,i #aafth ,,congress #ast ,session ,h4 ,r4 #ahbh ,,in ,,the ,,house ,,of ,,representatives ,march #ah1 #bjai,mrs4 ,carolyn ,b4 ,maloney of ,new ,york introduced the following bill2 which was referred to the ,committee on ,education and ,labor ,a ,,bill ,to require annual reporting by employers of the number of settlements with employees regarding claims of discrimination on the basis of sex1 including verbal and physical sexual harassment1 and for other purposes4 #a4 ,short title2 ,findings 7a7 ,short title ,this ,act may be cited as the ,ending ,secrecy ,about ,workplace ,sexual ,harassment ,act4 7b7 ,findings ,congress finds that the following3 7#a7 ,thirty years after the ,united ,states ,supreme ,court held in ,meritor ,savings ,bank v4 ,vinson that sexual harassment creates a hostile or abusive work environment and is a violation of title ,,vii of the ,civil ,rights ,act of #aifd1 sexual harassment remains a widespread problem1 affecting victims in every industry1 at every level of employment4 7#b7 ,in fiscal year #bjae1 almost one-third of the #ij1jjj charges filed with the ,equal ,employment ,opportunity ,commission involved harassment1 and nearly a quarter of those harassment charges involved sexual harassment4 ,of the total number of charges received that alleged harassment from employees working for private employers or for ,state and local government employers1 approximately #de percent alleged harassment on the basis of sex4 7#c7 ,according to the ,commission's ,select ,task ,force in #bjaf1 on the ,study of ,harassment in the ,workplace1 the prevalence of such harassment-- 7,a7 causes mental and physical harm to the victim1 as the study concluded that employees experiencing sexual harassment are more likely to report symptoms of depression1 general stress and anxiety1 posttraumatic stress disorder 7,,ptsd71 and overall impaired psychological well-being2 7,b7 results in harms1 which are not limited to victims1 as the study concluded that employees1 female and male alike1 who observed hostility directed toward female coworkers 7both incivility and sexually harassing behavior7 were more likely to experience lower psychological well-being1 which were in turn linked to lower physical well-being4 7#d7 ,prevalence of sexual harassment in the workplace causes substantial financial harm to victims1 as they often try to avoid the harassing behavior by taking leave without pay or leaving the workplace entirely1 resulting in a loss of wages4 ,the ,u4,s4 ,merit ,systems ,protection ,board's #aiie report on ,sexual ,harassment in the ,federal ,workplace found sexual harassment cost ,federal employees #d4d million between #aiib and #aiid4 7#e7 ,according to ,commission records1 from fiscal year #bjaj to #bjaf1 ,u4,s4 companies have paid out more than #bie million in public penalties over sexual harassment claims4 ,this sum does not include any private settlements or internally resolved complaints about which there is limited public information4 7#f7 ,the ,commission is responsible for enforcing ,federal anti-discrimination laws that protect job applicants and employees1 and has the authority to investigate charges of discrimination against employers who are covered by the law4 7#g7 ,the ,commission does not currently receive disclosures from employers on annual ,,eeo-#a reports regarding claims of discrimination on the basis of sex1 including verbal and physical sexual harassment made directly to the employer and resolved internally through out-of-court settlements or other mediation4 #b4 ,employer reporting requirement 7a7 ,reporting requirement ,every employer required to submit to the ,equal ,employment ,opportunity ,commission an ,employer ,information ,report ,,eeo-#a shall include in such report the number of settlements reached by the employer with an employee in the resolution of claims pertaining to discrimination on the basis of sex1 including verbal and physical sexual harassment4 7b7 ,required reporting ,examples of settlements required to be reported under this section include any agreement where anything of value is conferred to the individual raising the claim in return for such individual declining to further pursue the claim1 any internal mediation or other workplace resolution that results in the individual declining to further pursue the claim4 7c7 ,examples of offensive conduct that constitute sexual harassment ,claims pertaining to sexual harassment are those that complain of acts such as-- 7#a7 inappropriate or unwanted touching2 7#b7 verbal comments about sex or of a sexual nature1 which may include comments to an individual about her or his body or sexual or romantic activity1 or the body or sexual or romantic activity of the individual making the comments2 7#c7 referring to another individual by a name or nickname of a romantic1 demeaning1 or sexual nature2 7#d7 inappropriate gestures of a sexual nature2 7#e7 unwanted proposals for sexual activity2 7#f7 showing another individual photos or other images that are sexually explicit or are otherwise of a sexual nature2 or 7#g7 undue attention to or questions about a person's sexual relationships1 sexual history1 sexual orientation1 or gender identity4 #c4 ,rights of employees 7a7 ,protection from retaliation 7#a7 ,conduct prohibited ,an employer may not terminate any employee nor discriminate against any such employee with regards to terms and conditions of employment because such employee-- 7,a7 inquires about an employer's meeting of the requirements of this ,act2 or 7,b7 complains about an employer's failure to meet the requirements of this ,act4 7#b7 ,enforcement 7,a7 ,liability ,in addition to civil rights protections and remedies for retaliation available under other ,federal1 ,state1 or local law1 any employer who violates paragraph 7#a7 shall be liable to any eligible employee affected for-- 7i7 damages equal to the amount of any wages1 salary1 employment benefits1 or other compensation denied or lost to such employee by reason of the violation2 7ii7 the interest on the amount described in clause 7i7 calculated at the prevailing rate2 7iii7 an additional amount as liquidated damages equal to the sum of the amount described in clause 7i7 and the interest described in clause 7ii72 and 7iv7 such equitable relief as may be appropriate1 including employment1 reinstatement1 and promotion4 7,b7 ,right of action ,an action to recover the damages or equitable relief prescribed in subparagraph 7,a7 may be maintained against any employer in any ,federal or ,state court of competent jurisdiction by any one or more employees for and on behalf of-- 7i7 the employee or employees2 or 7ii7 the employees and other employees 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 7b7 ,confidentiality agreements and settlements 7#a7 ,rule of construction ,nothing in this ,act shall be construed to interfere with the right of an employee to enter into a confidentiality agreement with his or her employer with respect to a claim of discrimination on the basis of sex1 including verbal and physical sexual harassment1 the investigation of such a claim1 or the out-of-court settlement of such a claim4 7#b7 ,limitations on agreements 7,a7 ,an employer may not use a confidentiality agreement described in paragraph 7#a7 as a basis for not submitting the information required by section #b4 7,b7 ,a confidentiality agreement described in paragraph 7#a7 shall not be construed as prohibiting any party to such agreement from cooperating with law enforcement investigations into any claims of discrimination on the basis of sex1 including verbal and physical sexual harassment4 #d4 ,,eeoc report to ,congress ,the ,equal ,employment ,opportunity ,commission shall annually report to ,congress information relating to claims of discrimination on the basis of sex1 including verbal and physical sexual harassment1 including-- 7#a7 the number of settlements that were reported to the ,commission as defined by and reported pursuant to section #b2 7#b7 the number of charges alleging discrimination on the basis of sex that were reported to the ,equal ,employment ,opportunity ,commission1 including verbal and physical sexual harassment made directly to the ,commission2 and 7#c7 a summary of any action taken by the ,commission based upon any such charges or complaints collected pursuant to this ,act1 such as litigation or settlements facilitated by the ,commission pertaining to discrimination on the basis of sex1 including verbal and physical sexual harassment1 including a brief description of any outcome of such actions4 #e4 ,,gao study and report ,the ,comptroller ,general of the ,united ,states shall conduct a comprehensive study of claims of discrimination on the basis of sex1 including verbal and physical sexual harassment involving both government and private sector employees and shall report to ,congress not later than one year after the date of enactment of this ,act the results of such study and recommendations for legislation or other action for improving transparency and accountability regarding such claims4