,i #aacth ,,congress #b;d ,session ,h4 ,r4 #cigb ,,in ,,the ,,house ,,of ,,representatives ,january #bi1 #bjad,ms4 ,de,lauro 7for herself and ,mr4 ,johnson of ,georgia7 introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce ,a ,,bill ,to prohibit discrimination in employment on the basis of an individual's status or history of unemployment4 #a4 ,short title ,this ,act may be cited as the ,fair ,employment ,opportunity ,act of #bjad4 #b4 ,findings and purpose 7a7 ,findings ,congress finds that denial of employment opportunities to individuals because they are or have been unemployed is discriminatory and burdens commerce by-- 7#a7 reducing personal consumption and undermining economic stability and growth2 7#b7 squandering human capital essential to the ,nation's economic vibrancy and growth2 7#c7 increasing demands for ,state and ,federal unemployment insurance benefits1 reducing trust fund assets1 and leading to higher payroll taxes for employers1 cuts in benefits for jobless workers1 or both2 7#d7 imposing additional burdens on publicly funded health and welfare programs2 and 7#e7 depressing income1 property1 and other tax revenues that ,states1 localities and the ,federal ,government rely on to support operations and institutions essential to commerce4 7b7 ,purpose ,the purpose of this ,act is to prohibit consideration of an individual's status as unemployed in screening for or filling positions except where a requirement related to employment status is a bona fide occupational qualification reasonably necessary to successful performance in the job and to eliminate the burdens imposed on commerce by excluding such individuals from employment4 #c4 ,definitions ,as used in this ,act-- 7#a7 the term employer means any person engaged in commerce or any industry or activity affecting commerce who has #ae or more employees for each working day in each of #bj or more calendar weeks in the current or preceding calendar year1 and includes-- 7,a7 any person who acts1 directly or indirectly1 in the interest of an employer with respect to employing individuals to work for the employer2 and 7,b7 any successor in interest of an employer2 7#b7 the term employment agency means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for individuals opportunities to work for an employer and includes an agent of such a person1 and includes any person who maintains an ,internet website that publishes advertisements or announcements of job openings2 7#c7 the term affected individual means any person who was refused consideration for employment or was not hired by an employer because of the person's current employment status1 or any person who was not considered1 screened1 or referred for employment opportunities by an employment agency because of the person's current employment status2 7#d7 the term status as unemployed means an individual's present or past unemployment regardless of the length of time such individual was unemployed2 and 7#e7 the term ,secretary means the ,secretary of ,labor4 #d4 ,prohibited acts 7a7 ,employers ,it shall be an unlawful practice for an employer to-- 7#a7 refuse to consider for employment or refuse to offer employment to an individual because of the individual's status as unemployed2 7#b7 publish in print1 on the ,internet1 or in any other medium1 an advertisement or announcement for any job that includes-- 7,a7 any provision stating or indicating that an individual's status as unemployed disqualifies the individual for a job2 and 7,b7 any provision stating or indicating that an employer will not consider an applicant for employment based on that individual's status as unemployed2 and 7#c7 direct or request that an employment agency take an individual's status as unemployed into account in screening or referring applicants for employment4 7b7 ,employment agencies ,it shall be an unlawful practice for an employment agency to-- 7#a7 refuse to consider or refer an individual for employment based on the individual's status as unemployed2 7#b7 limit1 segregate1 or classify individuals in any manner that may limit their access to information about jobs or referral for consideration of jobs because of their status as unemployed2 or 7#c7 publish1 in print or on the ,internet or in any other medium1 an advertisement or announcement for any job vacancy that includes-- 7,a7 any provision stating or indicating that an individual's status as unemployed disqualifies the individual for a job2 and 7,b7 any provision stating or indicating that an employer will not consider individuals for employment based on that individual's status as unemployed4 7c7 ,interference with rights1 proceedings or inquiries ,it shall be unlawful for any employer or employment agency to-- 7#a7 interfere with1 restrain1 or deny the exercise of or the attempt to exercise1 any right provided under this ,act2 or 7#b7 refuse to hire1 to discharge1 or in any other manner to discriminate against any individual because such individual-- 7,a7 opposed any practice made unlawful by this ,act2 7,b7 has filed any charge1 or has instituted or caused to be instituted any proceeding1 under or related to this ,act2 7,c7 has given1 or is about to give1 any information in connection with any inquiry or proceeding relating to any right provided under this ,act2 or 7,d7 has testified1 or is about to testify1 in any inquiry or proceeding relating to any right provided under this ,act4 7d7 ,bona fide occupational qualification ,notwithstanding any other provision of this ,act1 consideration by an employer or employment agency of an individual's status as unemployed shall not be an unlawful employment practice where an individual's employment in a similar or related job for a period of time reasonably proximate to the hiring of such individual is a bona fide occupational qualification reasonably necessary to successful performance of the job that is being filled4 #e4 ,enforcement 7a7 ,civil action by individual 7#a7 ,liability for employers and employment agencies ,any employer or employment agency that violates sections #d7;a7 and 7b7 shall be liable to any affected individual-- 7,a7 for actual damages equal to-- 7i7 the amount of-- 7,i7 any wages1 salary1 employment benefits1 or other compensation denied or lost to such individual by reason of the violation2 or 7,,ii7 in a case in which wages1 salary1 employment benefits1 or other compensation have not been denied or lost to the individual1 any actual monetary losses sustained by the individual as a direct result of the violation or a civil penalty of #a1jjj per violation per day1 whichever is greater2 7ii7 the interest on the amount described in clause 7i7 calculated at the prevailing rate2 and 7iii7 an additional amount as liquidated damages equal to the sum of the amount described in clause 7i7 and the interest described in clause 7ii71 except that if an employer or employment agency that has violated section #d proves to the satisfaction of the court that the act or omission that violated section #d was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of section #d1 such court may1 in its discretion1 reduce the amount of the liability to the amount and interest determined under clauses 7i7 and 7ii71 respectively2 and 7,b7 for such equitable relief as may be appropriate1 including employment and compensatory and punitive damages4 7#b7 ,right of action ,an action to recover the damages or equitable relief prescribed in paragraph 7#a7 of this subsection may be maintained against any employer or employment agency in any ,federal or ,state court of competent jurisdiction by any one or more persons for and in behalf of-- 7,a7 the affected individual2 or 7,b7 the affected individual and other individuals similarly situated4 7#c7 ,fees and costs ,the court in such an action shall1 in addition to any judgment awarded to the plaintiff1 allow a reasonable attorney's fee1 reasonable expert witness fees1 and other costs of the action to be paid by the defendant4 7#d7 ,limitations ,the right provided by paragraph 7#b7 of this subsection to bring an action by or on behalf of any affected individual shall terminate-- 7,a7 on the filing of a complaint by the ,secretary in an action under subsection 7d7 in which restraint is sought of any violation of section #d2 or 7,b7 on the filing of a complaint by the ,secretary in an action under subsection 7b7 in which a recovery is sought of the damages described in paragraph 7#a77;,a7 owing to an affected individual by an employer or employment agency liable under paragraph 7#a71 unless the action described in subparagraph 7,a7 or 7,b7 is dismissed without prejudice on motion of the ,secretary4 7b7 ,action by the ,secretary 7#a7 ,administrative action ,the ,secretary shall receive1 investigate1 and attempt to resolve complaints of violations of section #d in the same manner that the ,secretary receives1 investigates1 and attempts to resolve complaints of violations of sections #f and #g of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf and #bjg74 7#b7 ,civil action ,the ,secretary may bring an action in any court of competent jurisdiction-- 7,a7 to enjoin violations of this title and seek other relief going forward necessary to prevent future violations2 and 7,b7 to recover-- 7i7 the damages described in subsection 7a77#a77;,a72 7ii7 in the case of a violation of section #d7;c71 a civil penalty of not less than #bej per violation2 or 7iii7 such other equitable relief the ,court deems appropriate4 7#c7 ,sums recovered ,any sums recovered by the ,secretary pursuant to paragraph 7#b77;,a7 shall be held in a special deposit account and shall be paid1 on order of the ,secretary1 directly to each affected individual4 ,any such sums recovered pursuant to paragraph 7#b77;,a7 that are not paid to an affected individual because of inability to do so within a period of #c years and any sums recovered pursuant to paragraph 7#b77;,b7 shall be deposited into the ,treasury of the ,united ,states as miscellaneous receipts4 7c7 ,limitation 7#a7 ,in general ,except as provided in paragraph 7#b71 an action under subsection 7a7 may be brought not later than #b years after the date of the last event constituting the alleged violation for which the action is brought1 provided that the limitations for filing an action shall be tolled during the period that the ,secretary is considering a complaint against any defendant named in a complaint filed with the ,secretary under subsection 7b77#a7 above4 7#b7 ,willful violation ,in the case of such action brought for a willful violation of section #d1 such action may be brought within #c years of the date of the last event constituting the alleged violation for which such action is brought1 provided that the limitations for filing an action by an individual shall be tolled during the period that the ,secretary is considering a complaint pursuant to subsection 7b77#a74 7#c7 ,commencement ,in determining when an action is commenced by the ,secretary under this section for the purposes of this subsection1 it shall be considered to be commenced on the date when the ,secretary files a complaint in a court of competent jurisdiction4 7d7 ,action for injunction by ,secretary ,the district courts of the ,united ,states shall have jurisdiction1 for cause shown1 in an action brought by the ,secretary-- 7#a7 to restrain violations of section #d2 and 7#b7 to award such other equitable relief as may be appropriate1 including employment and monetary damages4 7e7 ,solicitor of ,labor ,the ,solicitor of ,labor may appear for and represent the ,secretary on any litigation brought under this section4