the negligence of the employer led to the creation or
continuation of that retaliatory hostile work environment.'';
and
(C) in subsection (d), as redesignated by
subparagraph (A), by striking ``subsections (a) and
(b)'' and inserting ``subsections (a), (b), and (c)''.
(d) Amendment to the Rehabilitation Act of 1973.--
(1) Standard for employer liability for hostile work
environment and retaliatory hostile work environment.--Section
501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) is
amended by adding at the end the following:
``(h) Subject to section 206(j) of the BE HEARD in the Workplace
Act, each department, agency, and instrumentality in the executive
branch of Government and the Smithsonian Institution shall be liable
for the acts of any individual within such department, agency,
instrumentality, or the Smithsonian Institution whose harassment of an
individual with a disability has created or continued a hostile work
environment, or a retaliatory hostile work environment, that
constitutes nonaffirmative action employment discrimination under this
section if, at the time of the harassment--
``(1) such individual was authorized by that department,
agency, instrumentality, or the Smithsonian Institution--
``(A) to undertake or recommend tangible employment
actions affecting the individual with a disability; or
``(B) to direct the daily work activities of the
individual with a disability; or
``(2) the negligence of that department, agency,
instrumentality, or the Smithsonian Institution led to the
creation or continuation of that hostile work environment or
retaliatory hostile work environment.''.
(2) Standard for employer liability for hostile work
environment and retaliatory hostile work environment.--Section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) is
amended by adding at the end the following:
``(e) Subject to section 206(j) of the BE HEARD in the Workplace
Act, an employer described under subsection (b) shall be liable for the
acts of any individual whose harassment of a qualified individual with
a disability has created or continued a hostile work environment, or a
retaliatory hostile work environment, that constitutes employment
discrimination under this section if, at the time of the harassment--
``(1) such individual was authorized by such employer--
``(A) to undertake or recommend tangible employment
actions affecting the qualified individual with a
disability; or
``(B) to direct the daily work activities of the
qualified individual with a disability; or
``(2) the negligence of such employer led to the creation
or continuation of that hostile work environment or retaliatory
hostile work environment.''.
(3) Remedies.--Section 505 of the Rehabilitation Act of
1973 (29 U.S.C. 794a) is amended by adding at the end of
subsection (a) the following:
``(3) Sections 501(h) and 504(e) shall apply to hostile
work environment claims and retaliatory hostile work
environment claims under this section.''.
(e) Amendment to Section 1977 of the Revised Statutes.--Section
1977 of the Revised Statutes (42 U.S.C. 1981) is amended by adding at
the end the following:
``(d) Subject to section 206(j) of the BE HEARD in the Workplace
Act, a nongovernmental employer shall be liable for the acts of any
individual whose harassment of an employee has created a hostile work
environment or a retaliatory hostile work environment, constituting an
unlawful employment practice, if, at the time of the harassment--
``(1) such individual was authorized by the employer--
``(A) to undertake or recommend tangible employment
actions affecting the employee; or
``(B) to direct the employee's daily work
activities; or
``(2) the negligence of the employer led to the creation or
continuation of that hostile work environment or retaliatory
hostile work environment.''.
(f) Amendment to the Genetic Information Nondiscrimination Act of
2008.--
(1) Standard for employer liability for hostile work
environment.--Section 202 of the Genetic Information
Nondiscrimination Act of 2008 (42 U.S.C. 2000ff-1), as amended
by sections 204(c)(5) and 205(b)(4), is further amended by
adding at the end the following:
``(f) Subject to section 206(j) of the BE HEARD in the Workplace
Act, an employer shall be liable for the acts of any individual whose
harassment of an employee has created or continued a hostile work
environment that constitutes an unlawful employment practice under this
section if, at the time of the harassment--
``(1) such individual was authorized by the employer--
``(A) to undertake or recommend tangible employment
actions affecting the employee; or
``(B) to direct the employee's daily work
activities; or
``(2) the negligence of the employer led to the creation or
continuation of that hostile work environment.''.
(2) Standard for employer liability for retaliatory hostile
work environment.--Section 207(f)(1) of the Genetic Information
Nondiscrimination Act (42 U.S.C. 2000ff-6(f)(1)), as amended by
section 205(c)(2), is further amended by striking ``violations
of this subsection.'' and inserting ``violations of this
subsection. Subject to section 206(j) of the BE HEARD in the
Workplace Act, an employer shall be liable for the acts of any
individual whose harassment of an employee has created or
continued a retaliatory hostile work environment that
constitutes discrimination under this subsection if, at the
time of the harassment--
``(A) such individual was authorized by the
employer--
``(i) to undertake or recommend tangible
employment actions affecting the employee; or
``(ii) to direct the employee's daily work
activities; or
``(B) the negligence of the employer led to the
creation or continuation of that retaliatory hostile
work environment.''.
(g) Amendment to the Government Employee Rights Act of 1991.--
Section 302 of the Government Employee Rights Act of 1991 (42 U.S.C.
2000e-16b) is amended by adding at the end the following:
``(c) Subject to section 206(j) of the BE HEARD in the Workplace
Act, an employer of an individual described under section 304(a) shall
be liable for the acts of any individual whose harassment of a State
employee described in section 304 has created or continued a hostile
work environment or a retaliatory hostile work environment constituting
discrimination under this section, if at the time of the harassment--
``(1) such individual was authorized by such employer--
``(A) to undertake or recommend tangible employment
actions affecting the employee; or
``(B) to direct the employee's daily work
activities; or
``(2) the negligence of the employer led to the creation or
continuation of that hostile work environment or retaliatory
hostile work environment.''.
(h) Amendment to Title 3, United States Code.--Section 411 of title
3, United States Code, is amended--
(1) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively;
(2) by inserting after subsection (b) the following:
``(c) Liability of Employing Office.--Subject to section 206(j) of
the BE HEARD in the Workplace Act, an employing office shall be liable
for the acts of any individual whose harassment of a covered employee
has created or continued a hostile work environment or a retaliatory
hostile work environment constituting discrimination under this section
if, at the time of the harassment--
``(1) such individual was authorized by the employing
office--
``(A) to undertake or recommend tangible employment
actions affecting the covered employee; or
``(B) to direct the covered employee's daily work
activities; or
``(2) the negligence of the employing office led to the
creation or continuation of that hostile work environment or
retaliatory hostile work environment.''; and
(3) in subsection (f), as redesignated by paragraph (1), by
striking ``subsections (a) through (c)'' and inserting
``subsections (a) through (d).''.
(i) Amendment to the Congressional Accountability Act of 1995.--
Section 201 of the Congressional Accountability Act of 1995 (2 U.S.C.
1311) is amended--
(1) by striking subsection (e); and
(2) by adding at the end the following:
``(e) Outside Individuals.--Subject to section 206(j) of the BE
HEARD in the Workplace Act, an employing office shall be liable for the
acts of any individual whose harassment of a covered employee has
created or continued a hostile work environment or a retaliatory
hostile work environment that constitutes discrimination under this
section if, at the time of the harassment--
``(1) such individual was authorized by the employing
office--
``(A) to undertake or recommend tangible employment
actions affecting the covered employee; or
``(B) to direct the covered employee's daily work
activities; or
``(2) the negligence of the employing office led to the
creation or continuation of that hostile work environment or
retaliatory hostile work environment.''.
(j) Rule of Construction.--Nothing in this section shall be
construed to limit the availability of, or access to, defenses
available under the law.
(k) Application.--This section, and the amendments made by this
section, shall apply to all claims pending on or after the date of
enactment of this Act.
SEC. 207. EXTENDING THE STATUTES OF LIMITATIONS.
(a) Civil Rights Act of 1964; Americans With Disabilities Act of
1990; Genetic Information Nondiscrimination Act of 2008.--Section 706
of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5) is amended--
(1) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``one hundred and eighty
days after the alleged unlawful employment
practice occurred'' and inserting ``4 years
after the alleged unlawful employment practice
occurred.''; and
(ii) by striking ``three hundred days after
the alleged unlawful employment practice
occurred'' and inserting ``4 years and 120 days
after the alleged unlawful employment practice
occurred.''; and
(B) in paragraph (3)(B), by striking ``two years
preceding the filing of the charge'' and all that
follows and inserting ``4 years and 120 days preceding
the filing of the charge.''; and
(2) in subsection (g)(1), by striking ``two years prior to
the filing of a charge'' and inserting ``4 years and 120 days
preceding the filing of the charge''.
(b) Age Discrimination in Employment Act of 1967.--Section 7(d) of
the Age Discrimination in Employment Act of 1967 (29 U.S.C. 626(d)) is
amended--
(1) in the second sentence, by redesignating paragraphs (1)
and (2) as subparagraphs (A) and (B), respectively;
(2) by striking ``(d)'' and all that follows through ``No''
and inserting ``(d)(1) No''; and
(3) in paragraph (1), as designated by paragraph (2) of
this subsection--
(A) by striking ``Secretary. Such'' and inserting
``Secretary, and such'';
(B) in subparagraph (A), by striking ``180 days
after the alleged unlawful practice occurred'' and
inserting ``4 years after the alleged unlawful practice
occurred''; and
(C) in subparagraph (B), by striking ``300 days
after the alleged unlawful practice occurred'' and
inserting ``4 years and 120 days after the alleged
unlawful practice occurred''.
SEC. 208. EXTENDING THE TIME LIMITATIONS ON FEDERAL EMPLOYEES FILING A
COMPLAINT.
(a) In General.--The Equal Employment Opportunity Commission
(referred to in this section as ``the Commission'') shall ensure that a
covered Federal employee shall not be required to take any action
necessary to bring a complaint to the department, agency, unit, or
instrumentality involved prior to 4 years from the date of the matter
alleged to be discriminatory or, in the case of personnel action, 4
years from the effective date of the personnel action.
(b) Covered Employees and Complaints.--In this section, the term
``covered Federal employee'' means--
(1) an employee or applicant to whom section 717(a) of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-16(a)) applies, in
the case of a complaint brought under section 717 of that Act
(42 U.S.C. 2000e-16);
(2) an employee or applicant to whom section 15(a) of the
Age Discrimination in Employment Act of 1967 (29 U.S.C.
633a(a)) applies, in the case of a complaint brought under
section 15 of that Act (29 U.S.C. 633a);
(3) an employee or applicant to whom section 501 of the
Rehabilitation Act of 1973 (29 U.S.C. 791) applies, in the case
of a complaint brought to enforce that section under section
505 of that Act (29 U.S.C. 794a); and
(4) an employee or applicant described in section
201(2)(A)(v) of the Genetic Information Nondiscrimination Act
of 2008 (42 U.S.C. 2000ff(2)(A)(v)), in the case of a complaint
brought to enforce title II of that Act (42 U.S.C. 2000ff et
seq.) under section 207(e) of that Act (42 U.S.C. 2000ff-6(e)).
TITLE III--BROADENING PROTECTIONS AND ENSURING TRANSPARENCY
SEC. 301. INDEPENDENT CONTRACTORS, INTERNS, FELLOWS, VOLUNTEERS, AND
TRAINEES.
(a) Covered Employer or Entity.--All protections afforded to an
employee or individual under a provision that consists of title VII of
the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), the Government
Employee Rights Act of 1991 (42 U.S.C. 2000e-16a et seq.), the
Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.),
subchapter II of chapter 5 of title 3, United States Code, the Age
Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.), title
I and section 503 (for violations with respect to that title) of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.,
12203), sections 501 and 505 of the Rehabilitation Act of 1973 (29
U.S.C. 791, 794a), section 6(d) of the Fair Labor Standards Act of 1938
(commonly known as the ``Equal Pay Act of 1963'') (29 U.S.C. 206(d)),
title II of the Genetic Information Nondiscrimination Act of 2008 (42
U.S.C. 2000ff et seq.), and section 4311 of title 38, United States
Code, shall be afforded, in the same manner and to the same extent,
to--
(1) an individual who is engaged by an employer or entity
covered by that provision (referred to in this subsection as a
``covered employer or entity'') as an independent contractor
(regardless of business structure, including organization as a
legal or commercial entity) or as an intern, fellow, volunteer,
or trainee, whether or not the individual receives
compensation, academic credit, or other remuneration from the
covered employer or entity; or
(2) an individual who applies or seeks to become such an
independent contractor (regardless of business structure,
including organization as a legal or commercial entity),
intern, fellow, volunteer, or trainee, for the covered employer
or entity.
(b) Covered Establishments.--
(1) Definition.--In this subsection, the term ``covered
establishment'' means an individual or entity that--
(A) is not acting as an employer or entity covered
by a provision specified in subsection (a); and
(B) engages the services (including soliciting such
services) of an independent contractor (regardless of
business structure, including organization as a legal
or commercial entity), intern, fellow, volunteer, or
trainee by means of an instrument of transportation or
communication in interstate commerce, or through an
arrangement that involves the use of such an instrument
to carry out or be conveyed to carry out those
services.
(2) Protections.--All protections afforded to an employee
or individual under a provision that consists of title VII of
the Civil Rights Act of 1964, the Age Discrimination in
Employment Act of 1967, title I and section 503 (for violations
with respect to that title) of the Americans with Disabilities
Act of 1990, section 6(d) of the Fair Labor Standards Act of
1938, title II of the Genetic Information Nondiscrimination Act
of 2008, and section 4311 of title 38, United States Code,
shall be afforded, in the same manner and to the same extent
that the provision covers an individual described in section
701(f) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(f)),
to--
(A) an individual who is engaged by a covered
establishment as an independent contractor (regardless
of business structure, including organization as a
legal or commercial entity) or as an intern, fellow,
volunteer, or trainee, whether or not the individual
receives compensation, academic credit, or other
remuneration from the covered establishment; or
(B) an individual who applies or seeks to become
such an independent contractor (regardless of business
structure, including organization as a legal or
commercial entity), intern, fellow, volunteer, or
trainee, for the covered establishment.
(c) Domestic Service.--For purposes of the provisions listed in
subsection (a) and the provisions of this Act, an individual or entity
who engages the services (by means of an instrument of transportation
or communication in interstate commerce, or through an arrangement that
involves the use of such an instrument to carry out or be conveyed to
carry out those services) of a person in domestic service in a
household, as an employee, or as an independent contractor, intern,
fellow, volunteer, or trainee, referred to in subsection (a) or (b)
shall be considered to be engaged in interstate commerce.
(d) Rule of Construction.--Nothing in this section shall be
construed to limit the individuals protected under any provision
described in subsection (a).
(e) Interstate Commerce.--In this section, the term ``interstate
commerce'' means Commerce (as defined in section 3 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203)) among the several States.
SEC. 302. NONDISCLOSURE AGREEMENTS.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Equal
Employment Opportunity Commission.
(2) Covered establishment.--The term ``covered
establishment'' has the meaning given the term in section 301.
(3) Covered individual.--The term ``covered individual''
means--
(A) in the case of an individual required to be
afforded protections under section 301(a)--
(i) an individual required to be afforded
those protections by an employer described in
paragraph (5)(A);
(ii) an individual required to be afforded
those protections by an employer described in
paragraph (5)(B);
(iii) an individual required to be afforded
those protections by an employer described in
paragraph (5)(C);
(iv) an individual required to be afforded
those protections by an employer described in
paragraph (5)(D); or
(v) an individual required to be afforded
those protections by an employer described in
paragraph (5)(E); and
(B) in the case of an individual required to be
afforded protections under section 301(b) by a covered
establishment, that individual.
(4) Employee.--The term ``employee'' means--
(A) an employee (including an applicant), as
defined in section 701(f) of the Civil Rights Act of
1964 (42 U.S.C. 2000e(f));
(B) a State employee (including an applicant)
described in section 304(a) of the Government Employee
Rights Act of 1991 (42 U.S.C. 2000e-16c(a));
(C) a covered employee (including an applicant), as
defined in section 101 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1301), including
an individual treated as a covered employee under that
section;
(D) a covered employee (including an applicant), as
defined in section 411(c) of title 3, United States
Code; or
(E) an employee or applicant to which section
717(a) of the Civil Rights Act of 1964 (42 U.S.C.
2000e-16(a)) applies.
(5) Employer.--The term ``employer'' means--
(A) an employer (as defined in section 701(b) of
the Civil Rights Act of 1964 (42 U.S.C. 2000e(b)));
(B) an entity employing a State employee described
in section 304(a) of the Government Employee Rights Act
of 1991;
(C) an employing office, as defined in section
101(a) of the Congressional Accountability Act of 1995
(2 U.S.C. 1301(a));
(D) an employing office, as defined in section
411(c) of title 3, United States Code; or
(E) an entity to which section 717(a) of the Civil
Rights Act of 1964 applies.
(6) Nondisclosure clause.--The term ``nondisclosure
clause'' means a provision in a contract or agreement
establishing that each party to the contract or agreement
agrees not to disclose information covered by the terms and
conditions of the contract or agreement.
(7) Nondisparagement clause.--The term ``nondisparagement
clause'' means a provision in a contract or agreement requiring
one or more parties to the contract or agreement not to make
negative statements about another such party.
(8) Worker.--The term ``worker'' means an employee or a
covered individual.
(b) Unlawful Practices.--
(1) Nondisparagement and nondisclosure clauses.--Subject to
paragraph (3), it shall be an unlawful practice for an employer
to proffer or to enter into a contract or agreement with a
worker, or for a covered establishment to proffer or to enter
into a contract or agreement with a covered individual, as a
condition of employment or contracting, promotion,
compensation, benefits, or change in employment status or
contractual relationship, or as a term, condition, or privilege
of employment or contracting, if that contract or agreement
contains a nondisparagement clause or nondisclosure clause that
covers prohibited harassment or other prohibited discrimination
in employment or contracting, or retaliation for reporting,
resisting, opposing, or assisting in the investigation of such
harassment or other discrimination.
(2) Prohibition on enforcement.--Subject to paragraph (3)
but notwithstanding any other provision of law, it shall be an
unlawful practice for an employer or covered establishment to
enforce or attempt to enforce a nondisparagement clause or
nondisclosure clause that covers prohibited harassment or other
prohibited discrimination in employment or contracting, or
retaliation for reporting, resisting, opposing, or assisting in
the investigation of such harassment or other discrimination.
An employer or covered establishment that enforces or attempts
to enforce such a nondisparagement clause or such a
nondisclosure clause against a worker shall be liable for the
reasonable attorney's fees and costs of the worker.
(3) Settlement or separation agreements.--
(A) In general.--The provisions of paragraphs (1)
and (2) do not apply to a nondisparagement clause or
nondisclosure clause contained in a settlement
agreement or separation agreement that resolves legal
claims or disputes if--
(i) such legal claims accrued or such
disputes arose before the settlement agreement
or separation agreement was executed;
(ii) the clause involved is mutually agreed
upon by both--
(I) the employer or covered
establishment, as the case may be; and
(II) the worker;
(iii) the worker's agreement to such clause
is knowing and voluntary, as described in
subparagraph (C);
(iv) the clause involved is limited to
statements made with knowledge of their falsity
or with reckless disregard for their truth or
falsity;
(v) the clause involved prohibits the
employer or covered establishment from publicly
disclosing the name of a victim of an alleged
act of prohibited harassment or other
prohibited discrimination, or disclosing any
information that would reasonably lead to the
disclosure of the identity of such a victim;
and
(vi) the settlement agreement or separation
agreement expressly states that the agreement
involved does not prohibit, prevent, or
otherwise restrict a worker from--
(I) filing a charge or complaint
with the Commission, any other Federal,
State, or local agency with the
authority to enforce laws (including
regulations) that prohibit
discrimination, including harassment,
in employment or contracting, as the
case may be, or law enforcement;
(II) testifying at, assisting, or
participating in an investigation or
proceeding conducted by the Commission,
any other Federal, State, or local
agency with the authority to enforce
laws (including regulations) that
prohibit discrimination, including
harassment, in employment or
contracting, as the case may be, or law
enforcement; or
(III) testifying in a hearing or
trial or complying with a request for
discovery in relation to civil
litigation.
(B) Prohibition on sole benefit.--For purposes of
this paragraph, it shall be an unlawful practice for an
employer or covered establishment to unilaterally
include a nondisparagement clause or nondisclosure
clause that solely benefits the employer or covered
establishment in a separation or settlement agreement.
(C) Knowing and voluntary agreement.--For purposes
of this paragraph, agreement to a nondisparagement
clause or nondisclosure clause may not be considered
knowing and voluntary unless at a minimum--
(i) the nondisparagement clause or
nondisclosure clause is written in a manner
designed to ensure that the worker understands
the content of the clause involved;
(ii) the nondisparagement clause or
nondisclosure clause is included only in
exchange for consideration of value provided to
the worker, in addition to anything of value to
which the worker is already entitled;
(iii) the nondisparagement clause or
nondisclosure clause does not apply to any
rights or claims that arise after the date the
settlement or separation agreement is executed;
(iv) the worker is advised in writing to
consult with an attorney prior to agreeing to
such an agreement that includes a
nondisparagement clause or nondisclosure
clause;
(v) the worker is given a period of at
least 21 days to consider any proposal for a
settlement or separation agreement that
includes a nondisparagement clause or
nondisclosure clause; and
(vi) the settlement or separation agreement
provides that for a period of at least 7 days
following the execution of such agreement the
worker may revoke the agreement, and the
agreement shall not become effective or
enforceable until the revocation period has
expired.
(D) Burden of proof.--In any dispute that may arise
over whether any of the requirements of subparagraph
(A) have been met, the party asserting the validity of
an agreement shall have the burden of proving that the
requirements of subparagraph (A) have been met.
(E) Financial terms.--Notwithstanding subparagraph
(A)(iv), the financial terms of the settlement or
separation covered by the agreement may be included in
a nondisclosure clause of the agreement if the
nondisclosure of the financial terms is limited to a
specified period of time. The nondisclosure clause
shall not prohibit discussion of the financial terms of
the settlement or separation with an accountant or
financial advisor.
(F) Participation in investigations or
proceedings.--No nondisparagement clause or
nondisclosure clause may affect the ability of a worker
to testify at, assist, or participate in an
investigation or proceeding conducted by the
Commission, any Federal, State, or local agency with
the authority to enforce laws (including regulations)
that prohibit discrimination in employment or
contracting, as the case may be, or a law enforcement
agency.
(G) Prohibition on damages.--Under no circumstances
shall a worker be required to pay damages for breach of
a nondisparagement clause or nondisclosure clause
permitted by this paragraph in excess of an amount
equal to the consideration of value provided to the
worker in exchange for the workers' agreement to the
nondisparagement clause or nondisclosure clause.
(c) Enforcement Against Employers.--
(1) Enforcement powers.--With respect to the administration
and enforcement of this section in the case of a claim alleged
by a worker against an employer for a violation of this
section--
(A) the Commission shall have the same powers as
the Commission has to administer and enforce--
(i) title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e et seq.); or
(ii) sections 302 and 304 of the Government
Employee Rights Act of 1991 (42 U.S.C. 2000e-
16b and 2000e-16c),
in the case of a claim alleged by an employee of the
employer for a violation of such title, or of section
302(a)(1) of the Government Employee Rights Act of 1991
(42 U.S.C. 2000e-16b(a)(1)), respectively;
(B) the Librarian of Congress shall have the same
powers as the Librarian of Congress has to administer
and enforce title VII of the Civil Rights Act of 1964
(42 U.S.C. 2000e et seq.) in the case of a claim
alleged by an employee of the employer for a violation
of such title;
(C) the Board (as defined in section 101(a) of the
Congressional Accountability Act of 1995 (2 U.S.C.
1301(a))) shall have the same powers as the Board has
to administer and enforce the Congressional
Accountability Act of 1995 (2 U.S.C. 1301 et seq.) in
the case of a claim alleged by an employee of the
employer for a violation of section 201(a)(1) of such
Act (2 U.S.C. 1311(a)(1));
(D) the Attorney General shall have the same powers
as the Attorney General has to administer and enforce--
(i) title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e et seq.); or
(ii) sections 302 and 304 of the Government
Employee Rights Act of 1991 (42 U.S.C. 2000e-
16b and 2000e-16c),
in the case of a claim alleged by an employee of the
employer for a violation of such title, or of section
302(a)(1) of the Government Employee Rights Act of 1991
(42 U.S.C. 2000e-16b(a)(1)), respectively;
(E) the President, the Commission, and the Merit
Systems Protection Board shall have the same powers as
the President, the Commission, and the Board,
respectively, have to administer and enforce chapter 5
of title 3, United States Code, in the case of a claim
alleged by an employee of the employer for a violation
of section 411 of such title; and
(F) a court of the United States shall have the
same jurisdiction and powers as the court has to
enforce--
(i) title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e et seq.) in the case of a
claim alleged by an employee of the employer
for a violation of such title;
(ii) sections 302 and 304 of the Government
Employee Rights Act of 1991 (42 U.S.C. 2000e-
16b and 2000e-16c) in the case of a claim
alleged by an employee of the employer for a
violation of section 302(a)(1) of such Act (42
U.S.C. 2000e-16b(a)(1));
(iii) the Congressional Accountability Act
of 1995 (2 U.S.C. 1301 et seq.) in the case of
a claim alleged by an employee of the employer
for a violation of section 201(a)(1) of such
Act (2 U.S.C. 1311(a)(1)); and
(iv) chapter 5 of title 3, United States
Code, in the case of a claim alleged by an
employee of the employer for a violation of
section 411 of such title.
(2) Procedures and remedies.--The procedures and remedies
applicable to a claim alleged by a worker against the employer
for a violation of this section are--
(A) the procedures and remedies applicable for a
violation of title VII of the Civil Rights Act of 1964
(42 U.S.C. 2000e et seq.) in the case of a claim
alleged by an employee of the employer for a violation
of such title;
(B) the procedures and remedies applicable for a
violation of section 302(a)(1) of the Government
Employee Rights Act of 1991 (42 U.S.C. 2000e-16b(a)(1))
in the case of a claim alleged by an employee of the
employer for a violation of such section;
(C) the procedures and remedies applicable for a
violation of section 201(a)(1) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1311(a)(1)) in the
case of a claim alleged by an employee of the employer
for a violation of such section; and
(D) the procedures and remedies applicable for a
violation of section 411 of title 3, United States
Code, in the case of a claim alleged by an employee of
the employer for a violation of such section.
(3) Other applicable provisions.--With respect to a claim
alleged by an employee described in subsection (a)(4)(C) or a
covered individual described in subsection (a)(3)(A)(iii) for a
violation of this section, title III of the Congressional
Accountability Act of 1995 (2 U.S.C. 1381 et seq.) shall apply
in the same manner as such title applies with respect to a
claim alleged by such an employee for a violation of section
201(a)(1) of such Act (2 U.S.C. 1311(a)(1)).
(d) Enforcement Against Covered Establishments.--
(1) Enforcement powers.--With respect to the administration
and enforcement of this section in the case of a claim alleged
by a covered individual against a covered establishment for a
violation of this section--
(A) the Commission shall have the same powers as
the Commission has to administer and enforce title VII
of the Civil Rights Act of 1964 (42 U.S.C. 2000e et
seq.);
(B) the Attorney General shall have the same powers
as the Attorney General has to administer and enforce
title VII of the Civil Rights Act of 1964; and
(C) a court of the United States shall have the
same jurisdiction and powers as the court has to
enforce title VII of the Civil Rights Act of 1964,
in the case of a claim alleged by an employee described in
subsection (a)(4)(A) for a violation of such title.
(2) Procedures and remedies.--The procedures and remedies
applicable to a claim alleged by a covered individual against
the covered establishment for a violation of this section are
the procedures and remedies applicable for a violation of title
VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.)
in the case of a claim alleged by an employee described in
subsection (a)(4)(A) for a violation of such title.
(e) Right To Report Reserved.--Notwithstanding signing (before, on,
or after the effective date of this Act) any nondisparagement clause or
nondisclosure clause, a worker retains--
(1) any right that person would otherwise have had to
report a concern about harassment, including sexual harassment,
in employment or contracting or another violation of the law to
the Commission, another Federal agency (including an office of
the legislative or judicial branch), a State or local fair
employment practices agency or any other State or local agency,
or a law enforcement agency; and
(2) any right that person would otherwise have had to bring
an action in a court of the United States.
(f) Regulations.--
(1) In general.--Except as provided in paragraphs (2), (3),
and (4), the Commission shall have authority to issue
regulations to carry out this section.
(2) Librarian of congress.--The Librarian of Congress shall
have authority to issue regulations to carry out this section
with respect to workers of the Library of Congress.
(3) Board.--The Board referred to in subsection (c)(1)(C)
shall have authority to issue regulations to carry out this
section, in accordance with section 304 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1384), with respect to
employees described in subsection (a)(4)(C) and covered
individuals described in subsection (a)(3)(A)(iii).
(4) President.--The President shall have authority to issue
regulations to carry out this section with respect to employees
described in subsection (a)(4)(D) and covered individuals
described in subsection (a)(3)(A)(iv).
(g) State and Federal Immunity.--
(1) Abrogation of state immunity.--A State shall not be
immune under the 11th Amendment to the Constitution from a suit
brought in a Federal court of competent jurisdiction for a
violation of this section.
(2) Waiver of state immunity.--
(A) In general.--
(i) Waiver.--A State's receipt or use of
Federal financial assistance for any program or
activity of a State shall constitute a waiver
of sovereign immunity, under the 11th Amendment
to the Constitution or otherwise, to a suit
brought by a covered individual in that program
or activity under this section for a remedy
authorized under paragraph (4).
(ii) Definition.--In this subparagraph, the
term ``program or activity'' has the meaning
given the term in section 606 of the Civil
Rights Act of 1964 (42 U.S.C. 2000d-4a).
(B) Effective date.--With respect to a particular
program or activity, subparagraph (A) applies to
conduct occurring on or after the day, after the date
of enactment of this Act, on which a State first
receives or uses Federal financial assistance for that
program or activity.
(3) Remedies against state officials.--An official of a
State may be sued in the official capacity of the official by a
covered individual who has complied with the applicable
procedures of subsection (c), for equitable relief that is
authorized under this section. In such a suit the court may
award to the prevailing party those costs authorized by section
722 of the Revised Statutes (42 U.S.C. 1988).
(4) Remedies against the united states and the states.--
Notwithstanding any other provision of this Act, in an action
or administrative proceeding against the United States or a
State for a violation of this section, remedies (including
remedies at law and in equity, and interest) are available for
the violation to the same extent as the remedies are available
for a violation of title VII of the Civil Rights Act of 1964
(42 U.S.C. 2000e et seq.) by an employer described in
subsection (a)(5)(A), except that--
(A) punitive damages are not available; and
(B) compensatory damages are available to the
extent specified in section 1977A(b) of the Revised
Statutes (42 U.S.C. 1981a(b)).
(h) Relationship to Other Laws.--Nothing in this section shall
invalidate or limit the rights and remedies available to workers under
the National Labor Relations Act (29 U.S.C. 151 et seq.).
SEC. 303. PROHIBITION ON MANDATORY ARBITRATION AND PROTECTION OF
CONCERTED LEGAL ACTION.
(a) Protection of Concerted Activity.--
(1) Agreements.--Section 8(e) of the National Labor
Relations Act (29 U.S.C. 158(e)) is amended to read as follows:
``(e) Notwithstanding chapter 1 of title 9, United States Code
(commonly known as the `Federal Arbitration Act'), or any other
provision of law, it shall be an unfair labor practice under subsection
(a)(1) for any employer--
``(1) to enter into or attempt to enforce any agreement,
express or implied, whereby prior to or after a dispute to
which the agreement applies, an employee undertakes or promises
not to pursue, bring, join, litigate, or support any kind of
joint, class, or collective claim arising from or relating to
the employment of such employee in any forum that, but for such
agreement, is of competent jurisdiction;
``(2) to coerce an employee into undertaking or promising
not to pursue, bring, join, litigate, or support any kind of
joint, class, or collective claim arising from or relating to
the employment of such employee; or
``(3) to retaliate or threaten to retaliate against an
employee for refusing to undertake or promise not to pursue,
bring, join, litigate, or support any kind of joint, class, or
collective claim arising from or relating to the employment of
such employee:
Provided, That any agreement that violates this subsection or results
from a violation of this subsection shall be to such extent
unenforceable and void: Provided further, That this subsection shall
not apply to any agreement embodied in or expressly permitted by a
contract between an employer and a labor organization.''.
(2) Certain postdispute arbitration agreements.--Section
10(b) of the National Labor Relations Act (29 U.S.C. 160(b)) is
amended by striking ``discharge'' and inserting ``discharge, or
unless the person aggrieved thereby is alleging a violation of
section 8(e) whose charge involves a postdispute arbitration
agreement that meets the requirements under section 502(a)(2)
of title 9, United States Code, in which event the six-month
period shall be computed from the day the waiting period
described in subparagraph (C) of such section ends''.
(b) Arbitration of Work Disputes.--
(1) In general.--Title 9, United States Code, is amended by
adding at the end the following:
``CHAPTER 5--ARBITRATION OF WORK DISPUTES
``Sec.
``501. Definitions.
``502. No Validity and enforceability.
``Sec. 501. Definitions
``In this chapter:
``(1) Commerce; employee; employer.--The terms `commerce',
`employee', and `employer' have the meanings given the terms in
section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C.
203).
``(2) Covered entity.--The term `covered entity' means--
``(A) an employer; or
``(B) an individual or entity that is not acting as
an employer and engages the services of a worker.
``(3) Presdispute arbitration agreement.--The term
`predispute arbitration agreement' has the meaning given the
term in section 401.
``(4) Postdispute arbitration agreement.--The term
`postdispute arbitration agreement' means any agreement to
arbitrate a dispute that arose before the time of the making of
the agreement.
``(5) Worker.--The term `worker' means--
``(A) an employee engaged in an activity affecting
commerce; or
``(B) an individual, engaged in an activity
affecting commerce, who is engaged by a covered entity
to perform services or work as an independent
contractor (regardless of the label or classification
assigned or used by the covered entity).
``(6) Work dispute.--The term `work dispute'--
``(A) means a dispute between one or more workers
(or their authorized representatives) and a covered
entity arising out of or related to the work
relationship or prospective work relationship between
the workers and the covered entity; and
``(B) includes--
``(i) a dispute regarding the terms of,
payment for, advertising of, recruitment of,
referring of, arranging for, or discipline or
discharge in connection with work performed in
connection with such work relationship;
``(ii) a dispute arising under any law
referred to or described in section 62(e) of
the Internal Revenue Code of 1986, including
any part of such a law not explicitly
referenced in such section that relates to
protecting individuals on a basis that is
protected under a law referred to or described
in such section; and
``(iii) a dispute in which an individual or
individuals seek certification--
``(I) as a class under rule 23 of
the Federal Rules of Civil Procedure;
``(II) as a collective action under
section 16(b) of the Fair Labor
Standards Act of 1938 (29 U.S.C.
216(b)); or
``(III) under a comparable rule or
provision of State law.
``Sec. 502. No validity or enforceability
``(a) In General.--Notwithstanding any other provision of this
title--
``(1) no predispute arbitration agreement shall be valid or
enforceable if it requires arbitration of a work dispute;
``(2) no postdispute arbitration agreement that requires
arbitration of a work dispute shall be valid or enforceable
unless--
``(A) the agreement was not required by the covered
entity, obtained by coercion or threat of adverse
action, or made a condition of employment, work, or any
employment-related or work-related privilege or
benefit;
``(B) each worker entering into the agreement was
informed in writing using sufficiently plain language
likely to be understood by the average worker of--
``(i) the right of the worker under
paragraph (3) to refuse to enter the agreement
without retaliation; and
``(ii) as applicable, the protections under
section 8(a)(6) of the National Labor Relations
Act (29 U.S.C. 158(a)(6));
``(C) each worker entering into the agreement
entered the agreement after a waiting period of not
fewer than 45 days, beginning on the date on which the
employee was provided both the final text of the
agreement and the disclosures required under
subparagraph (B); and
``(D) each worker entering into the agreement
affirmatively consented to the agreement in writing;
and
``(3) no covered entity may retaliate or threaten to
retaliate against a worker for refusing to enter into an
agreement that provides for arbitration of a work dispute.
``(b) Statute of Limitations.--The statute of limitations for
bringing an action that arises from or forms the basis for the
applicable work dispute shall be tolled during the waiting period
described in subsection (a)(2)(C).
``(c) Civil Action.--Any person who is injured by reason of a
violation of subsection (a)(3) may bring a civil action in the
appropriate district court of the United States against the covered
entity within 2 years of the violation, or within 3 years if such
violation is willful. Relief granted in such an action shall include a
reasonable attorney's fee, other reasonable costs associated with
maintaining the action, and any appropriate relief authorized by
section 706(g) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(g))
or by section 1977A(b) of the Revised Statutes (42 U.S.C. 1981a(b)).
``(d) Applicability.--
``(1) In general.--This chapter applies to covered entities
and workers to the fullest extent permitted by the Constitution
of the United States, including the work of persons engaged in
domestic service in households, as described in section 2(a) of
the Fair Labor Standards Act of 1938 (29 U.S.C. 202(a)). An
issue as to whether this chapter applies to an arbitration
agreement shall be determined under Federal law. The
applicability of this chapter to an agreement to arbitrate and
the validity and enforceability of an agreement to which this
chapter applies shall be determined by a court, rather than an
arbitrator, regardless of whether any contractual provision
purports to delegate such determinations to the arbitrator and
irrespective of whether the party resisting arbitration
challenges the arbitration agreement specifically or in
conjunction with other terms of the contract containing such
agreement.
``(2) Collective bargaining agreements.--Nothing in this
chapter shall apply to any arbitration provision in a contract
between a covered entity and a labor organization, except that
no such arbitration provision shall have the effect of waiving
the right of a worker to seek judicial enforcement of a right
arising under a provision of the Constitution of the United
States, the constitution of a State, or a Federal or State
statute, or public policy arising therefrom.''.
(2) Technical and conforming amendments.--
(A) In general.--Title 9 of the United States Code
is amended--
(i) in section 1, by striking ``of
seamen,'' and all that follows through
``interstate commerce'';
(ii) in section 2, by inserting ``or 5''
before the period at the end;
(iii) in section 208, in the second
sentence, by inserting ``or 5'' before the
period at the end; and
(iv) in section 307, in the second
sentence, by inserting ``or 5'' before the
period at the end.
(B) Table of chapters.--The table of chapters for
title 9, United States Code, is amended by adding at
the end the following:
``5. Arbitration of work disputes........................... 501.''.
(c) Effective Date.--This section, and the amendments made by this
section, shall take effect on the date of enactment of this Act and
shall apply with respect to any dispute or claim that arises or accrues
on or after such date, including any dispute or claim to which an
agreement predating such date applies.
SEC. 304. FEDERAL CONTRACTOR COMPLIANCE WITH LABOR AND CIVIL RIGHTS
LAWS.
(a) Definitions.--In this section:
(1) Covered contract.--The term ``covered contract'' means
a Federal contract for the procurement of property or services,
including construction, valued in excess of $500,000.
(2) Covered subcontract.--The term ``covered
subcontract''--
(A) means a subcontract for property or services
under a Federal contract that is valued in excess of
$500,000; and
(B) does not include a subcontract for the
procurement of commercially available off-the-shelf
items.
(3) Executive agency.--The term ``executive agency'' has
the meaning given the term in section 133 of title 41, United
States Code.
(b) Required Pre-Contract Award Actions.--
(1) Disclosures.--The head of an executive agency shall
ensure that the solicitation for a covered contract requires
the offeror--
(A) to represent, to the best of the offeror's
knowledge and belief, whether there has been any
administrative merits determination, arbitral award or
decision, or civil judgment, as defined in guidance
issued by the Secretary of Labor, rendered against the
offeror in the preceding 3 years for violations of--
(i) the Fair Labor Standards Act of 1938
(29 U.S.C. 201 et seq.);
(ii) the Occupational Safety and Health Act
of 1970 (29 U.S.C. 651 et seq.);
(iii) the Migrant and Seasonal Agricultural
Worker Protection Act (29 U.S.C. 1801 et seq.);
(iv) the National Labor Relations Act (29
U.S.C. 151 et seq.);
(v) subchapter IV of chapter 31 of title
40, United States Code (commonly known as the
``Davis-Bacon Act'');
(vi) chapter 67 of title 41, United States
Code (commonly known as the ``Service Contract
Act'');
(vii) Executive Order 11246 (42 U.S.C.
2000e note; relating to equal employment
opportunity);
(viii) section 503 or 505 of the
Rehabilitation Act of 1973 (29 U.S.C. 793);
(ix) section 4212 of title 38, United
States Code;
(x) the Family and Medical Leave Act of
1993 (29 U.S.C. 2601 et seq.);
(xi) title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e et seq.);
(xii) the Pregnant Workers Fairness Act (42
U.S.C. 2000gg et seq.);
(xiii) title I and section 503 (for
violations with respect to that title) of the
Americans with Disabilities Act of 1990 (42
U.S.C. 12111 et seq.; 12203);
(xiv) the Age Discrimination in Employment
Act of 1967 (29 U.S.C. 621 et seq.);
(xv) title II of the Genetic Information
Nondiscrimination Act of 2008 (42 U.S.C. 2000ff
et seq.);
(xvi) as applicable, Executive Order 13658
(79 Fed. Reg. 9851; relating to establishing a
minimum wage for contractors) or Executive
Order 14026 (86 Fed. Reg. 22835; relating to
increasing the minimum wage for Federal
contractors); or
(xvii) equivalent State laws, as defined in
guidance issued by the Secretary of Labor;
(B) to require each subcontractor for a covered
subcontract--
(i) to represent to the offeror, and the
executive agency's Labor Compliance Advisor
designated under subsection (d), to the best of
the subcontractor's knowledge and belief,
whether there has been any administrative
merits determination, arbitral award or
decision, or civil judgment, as defined in
guidance issued by the Secretary of Labor,
rendered against the subcontractor in the
preceding 3 years for violations of any of the
labor or civil rights laws listed under
subparagraph (A); and
(ii) to update such information every 6
months for the duration of the subcontract; and
(C) to consider the advice rendered by the
executive agency's Labor Compliance Advisor designated
under subsection (d), or information submitted by a
subcontractor pursuant to subparagraph (B), in
determining whether the subcontractor is a responsible
source with a satisfactory record of integrity and
business ethics--
(i) prior to awarding the subcontract; or
(ii) in the case of a subcontract that is
awarded or will become effective within 5 days
of the prime contract being awarded, not later
than 30 days after awarding the subcontract.
(2) Pre-award corrective measures.--
(A) In general.--A contracting officer, prior to
awarding a covered contract, shall, as part of the
responsibility determination, provide an offeror who
makes a disclosure pursuant to paragraph (1) an
opportunity to report any steps taken to correct the
violations of or improve compliance with the labor or
civil rights laws listed in subparagraph (A) of such
paragraph, including any agreements entered into with
an enforcement agency.
(B) Consultation.--The executive agency's Labor
Compliance Advisor designated under subsection (d), in
consultation with relevant enforcement agencies, shall
advise the contracting officer whether agreements are
in place or are otherwise needed to address appropriate
remedial measures, compliance assistance, steps to
resolve issues to avoid further violations, or other
related matters concerning the offeror.
(C) Responsibility determination.--The contracting
officer, in consultation with the executive agency's
Labor Compliance Advisor designated under subsection
(d), shall consider information provided by the offeror
under this subsection in determining whether the
offeror is a responsible source with a satisfactory
record of integrity and business ethics. The
determination shall be based on the guidance reissued
under subsection (e)(2)(A) and the final rule reissued
under subsection (e)(1).
(3) Referral of information to suspension and debarment
officials.--As appropriate, contracting officers, in
consultation with their executive agency's Labor Compliance
Advisor, shall refer matters related to information provided
under subparagraphs (A) and (B) of paragraph (1) to the
executive agency's suspension and debarment official in
accordance with agency procedures.
(c) Post-Award Contract Actions.--
(1) Information updates.--The contracting officer for a
covered contract shall require that the contractor update the
information provided under subparagraphs (A) and (B) of
subsection (b)(1) every 6 months.
(2) Corrective actions.--
(A) Prime contract.--The contracting officer, in
consultation with the Labor Compliance Advisor
designated pursuant to subsection (d), shall determine
whether any information provided under paragraph (1)
warrants corrective action. Such action may include--
(i) an agreement requiring appropriate
remedial measures;
(ii) compliance assistance;
(iii) resolving issues to avoid further
violations;
(iv) the decision not to exercise an option
on a contract or to terminate the contract; or
(v) referral to the agency suspending and
debarring official.
(B) Subcontracts.--The prime contractor for a
covered contract, in consultation with the Labor
Compliance Advisor, shall determine whether any
information provided under subsection (b)(1)(B)
warrants corrective action, including remedial
measures, compliance assistance, and resolving issues
to avoid further violations.
(C) Department of labor.--The Secretary of Labor
shall, as appropriate, inform executive agencies of its
investigations of contractors and subcontractors on
covered contracts for purposes of determining the
appropriateness of actions described under
subparagraphs (A) and (B).
(d) Labor Compliance Advisors.--
(1) In general.--Each executive agency shall designate a
senior official to act as the agency's Labor Compliance
Advisor.
(2) Duties.--The Labor Compliance Advisor shall--
(A) meet quarterly with the Deputy Secretary,
Deputy Administrator, or equivalent executive agency
official with regard to matters covered under this
section;
(B) work with the acquisition workforce, agency
officials, and agency contractors to promote greater
awareness and understanding of the requirements of the
labor and civil rights laws listed in subsection
(b)(1)(A), including record keeping, reporting, and
notice requirements, as well as best practices for
obtaining compliance with these requirements;
(C) coordinate assistance for executive agency
contractors seeking help in addressing and preventing
violations of such laws;
(D) in consultation with the Secretary of Labor or
other relevant enforcement agencies, and pursuant to
subsection (b)(2) as necessary, provide assistance to
contracting officers regarding appropriate actions to
be taken in response to violations of the labor or
civil rights laws listed in subsection (b)(1)(A)
identified prior to or after contracts are awarded, and
address complaints in a timely manner, by--
(i) providing assistance to contracting
officers and other executive agency officials
in reviewing the information provided under
paragraphs (1) and (2) of subsection (b) and
subsection (c)(1), or other information
indicating such a violation, in order to assess
the serious, repeated, willful, or pervasive
nature of any such violation and evaluate steps
contractors have taken to correct such
violations or improve compliance with relevant
requirements;
(ii) helping agency officials determine the
appropriate response to address violations of
the labor or civil rights laws listed in
subsection (b)(1)(A) or other information
indicating such a violation (particularly a
serious, repeated, willful, or pervasive
violation), including an agreement requiring
appropriate remedial measures, a decision not
to award a contract or exercise an option on a
contract, contract termination, or a referral
to the executive agency suspension and
debarment official;
(iii) providing assistance to appropriate
executive agency officials in receiving and
responding to, or making referrals of,
complaints alleging violations by agency
contractors and subcontractors of the labor or
civil rights laws listed in subsection
(b)(1)(A); and
(iv) supporting contracting officers,
suspension and debarment officials, and other
agency officials in the coordination of actions
taken pursuant to this subsection to ensure
agency-wide consistency, to the extent
practicable;
(E) as appropriate, send information to agency
suspension and debarment officials in accordance with
agency procedures;
(F) consult with the agency's Chief Acquisition
Officer and Senior Procurement Executive, and the
Department of Labor and other relevant enforcement
agencies as necessary, in the development of
regulations, policies, and guidance addressing
compliance by contractors and subcontractors with the
labor and civil rights laws listed in subsection
(b)(1)(A);
(G) make recommendations to the agency to
strengthen agency management of contractor compliance
with such labor and civil rights laws;
(H) publicly report, on an annual basis, a summary
of agency actions taken to promote greater compliance
with such laws, including the agency's response under
this section to serious, repeated, willful, or
pervasive violations of such laws; and
(I) participate in the interagency meetings
regularly convened by the Secretary of Labor under
subsection (e)(2)(B)(iii).
(e) Measures To Ensure Governmentwide Consistency.--
(1) Federal acquisition regulation.--
(A) In general.--Notwithstanding the Joint
Resolution disapproving the rule submitted by the
Department of Defense, the General Services
Administration, and the National Aeronautics and Space
Administration relating to the Federal Acquisition
Regulation (Public Law 115-11; 131 Stat. 75) and
section 553 of title 5, United States Code, not later
than 1 year after the date of enactment of this Act,
the Secretary of Defense, the Administrator of the
General Services Administration, and the Administrator
of the National Aeronautics and Space Administration
shall reissue the final rule entitled ``Federal
Acquisition Regulation; Fair Pay and Safe Workplaces''
(81 Fed. Reg. 58562 (Aug. 25, 2016)), subject to
subparagraph (B).
(B) Updated dates.--The agencies described in
subparagraph (A) may, in reissuing the final rule under
such subparagraph--
(i) update any date provided in such final
rule as reasonable and necessary; and
(ii) revise any provision in such rule for
consistency with the requirements of this
section.
(2) Department of labor.--
(A) Guidance.--Not later than 1 year after the date
of enactment of this Act, the Secretary of Labor shall
reissue the guidance entitled ``Guidance for Executive
Order 13673, `Fair Pay and Safe Workplaces''' (81 Fed.
Reg. 58654 (Aug. 25, 2016)). In reissuing such
guidance, the Secretary of Labor may--
(i) update any date provided in such
guidance as reasonable and necessary; and
(ii) revise any provision in such guidance
for consistency with the requirements of this
section.
(B) Additional activities.--The Secretary of Labor
shall--
(i) develop a process--
(I) for the Labor Compliance
Advisors designated pursuant to
subsection (d) to consult with the
Secretary of Labor in carrying out the
responsibilities of such Labor
Compliance Advisors under subsection
(d)(2)(D);
(II) by which contracting officers
and Labor Compliance Advisors may give
appropriate consideration to
determinations and agreements made by
the Secretary of Labor and the heads of
other executive agencies; and
(III) by which contractors may
enter into agreements with the
Secretary of Labor, or the head of
another executive agency, prior to
being considered for a contract;
(ii) review data collection requirements
and processes, and work with the Director of
the Office of Management and Budget, the
Administrator of General Services, and other
agency heads to improve such requirements and
processes, as necessary, to reduce the burden
on contractors and increase the amount of
information available to executive agencies;
(iii) regularly convene interagency
meetings of Labor Compliance Advisors to share
and promote best practices for improving
compliance with the labor and civil rights laws
listed in subsection (b)(1)(A); and
(iv) designate an appropriate contact for
executive agencies seeking to consult with the
Secretary of Labor with respect to the
requirements and activities under this section.
(3) Office of management and budget.--The Director of the
Office of Management and Budget shall--
(A) work with the Administrator of General Services
to include in the Federal Awardee Performance and
Integrity Information System the information provided
by contractors pursuant to subsections (b)(1)(A) and
(c)(1) and data on the resolution of any issues related
to such information; and
(B) designate an appropriate contact for agencies
seeking to consult with the Office of Management and
Budget on matters arising under this section.
(4) General services administration.--
(A) In general.--The Administrator of General
Services, in consultation with other relevant executive
agencies, shall establish a single internet website for
Federal contractors to use for all Federal contract
reporting requirements under this section, as well as
any other Federal contract reporting requirements to
the extent practicable.
(B) Agency cooperation.--The heads of executive
agencies with covered contracts shall provide the
Administrator of General Services with the data
necessary to maintain the internet website established
under subparagraph (A).
(5) Minimizing compliance burden.--After reissuing the
guidance under paragraph (2)(A) or the final rule under
paragraph (1), the Secretary of Labor or the Secretary of
Defense, the Administrator of the General Services
Administration, and the Administrator of the National
Aeronautics and Space Administration may, respectively, amend
such guidance or final rule consistent with the requirements
under chapter 5 of title 5, United States Code.
(f) Implementing Regulations.--Not later than 9 months after the
date of enactment of this Act, the Federal Acquisition Regulatory
Council shall amend the Federal Acquisition Regulation to carry out the
provisions of this section.
(g) Rules of Construction.--Nothing in this section shall be
construed as--
(1) impairing or otherwise affecting the authority granted
by law to an executive agency or the head thereof; or
(2) impairing or otherwise affecting the functions of the
Director of the Office of Management and Budget relating to
budgetary, administrative, or legislative proposals.
TITLE IV--NATIONWIDE GRANTS TO PREVENT AND RESPOND TO WORKPLACE
DISCRIMINATION, INCLUDING HARASSMENT
SEC. 401. DEFINITIONS.
In this title:
(1) Commission.--The term ``Commission'' means the Equal
Employment Opportunity Commission.
(2) Covered establishment.--The term ``covered
establishment'' has the meaning given the term in section
302(a)(2).
(3) Employment discrimination.--The term ``employment
discrimination'' means discrimination that is in violation of
applicable Federal, State, or local employment law, including
each of the following:
(A) Title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.).
(B) The Government Employee Rights Act of 1991 (42
U.S.C. 2000e-16a et seq.).
(C) The Congressional Accountability Act of 1995 (2
U.S.C. 1301 et seq.).
(D) Subchapter II of chapter 5 of title 3, United
States Code.
(E) The Age Discrimination in Employment Act of
1967 (29 U.S.C. 621 et seq.).
(F) Title I and section 503 (for violations with
respect to that title) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12111 et seq.;
12203).
(G) Sections 501 and 505 of the Rehabilitation Act
of 1973 (29 U.S.C. 791, 794a).
(H) Section 6(d) of the Fair Labor Standards Act of
1938 (commonly known as the ``Equal Pay Act of 1963'')
(29 U.S.C. 206(d)).
(I) Title II of the Genetic Information
Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et
seq.).
(J) Section 4311 of title 38, United States Code.
(K) The Pregnant Workers Fairness Act (42 U.S.C.
2000gg et seq.).
(L) Other Federal, State, or local employment law.
(4) Employer.--The term ``employer'' has the meaning given
the term in section 302(a)(5).
(5) Worker.--The term ``worker'' has the meaning given the
term in section 302(a)(8).
Subtitle A--National Grants for Preventing and Addressing Employment
Discrimination, Including Harassment
SEC. 411. DEFINITIONS.
In this subtitle:
(1) Director.--The term ``Director'' means the Director of
the Women's Bureau of the Department of Labor.
(2) Eligible entity.--The term ``eligible entity'' means
any of the following:
(A) A nonprofit organization, including a
community-based organization, nonprofit legal aid
organization, or labor organization, that provides
services and support to workers, including by assisting
workers in filing charges of employment discrimination.
(B) An institution of higher education, as defined
in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
SEC. 412. GRANTS.
(a) Grants.--The Director, in consultation with the Commission,
shall award grants under this section, on a competitive basis, to
eligible entities to assist such entities in carrying out a program for
preventing and addressing employment discrimination, including
harassment, through activities authorized under subsection (b).
(b) Use of Funds.--
(1) Permissible activities.--A grant awarded under this
section shall be used for activities to prevent and address
employment discrimination, including harassment, which may
include--
(A) educating workers about their rights related to
employment discrimination, including harassment;
(B) educating employers and covered establishments
about their obligations to prevent and address
employment discrimination, including harassment;
(C) providing assistance to workers in bringing
complaints (including filing charges) of employment
discrimination, including harassment;
(D) establishing networks for education,
communication, and participation in the workplace and
community;
(E) monitoring compliance of employers and covered
establishments with Federal, State, and local civil
rights, labor, and employment laws;
(F) recruiting and hiring of staff and volunteers;
and
(G) any other activity the Director, in
consultation with the Commission, may reasonably
prescribe for the purpose of preventing and addressing
employment discrimination, including harassment.
(2) Prohibited activities.--Notwithstanding paragraph (1),
an eligible entity receiving a grant under this section may not
use the grant funds for any purpose reasonably prohibited by
the Director, in consultation with the Commission, through
notice and comment rulemaking.
(c) Term of Grants.--Each grant awarded under this section shall be
available for expenditure for a period not to exceed 3 years.
(d) Applications.--
(1) In general.--An eligible entity seeking a grant under
this section shall submit an application for such grant to the
Director in accordance with this subsection.
(2) Partnerships.--Multiple eligible entities may submit a
joint application under this subsection that designates a
single entity as the lead entity for the purposes of receiving
and disbursing funds received through a grant under this
section.
(3) Contents.--An application under this subsection shall
include--
(A) a description of a plan for the program that
the eligible entity proposes to carry out with a grant
under this section, including a long-term strategy and
detailed implementation plan;
(B) information on the prevalence of violations of
prohibitions on employment discrimination, including
harassment, in the population served by the eligible
entity;
(C) information on any industry or geographic area
targeted by the plan for such program;
(D) information on the type of outreach and
relationship building that will be conducted under such
program;
(E) information on the training and education that
will be provided to workers, employers, and covered
establishments under such program; and
(F) the method by which the eligible entity will
measure the results of such program.
(e) Selection.--
(1) Competitive basis.--In accordance with this section,
the Director, in consultation with the Commission, shall, on a
competitive basis, select grant recipients from among eligible
entities that have submitted an application meeting the
requirements under subsection (d).
(2) Priority.--The Director, in consultation with the
Commission, in selecting grant recipients under paragraph (1),
shall give priority to eligible entities that--
(A) serve workers in any industry or geographic
area that is most highly at risk for employment
discrimination, including harassment, as identified by
the Director, in consultation with the Commission; and
(B) demonstrate past and ongoing work to prevent
employment discrimination, including harassment.
(f) Performance Evaluations.--
(1) In general.--Each grant recipient under this section
shall develop procedures for reporting, monitoring, measuring,
and evaluating the activities of each program or activity
funded under this section.
(2) Guidelines.--The procedures required under paragraph
(1) shall be in accordance with guidelines established by the
Director, in consultation with the Commission.
SEC. 413. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Director such sums
as may be necessary to carry out this subtitle.
Subtitle B--Grants for Legal Assistance for Low-Income Workers
SEC. 421. DEFINITIONS.
In this subtitle:
(1) Covered client.--The term ``covered client'' means an
individual who--
(A) is an eligible client; and
(B) faces legal issues related to harassment or
other employment discrimination.
(2) Eligible client.--The term ``eligible client'' has the
meaning given the term in section 1002 of the Legal Services
Corporation Act (42 U.S.C. 2996a) and the regulations of the
Legal Services Corporation.
(3) Eligible entity.--The term ``eligible entity'' means--
(A) a nonprofit organization; and
(B) an individual who is licensed to practice law.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
SEC. 422. GRANTS FOR CIVIL LEGAL NEEDS RELATED TO EMPLOYMENT
DISCRIMINATION.
(a) Grants Authorized.--
(1) In general.--The Secretary is authorized to provide
financial assistance to eligible entities to enable those
eligible entities to provide for the civil legal needs of
covered clients that are related to employment discrimination,
and to provide for those clients such other services as are
necessary to carry out the purposes of this subtitle, including
any of the following activities:
(A) Providing covered clients advice, legal
services, or representation.
(B) Assisting covered clients in utilizing the
employment discrimination complaint process of the
Commission or any other Federal, State, or local agency
enforcing an employment discrimination law.
(C) Assisting covered clients in utilizing a
private employment discrimination complaint process.
(D) Conducting outreach activities to publicize the
services offered under this section.
(2) Citizenship status.--An eligible entity receiving a
grant under this section shall provide services to a covered
client without regard to the citizenship status or
authorization to work of the covered client.
(b) Application.--In order to be eligible to receive a grant under
this section, an eligible entity shall submit an application to the
Secretary at such time and in such manner as the Secretary may require.
Such application shall include--
(1) a description of the services that the eligible entity
proposes to provide, implement, improve, or expand;
(2) a description of the covered clients the eligible
entity intends to serve;
(3) evidence of the eligible entity's capacity to provide
services to covered clients, such as the eligible entity's
record of success representing eligible clients in legal
matters relating to employment discrimination, or the eligible
entity's prior experience serving clients who cannot afford
legal counsel;
(4) an explanation of how the services the eligible entity
intends to provide will assist covered clients in addressing
legal issues related to employment discrimination; and
(5) any other information that the Secretary may require.
(c) Award Basis.--The Secretary shall, in consultation with the
Legal Services Corporation, award and oversee grants under this section
pursuant to such procedures and criteria as the Secretary may require.
Such procedures and criteria shall include consideration of--
(1) whether the eligible entity has demonstrated an
understanding of the legal needs of covered clients;
(2) the eligible entity's capacity to provide services to
covered clients, which may be demonstrated through evidence
described in subsection (b)(3);
(3) the eligible entity's knowledge of applicable Federal,
State, and local employment discrimination laws;
(4) the eligible entity's capacity and ability to access
other resources;
(5) the eligible entity's ability to ensure continuity of
service to covered clients with pending legal issues; and
(6) other factors that the Secretary determines are
relevant.
(d) Equitable Distribution.--To the extent practicable, in awarding
grants under this section, the Secretary, in consultation with the
Legal Services Corporation, shall ensure that the grants are made so as
to provide the most economical and effective delivery of services
described in subsection (a)(1) to covered clients in both urban and
rural areas, with consideration of the geographic distribution of
persons in poverty.
(e) Duration of the Grant.--
(1) In general.--A grant under this section shall be for a
term of not less than 1 year and not more than 5 years.
(2) Renewal.--The Secretary may renew a grant awarded under
this section for a period of not more than 2 additional years
if the eligible entity demonstrates that the eligible entity is
effectively using funds and that the renewal of the grant will
allow the eligible entity to scale up the provision of
services, replicate the program involved, or provide continuity
of service to covered clients.
(f) Report.--Not later than 2 years after the date of enactment of
this section, the Secretary shall provide to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Education and the Workforce of the House of Representatives a report on
the implementation of the grant program under this section, including--
(1) a description of the services provided using grant
assistance under this section, including a detailed description
of the types of legal issues addressed by eligible entities and
the number of covered clients served; and
(2) an assessment of the number of individuals facing one
or more legal issues related to employment discrimination who
cannot afford adequate legal counsel, and the largest areas of
unmet need for that counsel.
SEC. 423. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle
such sums as may be necessary.
Subtitle C--Grants for a System of State Advocacy
SEC. 431. PURPOSE.
The purpose of this subtitle is to provide allotments to support a
system of advocacy (referred to in this subtitle as a ``system'') in
each State to protect the legal and human rights of workers in
accordance with applicable Federal, State, and local employment
discrimination law.
SEC. 432. DEFINITIONS.
In this subtitle:
(1) Record.--The term ``record'' includes--
(A) a report prepared by an employer, covered
establishment, or staff person charged with
investigating reports of employment discrimination that
describes incidents of possible discrimination and the
steps taken to investigate those incidents;
(B) statistical information related to employment
decisions and the race, sex (including sexual
orientation and gender identity), religion, national
origin, age, disability, genetic information, or other
protected characteristics of workers;
(C) records described in section 11(c) of the Fair
Labor Standards Act (29 U.S.C. 211(c)); and
(D) any such similar record, as may be necessary to
carry out the purposes of this subtitle.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(3) State.--The term ``State'', except as otherwise
provided, includes, in addition to each of the several States
of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
SEC. 433. ALLOTMENTS AND PAYMENTS.
(a) Allotments.--
(1) In general.--To assist States in carrying out a system
meeting the requirements under section 434, including the
activities for which the system has authority as described in
that section, the Secretary shall make allotments, on a fiscal
year basis, to States from the amounts appropriated under
section 436 and not reserved under paragraph (5).
(2) Minimum allotments.--In any case in which--
(A) the total amount appropriated under section 436
for a fiscal year is not less than $20,000,000, the
allotment under paragraph (1) for such fiscal year--
(i) to each of American Samoa, Guam, the
United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands
may not be less than $100,000; and
(ii) to any State not described in clause
(i) may not be less than $200,000; and
(B) the total amount appropriated under section 436
for a fiscal year is less than $20,000,000, the
allotment under paragraph (1) for such fiscal year--
(i) to each of American Samoa, Guam, the
United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands
may not be less than $50,000; and
(ii) to any State not described in clause
(i) may not be less than $150,000.
(3) Reduction of allotment.--Notwithstanding paragraphs (1)
and (2), if the aggregate of the amounts to be allotted to the
States pursuant to such paragraphs for any fiscal year exceeds
the total amount appropriated for such allotments under section
436 for such fiscal year, the amount to be allotted to each
State for such fiscal year shall be proportionately reduced.
(4) Increase in allotments.--If the sum appropriated under
section 436 and not reserved under paragraph (5) for any fiscal
year exceeds the aggregate of the minimum allotments for all
States under this subsection for that fiscal year, such excess
amount shall be allotted among the States, including American
Samoa, Guam, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands, so as to increase
proportionately the minimum allotment for each State.
(5) Technical assistance; american indian consortiums.--In
any case in which the total amount appropriated under section
436 for a fiscal year is more than $24,500,000, the Secretary
shall--
(A) use not more than 2 percent of the amount
appropriated to provide technical assistance to systems
that meet the requirements under section 434 with
respect to activities carried out under this subtitle
(consistent with requests by such systems for such
assistance for the year); and
(B) provide a grant in accordance with section
434(d) and in an amount described in paragraph
(2)(A)(i), to an American Indian consortium to provide
protection and advocacy services.
(6) Reallotments.--
(A) In general.--If the Secretary determines that
an amount of an allotment to a State for a use in a
fiscal year (or the following fiscal year, as provided
in subsection (c)) will not be required by the State
during the fiscal year (or during such following fiscal
year) for the purpose for which the allotment was made,
the Secretary shall reallot the amount as described in
this paragraph.
(B) Timing.--The Secretary may make such a
reallotment from time to time, on such date as the
Secretary may fix, but not earlier than 30 days after
the Secretary has published notice of the intention of
the Secretary to make the reallotment in the Federal
Register.
(C) Amounts.--The Secretary shall reallot the
amount to other States with respect to which the
Secretary has not made the determination described in
subparagraph (A). The Secretary shall reallot that
amount in proportion to the original allotments of the
other States for such fiscal year, but shall reduce
such proportionate amount for any of the other States
by the sum (if any) of the proportionate amount that
exceeds the total that the Secretary estimates the
State needs and will be able to use in a fiscal year
(or the following fiscal year, as provided in
subsection (c)) and shall proportionately reallot such
sum to the remaining States.
(D) Treatment.--Any amount reallotted to a State
under this subsection for a fiscal year shall be deemed
to be a part of the allotment of the State under
paragraph (1) for such fiscal year.
(b) Payment to Systems.--The Secretary shall pay directly to each
State that has a system in the State that complies with the provisions
of this subtitle the amount of the allotment made for the State under
this section, unless the system specifies otherwise, to be used in
support of the system.
(c) Unobligated Funds.--Any amount paid to a State under this
subtitle for a fiscal year and remaining unobligated at the end of such
year shall remain available to such State for the next fiscal year, for
the purposes for which such amount was paid.
SEC. 434. SYSTEM REQUIRED.
(a) In General.--In order for a State to receive an allotment under
this subtitle, the State shall--
(1) have in effect a system to protect and advocate for the
rights of workers within the State who are or who may be
eligible for relief from applicable employment discrimination
laws; and
(2) designate a private nonprofit entity (referred to in
this subtitle as an ``lead entity'') to support and carry out
the activities of that system.
(b) Lead Entity Requirements.--
(1) Characteristics of lead entity.--The State shall ensure
that the lead entity designated under subsection (a) shall--
(A) not be administered by the State, or an agency
or instrumentality of a State; and
(B) be independent of any entity that represents
the interest of the State, employers, covered
establishments, or other corporations.
(2) No redesignation of lead entity.--The lead entity
designated under subsection (a) shall not be redesignated
unless--
(A) there is good cause for the redesignation;
(B) the State has given the lead entity notice of
the intention to make such redesignation, including
notice regarding the good cause for such redesignation,
and given the lead entity an opportunity to respond to
the assertion that good cause has been shown;
(C) the lead entity has given timely notice of the
intended redesignation directly to clients of the lead
entity;
(D) the State has provided, in plain English and in
accessible formats for individuals with disabilities
and for individuals who primarily speak a language
other than English, an opportunity for public comment;
and
(E) the lead entity has an opportunity to appeal
the redesignation to the Secretary, on the basis that
the redesignation was not for good cause.
(3) Costs of notice.--The costs of the notice required
under paragraph (2)(C) shall be paid by the State.
(c) System Required.--The system described in subsection (a)
shall--
(1) have the authority to--
(A) pursue legal, administrative, and other
appropriate remedies or approaches, as applicable, to
ensure the protection of, and advocacy for, the rights
of individuals within the State who are or who may be
eligible for relief from employment discrimination; and
(B) provide information on and referral to programs
and services addressing the needs of such individuals;
(2) have the authority--
(A) to investigate incidents of employment
discrimination, including harassment, and to conduct
investigations of systemic employment discrimination,
of such individuals if the incidents are reported to
the lead entity or if there is probable cause to
believe that the incidents occurred; and
(B) to, as necessary and appropriate, investigate
and gather data regarding the wages, hours, and other
conditions and practices of employment, enter and
inspect such places and such records (and make such
transcriptions thereof), question individuals described
in paragraph (1)(A), and investigate facts, conditions,
practices, or matters;
(3) on an annual basis, develop, submit to the Secretary,
and take action with regard to goals and priorities developed
through data driven strategic planning for the system's
activities;
(4) on an annual basis, provide to the public, including
individuals described in paragraph (1)(A), the regional office
of the Commission that serves the State, and any State agency
whose purpose is to reduce, eliminate, or redress employment
discrimination, an opportunity to comment on--
(A) the goals and priorities established by the
lead entity and the rationale for the establishment of
such goals; and
(B) the activities of the lead entity, including
the coordination of services with the District office
of the Commission that serves the State, any State
agency whose purpose is to reduce, eliminate, or
redress employment discrimination, and entities
carrying out other related programs;
(5) establish a grievance procedure for clients or
prospective clients of the lead entity to ensure that
individuals described in paragraph (1)(A) have full access to
services of the lead entity;
(6) have access at reasonable times to any individual
described in paragraph (1)(A) in a location in which services
and other assistance are provided to such an individual, in
order to carry out the purpose of this subtitle;
(7) have access, not later than 3 business days after the
lead entity makes a written request, to the records of any
individual described in paragraph (1)(A) (including Federal and
State workers) who is a client of the lead entity if such
individual, or other legal representative of such individual,
has authorized the lead entity to have such access;
(8) hire and maintain sufficient numbers and types of staff
(qualified by training and experience) to carry out the lead
entity's functions, except that the State involved shall not
apply hiring freezes, reductions in force, prohibitions on
travel, or other policies to the staff of the lead entity, to
the extent that such policies would impact the staff or
functions of the lead entity funded with Federal funds or would
prevent the lead entity from carrying out the functions of the
system under this subtitle;
(9) have the authority to educate policymakers; and
(10) provide assurances to the Secretary that funds
allotted to the State under section 433 will be used to
supplement, and not supplant, the non-Federal funds that would
otherwise be made available for the purposes for which the
allotted funds are provided.
(d) American Indian Consortium.--
(1) In general.--Upon application to the Secretary, the
Secretary shall allot funds to one or more American Indian
consortiums established to provide services under this
subtitle, in accordance with section 433(a)(5). Such funds
shall be used to support services under this subtitle.
(2) Coordination of systems.--An American Indian consortium
under paragraph (1) shall be considered to be a system for
purposes of this subtitle and shall coordinate those services
with other systems serving the same geographic area.
(3) Responsible party.--The Tribal council that designates
the consortium shall carry out the responsibilities and
exercise the authorities specified for a State in this
subtitle, with regard to the consortium.
SEC. 435. ADMINISTRATION.
(a) Governing Board.--The system described in section 434 shall be
organized as a private nonprofit entity with a multimember governing
board, and such governing board shall be selected according to the
policies and procedures of the system, except that--
(1) the governing board shall be composed of members who
broadly represent or are knowledgeable about the needs of the
individuals served by the system;
(2) a majority of the members of the board shall be--
(A) attorneys representing the interests of
workers;
(B) advocates for workers with experience working
to protect or expand workers' rights; or
(C) workers who have experienced employment
discrimination;
(3) not more than \1/3\ of the members of the governing
board may be appointed by the chief executive officer of the
State involved, in the case of any State in which such officer
has the authority to appoint members of the board;
(4) the membership of the governing board shall be subject
to term limits set by the system to ensure rotating membership;
and
(5) any vacancy in the board shall be filled not later than
60 days after the date on which the vacancy occurs.
(b) Legal Action.--
(1) In general.--Nothing in this subtitle shall preclude a
system from bringing a suit on behalf of individuals described
in section 434(c)(1)(A) against a State, or an agency or
instrumentality of a State.
(2) Use of amounts from judgment.--An amount received
pursuant to a suit described in paragraph (1) through a court
judgment may only be used by the system to further the purpose
of this subtitle and shall not be used to augment payments to
legal contractors or to award personal bonuses.
(c) Public Notice of Federal Onsite Review.--The Secretary shall
provide advance public notice of, and solicit public comments
regarding, any Federal programmatic or administrative onsite review of
a system conducted under this subtitle. The Secretary shall prepare an
onsite visit report containing the results of such review, which shall
be distributed to the Governor of the State and to other interested
public and private parties. The comments received in response to the
notice and public comment solicitation shall be included in the onsite
visit report.
(d) Reports.--
(1) In general.--Beginning for the fiscal year after the
fiscal year during which this Act is enacted, each system
established in a State pursuant to this subtitle shall annually
prepare and transmit to the Secretary a report that describes
the activities, accomplishments, and expenditures of the system
during the preceding fiscal year, including--
(A) a description of the system's goals, the extent
to which the goals were achieved, and barriers to that
achievement; and
(B) the process used to obtain public input, the
nature of such input, and how such input was used.
(2) Disclosure of information.--For purposes of the report
described in paragraph (1), the Secretary shall not require the
system to disclose the identity of, or any other personally
identifiable information related to, any individual requesting
assistance from the system.
SEC. 436. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for allotments under
section 433 such sums as may be necessary.
TITLE V--GENERAL PROVISIONS
SEC. 501. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act
and the amendments made by this Act, and the application of the
provision or amendment to any other person or circumstance, shall not
be affected.
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