,i  #aafth ,,congress  #ast ,session    
,h4 ,r4 #aeba  ,,in ,,the ,,house ,,of  
,,representatives  ,march #e1 #bjai,ms4 
,frankel 7for herself1 ,mr4 ,katko1 ,mr4
 ,nadler1 ,mr4 ,fitzpatrick1 ,ms4 ,blunt
 ,rochester1 ,ms4 ,underwood1 ,ms4      
,stefanik1 ,ms4 ,moore1 ,miss           
,gonzlez-,coln of ,puerto ,rico1 ,ms4   
,speier1 ,ms4 ,wasserman ,schultz1 ,ms4 
,wild1 ,mrs4 ,dingell1 ,ms4 ,haaland1   
,ms4 ,kuster of ,new ,hampshire1 ,mr4   
,de,saulnier1 ,mrs4 ,davis of           
,california1 ,ms4 ,clarke of ,new ,york1
 ,ms4 ,meng1 ,ms4 ,wilson of ,florida1  
,ms4 ,roybal-,allard1 ,mr4 ,lowenthal1  
,mrs4 ,demings1 ,ms4 ,lee of            
,california1 ,ms4 ,norton1 ,ms4         
,velzquez1 ,ms4 ,mc,collum1 ,mrs4       
,watson ,coleman1 ,ms4 ,jackson ,lee1   
,mr4 ,hastings1 ,mr4 ,casten of         
,illinois1 ,ms4 ,kaptur1 ,mr4 ,raskin1  
,ms4 ,dean1 ,ms4 ,schakowsky1 ,ms4 ,hill
 of ,california1 ,ms4 ,porter1 ,ms4     
,de,lauro1 ,mr4 ,cisneros1 ,ms4 ,castor 
of ,florida1 ,mrs4 ,lawrence1 ,mr4      

,cohen1 ,mr4 ,espaillat1 ,mr4 ,harder of
 ,california1 ,miss ,rice of ,new ,york1
 ,mr4 ,cooper1 ,mr4 ,rush1 ,ms4 ,johnson
 of ,texas1 ,ms4 ,omar1 ,mr4 ,sablan1   
,mr4 ,cox of ,california1 ,ms4 ,tlaib1  
,mr4 ,pocan1 ,ms4 ,clark of             
,massachusetts1 and ,ms4 ,pressley7     
introduced the following bill2 which was
 referred to the ,committee on          
,education and ,labor1 and in addition  
to the ,committees on ,ways and ,means1 
,financial ,services1 ,house            
,administration1 ,oversight and ,reform1
 and the ,judiciary1 for a period to be 
subsequently determined by the ,speaker1
 in each case for consideration of such 
provisions as fall within the           
jurisdiction of the committee concerned 
,a ,,bill  ,to deter1 prevent1 reduce1  
and respond to harassment in the        
workplace1 including sexual harassment1 
sexual assault1 and harassment based on 
protected categories2 and to amend the  
,internal ,revenue ,code of #aihf to    
modify the tax treatment of amounts     

related to employment discrimination and
 harassment in the workplace1 including 
sexual harassment1 sexual assault1 and  
harassment based on protected           
categories4  #a4 ,short title ,this ,act
 may be cited as the ,ending the        
,monopoly of ,power ,over ,workplace    
harassment through ,education and       
,reporting ,act or the ,,empower ,act4  
,i ,preventing and ,responding to       
,workplace ,harassment  #aja4 ,purpose  
and authority ,it is the purpose of this
 title1 through the exercise by         
,congress of its power to regulate      
commerce among the several ,states1 to  
deter1 prevent1 reduce1 and respond to  
harassment in the workplace1 including  
sexual harassment1 sexual assault1 and  
harassment based on other protected     
categories4  #ajb4 ,definitions ,in this
 title3 7#a7 ,applicant ,the term       
applicant means an applicant for        
employment as an employee1 independent  
contractor1 or outside worker4  7#b7    
,charge of ,discrimination ,the term    

,charge of ,discrimination means a      
charge of discrimination filed pursuant 
to section #gjf of the ,civil ,rights   
,act of #aifd 7#db ,u4,s4,c4            
#bjjj;e-#e74  7#c7 ,commission ,the term
 ,commission means the ,equal           
,employment ,opportunity ,commission4   
7#d7 ,employee ,the term employee       
means--  7,a7 an individual employed by 
an employer described in paragraph 7#e71
 including an outside worker in such    
individual's office or place of         
employment2  7,b7 an employee to which  
section #gjc1 #gjd or #gag7;a7 of the   
,civil ,rights ,act of #aifd 7#db       
,u4,s4,c4 #bjjj;e-#b2 #bjjj;e-#c2       
#bjjj;e-#af7;a77 applies1 including an  
outside worker in such an employee's    
office or place of employment2  7,c7 a  
,state employee to which section        
#cjb7;a77#a7 of the ,government         
,employee ,rights ,act of #aiia 7#db    
,u4,s4,c4 #bjjj;e-#af;b7a77#a77 applies1
 including an outside worker in such a  
,state employee's office or place of    

employment2 or  7,d7 a covered employee1
 as defined in section #aja of the      
,congressional ,accountability ,act of  
#aiie 7#b ,u4,s4,c4 #acja7 or section   
#daa7;c7 of title #c1 ,united ,states   
,code1 including an outside worker in   
such a covered employee's office or     
place of employment4  7#e7 ,employer    
,the term employer means-- 7,a7 a person
 engaged in an industry affecting       
commerce1 and any agent of such a       
person2  7,b7 an entity to which section
 #gjc1 #gjd1 or #gag7;a7 of the ,civil  
,rights ,act of #aifd applies2  7,c7 an 
employing authority to which section    
#cjb7;a77#a7 of the ,government         
,employee ,rights ,act of #aiia applies2
 or  7,d7 an employing office1 as       
defined in section #aja of the          
,congressional ,accountability ,act of  
#aiie or section #daa7;c7 of title #c1  
,united ,states ,code4  7#f7 ,fair      
employment practices agencies ,the term 
fair employment practices agencies means
 ,state and local agencies with the     

authority to enforce laws or regulations
 to prohibit discrimination in          
employment4  7#g7 ,independent          
contractor ,the term independent        
contractor means an individual who1 with
 respect to an employer1 is a contractor
 based on the common law of agency4     
7#h7 ,law enforcement agency ,the term  
law enforcement agency means a          
government agency with criminal or civil
 law enforcement powers1 which may      
include a government agency with        
regulatory or licensing authority4  7#i7
 ,nondisclosure clause ,the term        
nondisclosure clause means a provision  
in a contract or agreement establishing 
that the parties to the contract or     
agreement agree not to disclose         
information covered by the terms and    
conditions of the contract or agreement4
  7#aj7 ,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 the other4    
7#aa7 ,outside worker ,the term outside 
worker means-- 7,a7 a temporary worker  
hired through an employment agency 7as  
defined in section #gja of the ,civil   
,rights ,act of #aifd 7#db ,u4,s4,c4    
#bjjj;e77 to provide services to an     
employer pursuant to an agreement       
between the employment agency and the   
employer2  7,b7 an independent          
contractor for an employer or a         
subcontractor thereof2 or  7,c7 an      
intern or volunteer1 whether paid or    
unpaid1 for an employer4  7#ab7 ,sexual 
assault ,the term sexual assault means  
any nonconsensual sexual act proscribed 
by ,federal1 tribal1 or ,state law1     
including such an act that occurs when  
the victim lacks capacity to consent4   
7#ac7 ,subcontractor ,the term          
subcontractor means any employer having 
a contract with a prime contractor or   
another subcontractor calling for       
supplies or services required for the   
performance of a contract or a          

government contract4  7#ad7 ,workplace  
harassment ,the term workplace          
harassment means unwelcome or offensive 
conduct based on sex 7including such    
conduct based on sexual orientation1    
gender identity1 and pregnancy71 race1  
color1 national origin1 disability1 age1
 or religion1 whether that conduct      
occurs in-person or through an          
electronic medium 7which may include    
social media71 in a work or work-related
 context1 which affects any term1       
condition1 or privilege of employment4  
#ajc4 ,prohibiting nondisparagement and 
nondisclosure clauses that cover        
workplace harassment1 including sexual  
harassment  7a7 ,unlawful practices     
7#a7 ,prohibition on workplace          
harassment nondisclosure clause ,subject
 to subsection 7b77#a71 it shall be an  
unlawful practice for an employer to    
enter into a contract or agreement with 
an employee or applicant1 as a condition
 of employment1 promotion1 compensation1
 benefits1 or change in employment      

status or contractual relationship1 or  
as a term1 condition1 or privilege of   
employment1 if that contract or         
agreement contains a nondisparagement or
 nondisclosure clause that covers       
workplace harassment1 including sexual  
harassment or retaliation for reporting1
 resisting1 opposing1 or assisting in   
the investigation of workplace          
harassment4  7#b7 ,prohibition on       
enforcement ,notwithstanding any other  
provision of law1 it shall be an        
unlawful practice and otherwise unlawful
 for an employer to enforce or attempt  
to enforce a nondisparagement clause or 
nondisclosure clause described in       
paragraph 7#a74  7b7 ,settlement or     
separation agreements  7#a7 ,in ,general
 ,the provisions of subsection 7a7 do   
not apply to a nondisclosure clause or  
nondisparagement clause contained in a  
settlement agreement or separation      
agreement that resolves legal claims or 
disputes when--  7,a7 such legal claims 
accrued or such disputes arose before   

the settlement agreement or separation  
agreement was executed2 and  7,b7 such  
clauses are mutually agreed upon and    
mutually benefit both the employer and  
employee4  7#b7 ,unlawful practice ,it  
shall be an unlawful practice for an    
employer to unilaterally include a      
nondisclosure clause or a               
nondisparagement clause that solely     
benefits the employer in a separation or
 settlement agreement4  7c7 ,right ,to  
report reserved ,notwithstanding signing
 7before or after the effective date of 
this title7 any nondisparagement or     
nondisclosure clause including a clause 
referred to in subsection 7a77#a71 an   
employee or applicant retains any right 
that person would otherwise have had to 
report a concern about workplace        
harassment1 including sexual harassment 
or another violation of the law to the  
,commission1 another ,federal agency    
7including an office of the legislative 
or judicial branch71 a ,state or local  
fair employment practices agency or any 

,state or local agency1 or a law        
enforcement agency1 and any right that  
person would otherwise have had to bring
 an action in a court of the ,united    
,states4  7d7 ,enforcement  7#a7        
,enforcement powers ,with respect to the
 administration and enforcement of this 
section in the case of a claim alleged  
by an employee for a violation of this  
section--  7,a7 the ,commission shall   
have the same powers as the ,commission 
has to administer and enforce-- 7i7     
title ,,vii of the ,civil ,rights ,act  
of #aifd 7#db ,u4,s4,c4 #bjjj;e et      
seq472 or  7ii7 sections #cjb and #cjd  
of the ,government ,employee ,rights    
,act of #aiia 7#db ,u4,s4,c4            
#bjjj;e-#af;b and #bjjj;e-#af;c71  in   
the case of a claim alleged by such     
employee for a violation of such title1 
or of section #cjb7;a77#a7 of the       
,government ,employee ,rights ,act of   
#aiia 7#db ,u4,s4,c4                    
#bjjj;e-#af;b7a77#a771 respectively2    
7,b7 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 #aifd 7#db ,u4,s4,c4    
#bjjj;e et seq47 in the case of a claim 
alleged by such employee for a violation
 of such title2  7,c7 the ,board 7as    
defined in section #aja of the          
,congressional ,accountability ,act of  
#aiie 7#b ,u4,s4,c4 #acja77 shall have  
the same powers as the ,board has to    
administer and enforce the              
,congressional ,accountability ,act of  
#aiie 7#b ,u4,s4,c4 #acja et seq47 in   
the case of a claim alleged by such     
employee for a violation of section     
#bja7;a77#a7 of such ,act 7#b ,u4,s4,c4 
#acaa7;a77#a772  7,d7 the ,attorney     
,general shall have the same powers as  
the ,attorney ,general has to administer
 and enforce--  7i7 title ,,vii of the  
,civil ,rights ,act of #aifd 7#db       
,u4,s4,c4 #bjjj;e et seq472 or  7ii7    
sections #cjb and #cjd of the           
,government ,employee ,rights ,act of   

#aiia 7#db ,u4,s4,c4 #bjjj;e-#af;b and  
#bjjj;e-#af;c71  in the case of a claim 
alleged by such employee for a violation
 of such title1 or of section           
#cjb7;a77#a7 of the ,government         
,employee ,rights ,act of #aiia 7#db    
,u4,s4,c4 #bjjj;e-#af;b7a77#a771        
respectively2  7,e7 the ,president1 the 
,commission1 and the ,merit ,systems    
,protection ,board shall have the same  
powers as the ,president1 the           
,commission1 and the ,board1            
respectively1 have to administer and    
enforce chapter #e of title #c1 ,united 
,states ,code1 in the case of a claim   
alleged by such employee for a violation
 of section #daa of such title2  7,f7   
the ,commission shall have the same     
powers as described in subparagraph 7,a7
 to administer and enforce a claim by   
any employee who is not otherwise able  
to seek remedy for a claim through an   
enforcement entity described in         
subparagraph 7,a7 through 7,e72 and     
7,g7 a court of the ,united ,states     

shall have the same jurisdiction and    
powers as the court has to enforce--    
7i7 title ,,vii of the ,civil ,rights   
,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et 
seq47 in the case of a claim alleged by 
such employee for a violation of such   
title or in the case of a claim         
described in subparagraph 7,f72  7ii7   
sections #cjb and #cjd of the           
,government ,employee ,rights ,act of   
#aiia 7#db ,u4,s4,c4 #bjjj;e-#af;b and  
#bjjj;e-#af;c7 in the case of a claim   
alleged by such employee for a violation
 of section #cjb7;a77#a7 of such ,act   
7#db ,u4,s4,c4 #bjjj;e-#af;b7a77#a772   
7iii7 the ,congressional ,accountability
 ,act of #aiie 7#b ,u4,s4,c4 #acja et   
seq47 in the case of a claim alleged by 
such employee for a violation of section
 #bja7;a77#a7 of such ,act 7#b ,u4,s4,c4
 #acaa7;a77#a772 and  7iv7 chapter #e of
 title #c1 ,united ,states ,code1 in the
 case of a claim alleged by such        
employee for a violation of section #daa
 of such title4  7#b7 ,procedures and   

remedies ,the procedures and remedies   
applicable to a claim alleged by an     
employee for a violation of this section
 are--  7,a7 the procedures and remedies
 applicable for a violation of title    
,,vii of the ,civil ,rights ,act of     
#aifd 7#db ,u4,s4,c4 #bjjj;e et seq47 in
 the case of a claim alleged by such    
employee for a violation of such title  
or in the case of a claim described in  
paragraph 7#a77;,f72  7,b7 the          
procedures and remedies applicable for a
 violation of section #cjb7;a77#a7 of   
the ,government ,employee ,rights ,act  
of #aiia 7#db ,u4,s4,c4                 
#bjjj;e-#af;b7a77#a77 in the case of a  
claim alleged by such employee for a    
violation of such section2  7,c7 the    
procedures and remedies applicable for a
 violation of section #bja7;a77#a7 of   
the ,congressional ,accountability ,act 
of #aiie 7#b ,u4,s4,c4 #acaa7;a77#a77 in
 the case of a claim alleged by such    
employee for a violation of such        
section2 and  7,d7 the procedures and   

remedies applicable for a violation of  
section #daa of title #c1 ,united       
,states ,code1 in the case of a claim   
alleged by such employee for a violation
 of such section4  7#c7 ,other          
applicable provisions ,with respect to a
 claim alleged by a covered employee 7as
 defined in section #aja of the         
,congressional ,accountability ,act of  
#aiie 7#b ,u4,s4,c4 #acja77 for a       
violation of this section1 title ,,iii  
of the ,congressional ,accountability   
,act of #aiie 7#b ,u4,s4,c4 #acha et    
seq47 shall apply in the same manner as 
such title applies with respect to a    
claim alleged by such a covered employee
 for a violation of section #bja7;a77#a7
 of such ,act 7#b ,u4,s4,c4             
#acaa7;a77#a774  7e7 ,regulations  7#a7 
,in general ,except as provided in      
paragraphs 7#b71 7#c71 and 7#d71 the    
,commission shall have authority to     
issue regulations to carry out this     
section4  7#b7 ,librarian of ,congress  
,the ,librarian of ,congress shall have 

authority to issue regulations to carry 
out this section with respect to        
employees and applicants for employment 
of the ,library of ,congress4  7#c7     
,board ,the ,board referred to in       
subsection 7d77#a77;,c7 shall have      
authority to issue regulations to carry 
out this section1 in accordance with    
section #cjd of the ,congressional      
,accountability ,act of #aiie 7#b       
,u4,s4,c4 #achd71 with respect to       
covered employees1 as defined in section
 #aja of such ,act 7#b ,u4,s4,c4 #acja74
  7#d7 ,president ,the ,president shall 
have authority to issue regulations to  
carry out this section with respect to  
covered employees1 as defined in section
 #daa7;c7 of title #c1 ,united ,states  
,code1 and applicants for employment as 
such employees4  7f7 ,state and ,federal
 immunity  7#a7 ,abrogation of ,state   
immunity ,a ,state shall not be immune  
under the #aath ,amendment to the       
,constitution from a suit brought in a  
,federal court of competent jurisdiction

 for a violation of this section4  7#b7 
,waiver of ,state immunity  7,a7 ,in    
general  7i7 ,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 
immunity1 under the #aath ,amendment to 
the ,constitution or otherwise1 to a    
suit brought by an employee or applicant
 for employment of that program or      
activity under this section for a remedy
 authorized under subsection 7d74  7ii7 
,definition ,in this paragraph1 the term
 program or activity has the meaning    
given the term in section #fjf of the   
,civil ,rights ,act of #aifd 7#db       
,u4,s4,c4 #bjjj;d-#d;a74  7,b7          
,effective date ,with respect to a      
particular program or activity1         
subparagraph 7,a7 applies to conduct    
occurring on or after the day1 after the
 date of enactment of this ,act1 on     
which a ,state first receives or uses   
,federal financial assistance for that  
program or activity4  7#c7 ,remedies    

against ,state officials ,an official of
 a ,state may be sued in the official   
capacity of the official by any employee
 or applicant for employment who has    
complied with the applicable procedures 
of subsection 7d71 for equitable relief 
that is authorized under this section4  
,in such a suit the court may award to  
the prevailing party those costs        
authorized by section #gbb of the       
,revised ,statutes 7#db ,u4,s4,c4       
#aihh74  7#d7 ,remedies against the     
,united ,states and the ,states         
,notwithstanding any other provision of 
this title1 in an action or             
administrative proceeding against the   
,united ,states or a ,state for a       
violation of this section1 remedies     
7including remedies at law and in       
equity1 and interest7 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 #aifd 7#db ,u4,s4,c4 #bjjj;e et 
seq47 by a private entity1 except that--

  7,a7 punitive damages are not         
available2 and  7,b7 compensatory       
damages are available to the extent     
specified in section #aigg;,a7b7 of the 
,revised ,statutes 7#db ,u4,s4,c4       
#aiha;a7b774  #ajd4 ,confidential       
tip-line addressing employers with      
widespread and systemic workplace       
harassment  7a7 ,confidential tip-,line 
established  7#a7 ,in general ,not later
 than #a year after the date of         
enactment of this ,act1 the ,commission 
shall establish a confidential tip-line 
that supplements the ,commission's      
existing process for submitting a       
,charge of ,discrimination1 and that has
 the characteristics described in       
paragraph 7#b71 to--  7,a7 receive1 log1
 and acknowledge the receipt of reports 
by employees1 applicants1 bystanders1 or
 other individuals who attest that they 
have experienced or witnessed workplace 
harassment1 including sexual assault and
 other forms of sexual harassment2  7,b7
 provide informational materials to     

reporting individuals described in      
subparagraph 7,a72 and  7,c7 make       
available reports described in          
subparagraph 7,a7 to--  7i7 the         
,commission2 and  7ii7                  
,commission-approved fair employment    
practices agencies for potential        
investigation4  7#b7 ,operation of the  
tip-line ,the ,commission shall ensure  
that the tip-line established under this
 section will-- 7,a7 explicitly notify  
reporting individuals that the tip-line 
does not allow anonymous reporting1 but 
does allow the submission of            
confidential reports1 independent of a  
,charge of ,discrimination or a ,federal
 or ,state administrative complaint1 by 
those employees or applicants who have  
experienced workplace harassment1       
including sexual assault and other forms
 of sexual harassment1 and by those     
employees1 applicants1 bystanders1 or   
other individuals who have witnessed    
such conduct2  7,b7 provide an option   
for reporting individuals to make a     

report that would not identify          
individual employees1 but would identify
 the entity1 employer1 division1 or     
subdivision responsible for the         
workplace harassment1 including sexual  
assault and other forms of sexual       
harassment2  7,c7 educate reporting     
individuals about how to preserve the   
right to make any reports1 complaints1  
or charges that the individuals would   
otherwise have been eligible to make1   
independent of any report to the        
tip-line1 including--  7i7 the right of 
the reporting individual to file a      
,charge of ,discrimination that will    
result in the ,commission or a          
,commission-approved fair employment    
practices agency taking action 7and the 
risk of losing that right if the        
reporting individual fails to file a    
timely ,charge of ,discrimination72 and 
7ii7 a clear explanation of any         
deadlines or limitations periods2  7,d7 
instruct reporting individuals about how
 to file a ,charge of ,discrimination   

with the ,commission and encourage      
reporting individuals to file a ,charge 
of ,discrimination in order to allow the
 ,commission to more effectively        
investigate the workplace harassment2   
7,e7 emphasize that reports to the      
confidential tip-line-- 7i7 will not    
prompt individualized investigations1   
except in the limited circumstances     
described in clause 7ii71 subparagraph  
7,i71 and subsection 7b71 and such      
investigations will fully comport with  
applicable due process requirements2    
7ii7 will be monitored by the           
,commission and ,commission-approved    
fair employment practices agencies to   
identify trends and determine whether   
investigations should be undertaken1 for
 instance1 when the ,commission has     
received multiple complaints regarding a
 particular employer or there is        
evidence of a broader pattern or        
practice of workplace harassment2  7iii7
 shall not be discoverable in civil     
cases1 unless the reporting individual  

waives the confidentiality of the       
submitted reports2 and  7iv7 shall not  
be shared with other ,federal agencies2 
7,f7 engage fair employment practices   
agencies at the ,state and local level  
to apply and be thoroughly vetted and   
reviewed for approved access to the     
confidential tip-line2  7,g7 share      
information from the tip-line1 including
 information on opened investigations1  
only between and among participating    
approved fair employment practices      
agencies and the ,commission to         
facilitate coordination and avoid       
conflicts in investigations and         
resolutions2  7,h7 offer an option to   
each reporting individual1 at the time  
of reporting1 to elect to be informed1  
to the extent practicable1 if the       
individual's report leads to an         
investigation1 so that the reporting    
individual may choose to provide further
 information or participate in any      
resulting investigation2 and  7,i7      
protect the identity of individuals     

making reports and employers by making  
such reports confidential within the    
tip-line and only available to the      
,commission and ,commission-approved    
fair employment practices agencies1 and 
require that information obtained can be
 used only for the purpose of           
investigation related to the submitted  
complaint or complaints1 in full        
compliance with applicable due process  
requirements4  7b7 ,charge of           
,discrimination ,in the event that a    
member of the ,commission determines    
that information received from the      
tip-line warrants an investigation1 the 
member may initiate an investigation by 
filing a ,charge of ,discrimination in  
accordance with section #gjf of the     
,civil ,rights ,act of #aifd 7#db       
,u4,s4,c4 #bjjj;e-#e74  7c7 ,education  
about the tip-,line ,the ,commission    
shall disseminate information and       
educate the public about the tip-line   
established under this section4  7d7    
,unlawful practices with respect to the 

tip-,line  7#a7 ,other unlawful practice
 ,it shall be unlawful to engage in any 
unlawful employment practice described  
in section #gjd of the ,civil ,rights   
,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#c7
 with respect to the tip-line under this
 section1 including contacting or making
 threats to contact law enforcement     
authorities1 such as the police1        
immigration officials1 or other         
officials1 with respect to an employee  
or applicant because that employee or   
applicant has made a charge1 testified1 
assisted1 or participated in any manner 
in an investigation1 proceeding or      
hearing under this section4  7#b7       
,confidentiality ,it shall be unlawful  
for any officer or employee of the      
,commission1 or any ,commission-approved
 fair employment practices agencies1 to 
make public in any manner whatever any  
information obtained by the ,commission 
pursuant to its authority under this    
section1 prior to institution of any    
proceeding under section #gjf of the    

,civil ,rights ,act of #aifd 7#db       
,u4,s4,c4 #bjjj;e-#e71 except that the  
,commission1 or any ,commission-approved
 fair employment practices agency1 shall
 offer information to reporting         
individuals in accordance with this     
section4  7#c7 ,enforcement ,the        
enforcement provisions described in     
section #d7;d7 shall apply in the same  
manner to the enforcement of a violation
 described in paragraph 7#a7 or 7#b74   
7e7 ,effective date ,this section shall 
first take effect on the first day of   
the first fiscal year for which         
#a1ejj1jjj is appropriated to carry out 
this section4  7f7 ,annual minimum ,the 
,commission shall not be required to    
implement this section in any fiscal    
year for which less than #a1jjj1jjj is  
appropriated to carry out this section4 
#aje4 ,,sec filings and material        
disclosures at public companies  7a7    
,definitions ,in this section-- 7#a7 the
 term ,form #aj-,k means the form       
described in section #bdi4caj of title  

#ag1 ,code of ,federal ,regulations1 or 
any successor regulation2 and  7#b7 the 
term issuer has the meaning given the   
term in section #c7;a7 of the           
,securities ,exchange ,act of #aicd 7#ae
 ,u4,s4,c4 #gh;c7a774  7b7 ,findings    
,congress finds that-- 7#a7 shareholders
 and the public should know whether     
corporations--  7,a7 are expending      
company funds to resolve1 settle1 or    
litigate claims of workplace harassment1
 including sexual harassment2 and  7,b7 
along with the executives and managers  
of those corporations-- 7i7 are         
complying with prohibitions against     
workplace harassment1 including sexual  
harassment2 and  7ii7 facilitate a      
culture of silence1 disrespect1         
intimidation1 and abuse that negatively 
impacts the health and safety of the    
workers of those corporations and the   
value of those corporations2 and  7#b7  
the requirements of this section will-- 
7,a7 establish necessary transparency   
and accountability2 and  7,b7 provide an

 incentive for corporations to-- 7i7    
promptly address workplace harassment1  
including sexual harassment1 as that    
misconduct occurs2 and  7ii7 foster a   
culture in which workplace harassment is
 not protected and does not occur4  7c7 
,information required ,not later than #a
 year after the date of enactment of    
this ,act1 the ,securities and ,exchange
 ,commission shall promulgate a         
regulation that requires any issuer that
 is required to submit an annual report 
using ,form #aj-,k to include in any    
such submission--  7#a7 during the      
period covered by the submission-- 7,a7 
with respect to workplace harassment1   
including sexual harassment1 and        
retaliation for reporting1 resisting1   
opposing1 or assisting in the           
investigation of workplace harassment-- 
7i7 the number of settlements reached by
 the issuer as a signatory or when the  
issuer is a beneficiary of a release of 
claims2 and  7ii7 whether any judgments 
or awards 7including awards through     

arbitration or administrative           
proceedings7 were entered against the   
issuer in part or in whole1 or any      
payments made in connection with a      
release of claims2 and  7,b7 the total  
amount paid by the issuer or another    
party as a result of-- 7i7 the          
settlements described in subparagraph   
7,a77i72 and  7ii7 the judgments        
described in subparagraph 7,a77ii72 and 
7#b7 information regarding whether1 in  
the aggregate1 including the period     
covered by the submission1 there have   
been three or more settlements reached  
by1 or judgments against1 the issuer    
with respect to workplace harassment1   
including sexual harassment1 or         
retaliation for reporting1 resisting1   
opposing1 or assisting in the           
investigation of workplace harassment   
that relate to a particular individual  
employed by the issuer1 without         
identifying that individual by name4    
#ajf4 ,professional training1 including 
bystander training1 and public education

 campaigns  7a7 ,commission authority   
,the ,commission shall have the         
authority to-- 7#a7 reasonably adjust   
the fees the ,commission charges for any
 education1 technical assistance1 or    
training the ,commission offers in      
accordance with section #gje7;j77#a7 of 
the ,civil ,rights ,act of #aifd 7#db   
,u4,s4,c4 #bjjj;e-#d7;j77#a772  7#b7 use
 the materials developed by the         
,commission for any education1 technical
 assistance1 or training offered by the 
,commission in accordance with section  
#gje7;j77#a7 of the ,civil ,rights ,act 
of #aifd in any education and outreach  
activities carried out by the           
,commission2 and  7#c7 use funds from   
the ,,eeoc ,education1 ,technical       
,assistance1 and ,training ,revolving   
,fund1 established under section #gje7k7
 of the ,civil ,rights ,act of #aifd1 to
 pay the full salaries of any           
,commission employees that develop and  
administer any education1 technical     
assistance1 or training programs offered

 by the ,commission4  7b7 ,workplace    
training  7#a7 ,in general ,the         
,commission shall provide for the       
development and dissemination of        
workplace training programs and         
information regarding workplace         
harassment1 including sexual harassment4
  7#b7 ,contents of training ,the       
training provided by the ,commission    
under this subsection to managers and   
nonmanagers shall be consistent with the
 findings of the ,commission1 on matters
 including--  7,a7 what constitutes     
workplace harassment1 including sexual  
harassment2  7,b7 the rights of         
individuals with respect to workplace   
harassment and how to report workplace  
harassment2  7,c7 how individuals1      
including bystanders1 who encounter     
workplace harassment can intervene or   
report the harassment2 and  7,d7 how    
employers and managers can prevent      
workplace harassment1 including sexual  
harassment1 from occurring in the       
workplace4  7#c7 ,contents of           

information ,in providing information   
under this subsection1 the ,commission  
shall-- 7,a7 prepare and distribute     
information that is consistent with the 
findings of the ,commission2  7,b7      
develop and disseminate a public service
 advertisement campaign that-- 7i7      
distributes information with respect to 
the matters described in paragraph 7#b72
 and  7ii7 advertises the confidential  
complaint database established under    
section #e4  7c7 ,effective date ,this  
section shall not take effect in any    
fiscal year for which less than         
#a1ejj1jjj is appropriated to carry out 
this section4  ,,ii ,modification of    
,tax ,treatment of ,amounts ,related to 
,employment ,discrimination and         
,workplace ,harassment  #bja4 ,tax      
treatment of amounts related to         
judgments  7a7 ,denial of deduction     
7#a7 ,in general ,part ,,ix of          
subchapter ,b of chapter #a of the      
,internal ,revenue ,code of #aihf is    
amended by adding at the end the        

following new section3  #bhj;,i4        
,amounts related to judgments with      
respect to workplace harassment1        
including sexual harassment ,no         
deduction shall be allowed under this   
chapter for amounts paid or incurred by 
the taxpayer-- 7#a7 pursuant to any     
judgment or award in litigation related 
to workplace harassment1 including      
sexual harassment1 or  7#b7 for expenses
 and attorney's fees in connection with 
the litigation resulting in the judgment
 or award described in paragraph 7#a7   
7other than expenses or attorney's fees 
paid by the workplace harassment        
plaintiff or claimant71 or for any      
insurance covering the defense or       
liability of the underlying claims with 
respect to such litigation4  4  7#b7    
,clerical amendment ,the table of       
sections for part ,,ix of subchapter ,b 
of chapter #a of such ,code is amended  
by adding at the end the following new  
item3  ,sec4 #bhj;,i4 ,amounts related  
to judgments with respect to workplace  

harassment1 including sexual harassment4
  4  7#c7 ,conforming amendment ,section
 #afb of such ,code is amended by       
striking subsection 7q74  7#d7          
,effective date ,the amendments made by 
this subsection shall apply to amounts  
paid or incurred in taxable years       
beginning after the date of the         
enactment of this ,act4  7b7 ,exclusion 
from income  7#a7 ,in general ,part     
,,iii of subchapter ,b of chapter #a of 
the ,internal ,revenue ,code of #aihf is
 amended by inserting after section     
#aci;,g the following new section3      
#aci;,h4 ,amounts received in connection
 with judgments1 awards1 and settlements
 with respect to workplace harassment   
,gross income shall not include any     
amount received in connection with a    
judgment or award in1 or a settlement   
of--  7#a7 a claim related to workplace 
harassment1 including sexual harassment 
or other unlawful discrimination1 or    
7#b7 any other claim of unlawful        
discrimination 7as defined by section   

#fb7;e774  ,the preceding sentence shall
 not include any employment             
discrimination compensation to which    
section #acjb applies4  4  7#b7         
,clerical amendment ,the table of       
sections for part ,,iii of subchapter ,b
 of chapter #a of such ,code is amended 
by inserting after the item relating to 
section #aci;,g the following new item3 
,sec4 #aci;,h4 ,amounts received in     
connection with judgments1 awards1 and  
settlements with respect to workplace   
harassment4  4  7#c7 ,effective date    
,the amendments made by this subsection 
shall apply to amounts received in      
taxable years beginning after the date  
of the enactment of this ,act4  #bjb4   
,limitation on tax based on income      
averaging for compensation received on  
account of certain unlawful employment  
discrimination  7a7 ,in general ,part ,i
 of subchapter ,q of chapter #a of the  
,internal ,revenue ,code of #aihf       
7relating to income averaging7 is       
amended by adding at the end the        

following new section3  #acjb4 ,income  
from compensation received on account of
 certain unlawful employment            
discrimination  7a7 ,general rule ,in   
the case of any employment              
discrimination compensation received    
during any taxable year1 the tax imposed
 by this chapter for such taxable year  
with respect to such compensation shall 
not exceed the sum of--  7#a7 the tax   
which would be so imposed if-- 7,a7 no  
amount of such compensation were        
included in gross income for such year1 
and  7,b7 no deduction were allowed for 
such year for expenses otherwise        
allowable as a deduction to the taxpayer
 for such year in connection with making
 or prosecuting any claim of unlawful   
employment discrimination by or on      
behalf of the taxpayer1 plus  7#b7 the  
product of-- 7,a7 the combined number of
 years in the backpay period and the    
foregone compensation period1 and  7,b7 
the amount by which the tax determined  
under paragraph 7#a7 would increase if  

the sum of-- 7i7 the average of the     
average annual net employment           
discrimination compensation in the      
backpay period1 and  7ii7 the average of
 the average annual net employment      
discrimination compensation in the      
foregone compensation period1  were     
included in gross income for such year4 
7b7 ,definitions ,for purposes of this  
section-- 7#a7 ,employment              
discrimination compensation ,the term   
employment discrimination compensation  
means any backpay or foregone           
compensation receivable 7whether as lump
 sums or periodic payments7 on account  
of a judgment or settlement resulting   
from a claim of unlawful discrimination 
7as defined in section #fb7;e77 in      
violation of law which relates to       
employment4  7#b7 ,backpay ,the term    
backpay means amounts which are         
includible in gross income for the      
taxable year as compensation which is   
attributable to services performed 7or  
which would have been performed but for 

the violation of law described in       
paragraph 7#a77 as an employee1 former  
employee1 or prospective employee in    
years before such taxable year for the  
taxpayer's employer1 former employer1 or
 prospective employer4  7#c7 ,foregone  
compensation ,the term foregone         
compensation means amounts which are    
includible in gross income for the      
taxable year as compensation which is   
attributable to services which would    
have been performed in years after such 
taxable year but for the violation of   
law described in paragraph 7#a74  7#d7  
,backpay period ,the term backpay period
 means the period during which services 
described in paragraph 7#b7 were        
performed or would have been performed  
but for the violation of law described  
in paragraph 7#a74 ,if such period is   
not equal to a whole number of taxable  
years1 such period shall be increased to
 the next highest number of whole       
taxable years4  7#e7 ,foregone          
compensation period ,the term foregone  

compensation period means the period    
during which services described in      
paragraph 7#c7 would have been performed
 but for the violation of law described 
in paragraph 7#a74 ,if such period is   
not equal to a whole number of taxable  
years1 such period shall be increased to
 the next highest number of whole       
taxable years4  7#f7 ,average annual net
 employment discrimination compensation 
,the term average annual net employment 
discrimination compensation with respect
 to any period means the amount equal   
to-- 7,a7 the excess of--  7i7          
employment discrimination compensation  
attributable to such period1 over  7ii7 
the amount of the deductions described  
in subsection 7a77#a77;,b71 divided by  
7,b7 the total number of years in the   
backpay period and the foregone         
compensation period4  4  7b7 ,clerical  
amendment ,the table of sections for    
part ,i of subchapter ,q of chapter #a  
of the ,internal ,revenue ,code of #aihf
 is amended by inserting after section  

#acja the following new item3  ,sec4    
#acjb4 ,income from compensation        
received on account of certain unlawful 
employment discrimination4  4  7c7      
,income averaging not ,to increase      
alternative minimum tax liability       
,section #ee7;c7 of the ,internal       
,revenue ,code of #aihf is amended by   
redesignating paragraph 7#c7 as         
paragraph 7#d7 and by inserting after   
paragraph 7#b7 the following new        
paragraph3  7#c7 ,coordination with     
income averaging for amounts received on
 account of employment discrimination   
,solely for purposes of this section1   
section #acjb shall not apply in        
computing the regular tax liability4  4 
7d7 ,effective date ,the amendments made
 by this section shall apply to amounts 
paid or incurred in taxable years       
beginning after the date of the         
enactment of this ,act4