,i #aafth ,,congress #ast ,session ,h4 ,r4 #badh ,,in ,,the ,,house ,,of ,,representatives ,april #i1 #bjai,ms4 ,clark of ,massachusetts 7for herself1 ,ms4 ,pressley1 ,ms4 ,slotkin1 and ,ms4 ,mucarsel-,powell7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor1 and in addition to the ,committees on the ,judiciary1 ,house ,administration1 ,oversight and ,reform1 and ,veterans' ,affairs1 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 prevent discrimination and harassment in employment4 #a4 ,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 ,act4 #b4 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,sec4 #c4 ,purposes4 ,title ,i--,researching and ,preventing ,workplace ,harassment2 ,tipped ,employees ,sec4 #ajj4 ,definitions4 ,subtitle ,a--,preventing ,workplace ,harassment ,sec4 #aja4 ,mandatory nondiscrimination policies4 ,sec4 #ajb4 ,nondiscrimination training4 ,sec4 #ajc4 ,resource materials on policies and trainings for small businesses4 ,sec4 #ajd4 ,education1 training1 and technical assistance to employers4 ,sec4 #aje4 ,task force regarding harassment4 ,sec4 #ajf4 ,resource materials on employment climate assessments4 ,sec4 #ajg4 ,establishing an ,office of ,education and ,outreach within the ,equal ,employment ,opportunity ,commission4 ,sec4 #ajh4 ,relationship to other laws4 ,sec4 #aji4 ,authorization of appropriations4 ,subtitle ,b--,research and ,additional ,resources for ,harassment ,prevention ,sec4 #aaa4 ,national prevalence survey on harassment in employment4 ,sec4 #aab4 ,study and report on harassment in the ,federal ,government4 ,sec4 #aac4 ,studies1 reports1 and further research4 ,subtitle ,c--,preventing ,harassment of ,tipped ,employees ,sec4 #aba4 ,tipped employees4 ,title ,,ii--,strengthening ,workplace ,rights ,sec4 #bja4 ,clarifying sexual orientation discrimination and gender identity discrimination are unlawful sex discrimination4 ,sec4 #bjb4 ,covered employers4 ,sec4 #bjc4 ,compensatory and punitive damages available4 ,sec4 #bjd4 ,harassment and discrimination2 standards of proof4 ,sec4 #bje4 ,clarifying other standards of proof4 ,sec4 #bjf4 ,supervisor liability4 ,sec4 #bjg4 ,extending the statutes of limitations4 ,sec4 #bjh4 ,extending the time limitations on ,federal employees filing a complaint4 ,title ,,iii--,broadening ,protections and ,ensuring ,transparency ,sec4 #cja4 ,independent contractors1 interns1 fellows1 volunteers1 and trainees4 ,sec4 #cjb4 ,nondisclosure agreements4 ,sec4 #cjc4 ,prohibition on mandatory arbitration and protection of concerted legal action4 ,sec4 #cjd4 ,federal contractor compliance with civil rights laws4 ,title ,,iv--,nationwide ,grants ,to ,prevent and ,respond to ,workplace ,harassment ,sec4 #dja4 ,definitions4 ,subtitle ,a--,national ,grants for ,preventing and ,addressing ,employment ,discrimination1 ,including ,harassment ,sec4 #daa4 ,definitions4 ,sec4 #dab4 ,grants4 ,sec4 #dac4 ,authorization of appropriations4 ,subtitle ,b--,grants for ,legal ,assistance for ,low-,income ,workers ,sec4 #dba4 ,definitions4 ,sec4 #dbb4 ,grants for civil legal needs related to employment discrimination4 ,sec4 #dbc4 ,authorization of appropriations4 ,subtitle ,c--,grants for a ,system of ,state ,advocacy ,sec4 #dca4 ,purpose4 ,sec4 #dcb4 ,definitions4 ,sec4 #dcc4 ,allotments and payments4 ,sec4 #dcd4 ,system required4 ,sec4 #dce4 ,administration4 ,sec4 #dcf4 ,authorization of appropriations4 ,title ,v--,general ,provisions ,sec4 #eja4 ,severability4 #c4 ,purposes ,the purposes of this ,act are-- 7#a7 to prevent and reduce prohibited discrimination and harassment in employment2 7#b7 to prevent and reduce discriminatory and harassing conduct in the workplace2 7#c7 to identify and implement best practices in creating a workplace free from discrimination and harassment2 7#d7 to update and clarify certain employment nondiscrimination laws2 and 7#e7 to expand workers' access to counsel and advocacy services to protect the legal and human rights of workers by preventing and reducing discrimination and harassment and responding to violations of worker's rights4 ,i ,researching and ,preventing ,workplace ,harassment2 ,tipped ,employees #ajj4 ,definitions ,in this title3 7#a7 ,commission ,the term ,commission means the ,equal ,employment ,opportunity ,commission4 7#b7 ,employer ,the term employer has the meaning given the term in section #gja of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e71 as amended by section #bjb of this ,act4 ,a ,preventing ,workplace ,harassment #aja4 ,mandatory nondiscrimination policies 7a7 ,policies 7#a7 ,in general ,beginning not later than #a year after the date of enactment of this ,act1 each employer who has #ae or more employees shall adopt1 maintain1 and periodically review a comprehensive nondiscrimination policy1 which shall establish policies and procedures concerning prohibited discrimination and harassment in employment4 7#b7 ,dissemination and posting ,the employer shall disseminate the comprehensive nondiscrimination policy to each employee at the beginning of employment1 annually1 and on the issuance of any update to the comprehensive nondiscrimination policy4 ,the employer shall post the comprehensive nondiscrimination policy in prominent locations1 including in a prominent location on the employer's website4 7b7 ,contents ,at a minimum1 the comprehensive nondiscrimination policy shall include-- 7#a7 a definition of prohibited discrimination and prohibited harassment in employment2 7#b7 a description of the types of behaviors prohibited by the policy2 7#c7 the identification of multiple persons to whom an employee may report such discrimination or harassment2 7#d7 a description of multiple methods for reporting such discrimination or harassment2 7#e7 a general description of how the employer will conduct prompt1 thorough1 and impartial investigations and respond to complaints regarding such discrimination or harassment2 7#f7 a prohibition against retaliation related to such discrimination or harassment1 including disclosing1 reporting1 or challenging such discrimination or harassment2 7#g7 a description of potential consequences for violating the policy2 and 7#h7 any additional components required by the ,commission for the purpose of preventing unlawful discrimination and harassment4 7c7 ,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 ,english4 7d7 ,enforcement 7#a7 ,subject to paragraph 7#b71 an employer who fails to comply with this section shall be fined not more than #a1jjj for each separate offense4 7#b7 ,an employer who repeatedly or willfully fails to comply with this section shall be fined not less than #e1jjj for each separate offense4 7e7 ,regulations ,the ,commission shall have authority to promulgate regulations to carry out this section4 #ajb4 ,nondiscrimination training 7a7 ,in general ,the ,commission shall promulgate regulations to require appropriate employers1 as determined by the ,commission1 to provide-- 7#a7 in-person or other interactive training for each employee regarding discriminatory and harassing behaviors in employment2 and 7#b7 training specifically designed for supervisors regarding the prevention of and response to discrimination and harassment in employment1 including retaliation4 7b7 ,required training ,the requirements described in subsection 7a7 shall-- 7#a7 be based on research on effective training2 and 7#b7 identify specific elements of such training4 7c7 ,enforcement ,the ,commission shall issue remedies for noncompliance by regulation4 #ajc4 ,resource materials on policies and trainings for small businesses 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,commission shall make publicly available resource materials on comprehensive nondiscrimination policies and trainings on such policies for employers with fewer than #ae employees4 7b7 ,contents ,such resource materials shall include1 at a minimum-- 7#a7 model comprehensive nondiscrimination policies concerning prohibited discrimination and harassment in employment1 as described in section #aja1 for use by employers with fewer than #ae employees1 which shall-- 7,a7 be designed to be easily distributed by such employers to employees2 7,b7 take into account the resources available to such employers2 7,c7 take into account the particular needs of employees of such employers2 7,d7 be made available in plain ,english and in accessible formats for individuals with disabilities and for individuals who primarily speak a language other than ,english2 7,e7 include a definition of prohibited discrimination and harassment in employment2 7,f7 include examples of prohibited discriminatory and harassing behaviors2 7,g7 describe how the employer may conduct prompt1 thorough1 and impartial investigations and respond to complaints regarding such prohibited discrimination and harassment2 7,h7 include a prohibition against retaliation related to such discrimination or harassment2 7,i7 include policies that reflect the needs of a variety of different types of workplaces1 including those with differing work structures1 facilities1 or tasks2 7,j7 describe behaviors that would constitute retaliation2 and 7,k7 include a description of potential consequences for violating the comprehensive nondiscrimination policy2 and 7#b7 model trainings regarding prohibited discrimination and harassment in employment1 as described in section #ajb1 for use by employers with fewer than #ae employees1 which shall-- 7,a7 take into account the resources available to such employers2 7,b7 take into account the particular needs of employees of such employers2 7,c7 be made available in plain ,english and in accessible formats for individuals with disabilities and for individuals who primarily speak a language other than ,english2 7,d7 be made available in an online format that is widely available to such employers and employees of such employers2 7,e7 include an explanation of prohibited discrimination and harassment in employment1 including retaliation related to such discrimination and harassment2 7,f7 describe the affirmative behaviors that contribute to preventing and reducing harassment and discrimination in employment2 7,g7 include trainings designed to address the needs of a variety of workplaces1 including those with differing work structures1 facilities1 and tasks2 7,h7 include best practices for preventing prohibited discrimination and harassment specific to industries in which the ,commission determines that harassment is particularly prevalent or severe2 and 7,i7 include any additional information the ,commission determines may prevent discrimination and harassment of employees4 7c7 ,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 workplaces1 including differing work structures1 facilities1 and tasks4 #ajd4 ,education1 training1 and technical assistance to employers ,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 that section in any education and outreach activities carried out by the ,commission2 and 7#c7 use funds from the ,commission's ,,eeoc ,education1 ,technical ,assistance1 and ,training ,revolving ,fund1 established under section #gje7k7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#d7k771 to pay the full salaries of any ,commission employees that develop and administer any education1 technical assistance1 or training programs offered by the ,commission4 #aje4 ,task force regarding harassment 7a7 ,in general ,the ,commission shall establish and periodically convene a harassment prevention task force 7referred to in this subsection as the ,task ,force7 to study prohibited harassment in employment4 7b7 ,membership ,the ,task ,force established under paragraph 7#a7 shall include membership that reflects a broad diversity of experience and expertise relating to prohibited harassment1 including-- 7#a7 employee advocates2 7#b7 researchers with expertise in organizational culture change or reducing behavior related to harassment and discrimination2 7#c7 legal practitioners with professional expertise related to harassment litigation on behalf of employees2 7#d7 legal practitioners with experience serving as a chief legal officer or human resource officer in a corporate legal department2 7#e7 individuals with expertise in diversity and inclusion initiatives2 7#f7 individuals who have experienced prohibited harassment in employment2 and 7#g7 union leaders4 7c7 ,duties ,the ,task ,force shall-- 7#a7 identify strategies and recommend proposals to prevent prohibited harassment in employment2 and 7#b7 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 severe4 7d7 ,report ,not less than once every #e years1 the ,commission shall prepare and publish a report on the ,commission's website1 which shall be based on the work of the ,task ,force and shall include-- 7#a7 a review of the prevalence of prohibited harassment in employment1 including the results of the national prevalence survey described in section #aab2 7#b7 recommendations for ,federal1 ,state1 and local initiatives1 reforms1 and legislation to prevent prohibited harassment in employment2 7#c7 assessments of the effectiveness of employment policies designed to prevent prohibited harassment in employment by changing behavior and culture2 7#d7 assessments of the effectiveness of processes for investigations into prohibited harassment in employment2 7#e7 assessments of the effectiveness of different types of training to reduce and prevent harassment in employment2 and 7#f7 assessments of the effectiveness of other proactive initiatives and interventions to reduce and prevent harassment in employment4 #ajf4 ,resource materials on employment climate assessments 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,commission shall develop and make publicly available resource materials for employers on assessing the employment climate1 including the occurrence of prohibited harassment in employment1 in order to assist such employers in determining the effectiveness of measures the employer takes to prevent and address prohibited harassment in employment4 7b7 ,employment climate survey ,such resource materials shall include a model survey regarding prohibited harassment in employment1 which shall be available for an employer to use 7at the employer's discretion and employer's expense7 in order to assess the employment climate4 ,the model survey shall be-- 7#a7 designed to assess employees' experiences related to prohibited harassment in employment2 7#b7 fair1 unbiased1 and scientifically valid to the greatest extent practicable2 7#c7 designed to solicit confidential submissions and to provide data without revealing personally identifiable information2 and 7#d7 inclusive of individuals required to be afforded protection under section #cja4 7c7 ,contents ,the model survey may include-- 7#a7 questions designed to assess the prevalence of prohibited harassment in employment2 7#b7 questions designed to understand whether employees have access to and are familiar with the employer's nondiscrimination and anti-harassment policies and procedures2 7#c7 questions to assess the employment climate2 and 7#d7 any additional questions the ,commission determines are consistent with the purposes of this section4 7d7 ,mandatory employee participation prohibited ,an employer may not compel or require employees to participate in a survey regarding prohibited harassment or discrimination in employment4 7e7 ,review and revision ,the ,commission shall periodically review and revise the resource materials described in subsection 7a7 and the model survey developed under subsection 7b74 #ajg4 ,establishing an ,office of ,education and ,outreach within the ,equal ,employment ,opportunity ,commission 7a7 ,in general ,the ,commission shall establish and maintain an ,office of ,education and ,outreach to-- 7#a7 conduct outreach and education concerning prohibited discrimination and harassment in employment under ,federal civil rights laws and available resources and remedies relating to those laws2 and 7#b7 conduct a multi-year public awareness campaign to improve public awareness of the ,commission1 which shall include disseminating information about-- 7,a7 the purpose of the ,commission2 7,b7 the resources available through the ,commission to prevent prohibited discrimination and harassment in employment2 7,c7 the ways in which an individual can file a complaint with the ,commission2 and 7,d7 the process by which the ,commission investigates charges of discrimination4 7b7 ,information disseminated ,the information disseminated in accordance with subsection 7a77#b7 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 ,english4 #ajh4 ,relationship to other laws ,compliance with section #aja or #ajb1 or use of materials provided under subtitle ,a1 is not an affirmative defense under applicable employment nondiscrimination laws4 #aji4 ,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 activities1 including such duties and activities authorized under this subtitle4 ,b ,research and ,additional ,resources for ,harassment ,prevention #aaa4 ,national prevalence survey on harassment in employment 7a7 ,survey ,the ,bureau of the ,census1 the ,commission1 and the ,bureau of ,labor ,statistics shall jointly develop a national prevalence survey on the prevalence of prohibited harassment in employment 7referred to in this section as the national prevalence survey74 ,such survey shall be administered by the ,bureau of the ,census not later than #a year after the date of enactment of this ,act1 and every #c years thereafter4 7b7 ,contents ,the national prevalence survey shall include questions designed to collect such information from individuals as may be necessary to examine existing beliefs1 attitudes1 and understanding of prohibited harassment in employment1 and the extent to which such harassment is experienced or observed by individuals1 supervisors1 and employers1 including the information necessary for the report described in subsection 7c74 7c7 ,report 7#a7 ,in general ,not later than #f months after each national prevalence survey has been administered1 the ,bureau of the ,census1 the ,commission1 and the ,bureau of ,labor ,statistics shall jointly prepare and submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and ,labor of the ,house of ,representatives a report on the results of that survey4 7#b7 ,required information ,the report under this subsection shall include1 at minimum-- 7,a7 information about the extent to which individuals experience prohibited harassment in employment on the basis of sex 7including sexual orientation1 gender identity1 pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 and a sex stereotype71 race1 color1 religion1 national origin1 age1 disability1 genetic information1 and uniformed service status1 and information about the interaction of different characteristics that may be the basis of harassment in employment2 7,b7 information about the prevalence of each such form of prohibited harassment in employment1 disaggregated by industry and salary level1 including across all wage bands2 and 7,c7 an analysis of the economic impacts of prohibited harassment4 7#c7 ,disaggregation of sex based harassment ,the report under this subsection shall separately1 and in the aggregate1 report each of the following bases of sex harassment3 7,a7 ,sexual orientation4 7,b7 ,gender identity4 7,c7 ,pregnancy4 7,d7 ,childbirth4 7,e7 ,a medical condition related to pregnancy or childbirth4 7,f7 ,a sex stereotype4 7,g7 ,sexual in nature4 7#d7 ,public availability ,the report shall be made publicly available on the websites of the ,bureau of the ,census1 the ,commission1 and ,bureau of ,labor ,statistics4 7d7 ,authorization of appropriations ,there are authorized to be appropriated for the ,bureau of the ,census to carry out this section #a1bjj1jjj for fiscal year #bjai and such sums as may be necessary for each fiscal year the national prevalence survey is to be administered under subsection 7a7 or the report is to be submitted under subsection 7c74 #aab4 ,study and report on harassment in the ,federal ,government 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and not less than once every #c years thereafter1 the ,merit ,systems ,protection ,board shall prepare and submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and ,labor of the ,house of ,representatives a report containing the following information3 7#a7 ,the prevalence of specific behaviors associated with prohibited harassment in employment among ,federal employees1 including information about such behaviors disaggregated by each wage band4 7#b7 ,the impact of prohibited harassment in employment and violations of ,federal civil rights laws on the ,federal ,government1 in terms of monetary costs1 attrition1 and morale4 7#c7 ,the particular impact of prohibited harassment in employment on the experience of ,federal employees with disabilities4 7#d7 ,working in coordination with the ,commission's ,office of ,federal ,operations1 a description of the differences in ,federal agency policies1 strategies1 reporting mechanisms1 training programs1 and other practices regarding preventing and addressing prohibited harassment in employment4 7#e7 ,a description of which policies1 strategies1 reporting mechanisms1 training programs1 and other practices described in paragraph 7#d7 have prevented1 addressed1 or reduced prohibited harassment in employment4 7#f7 ,working in coordination with the ,commission's ,office of ,federal ,operations1 joint recommendations from such ,office and the ,merit ,systems ,protection ,board to ,federal agencies on how to prevent and address prohibited harassment in employment4 7b7 ,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 section4 #aac4 ,studies1 reports1 and further research 7a7 ,study and report on enforcement of nondiscrimination laws prohibiting harassment laws ,not later than #a year after the date of enactment of this ,act1 the ,united ,states ,commission on ,civil ,rights shall prepare and submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and ,labor of the ,house of ,representatives a report that shall examine enforcement of the nondiscrimination laws prohibiting harassment including-- 7#a7 trends in enforcement of such laws2 7#b7 barriers to effective enforcement of such laws2 7#c7 best practices in enforcement of such laws2 7#d7 recommendations about how to improve enforcement of such laws1 including whether establishing individual liability for discrimination and harassment in employment would improve enforcement of such laws2 and 7#e7 how the experience of harassment for employees and individuals required to be afforded protections under section #cja has changed over time since the passage of such laws4 7b7 ,study and report on prevention of harassment in employment 7#a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,director of the ,national ,institutes of ,health shall enter into an agreement with the ,national ,academies of ,sciences1 ,engineering1 and ,medicine1 through which the ,national ,academies of ,science1 ,engineering1 and ,medicine shall conduct a study on preventing and addressing prohibited harassment in employment4 7#b7 ,contents ,such study shall include-- 7,a7 an evaluation of the existing research of the causes of prohibited harassment in employment1 including retaliation related to such harassment1 and gaps in such research2 7,b7 a review of the existing research regarding how prohibited harassment in employment impacts individuals2 7,c7 an evaluation of the existing research on training to prevent prohibited harassment in employment1 including essential components of effective training to prevent such prohibited harassment and retaliation1 and gaps in such research2 7,d7 an assessment of the efficacy and availability of training models and programs to prevent prohibited harassment in employment2 7,e7 the identification of employment or societal factors that increase the likelihood of prohibited harassment in employment1 particularly across industries with a high number of individuals who are vulnerable to experiencing such prohibited harassment1 including whether diversity in leadership positions within an organization reduces the likelihood of such prohibited harassment2 7,f7 an examination of methods of inducing1 scaling1 and sustaining institutional or organizational change to prevent prohibited harassment in employment2 7,g7 an analysis of policies1 strategies1 and practices that have been the most successful in preventing and addressing prohibited harassment in employment2 and 7,h7 any other information or analysis necessary to identify the gaps in research and other measures described in subsection 7c74 7#c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,national ,academies of ,sciences1 ,engineering1 and ,medicine shall prepare and submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 the ,committee on ,education and ,labor of the ,house of ,representatives1 and the ,director of the ,national ,institutes of ,health1 a report containing the results of the study conducted under this subsection and make recommendations to ,congress1 executive branch agencies1 private employers1 and researchers4 ,such recommendations shall include ways that such training could be improved to result in behavioral and cultural changes that prevent and reduce behaviors associated with prohibited harassment in employment4 ,the report and recommendations shall be made publicly available4 7c7 ,supporting further research on preventing and understanding harassment in employment 7#a7 ,in general ,not later than #f months after the submission required under subsection 7b77#c71 the ,director of the ,national ,institutes of ,health1 in consultation with the ,commission and the ,secretary of ,labor1 shall enter into agreements 7including through the use of grants1 contracts1 cooperative agreements1 or other transactions7 to support research regarding-- 7,a7 the gaps identified in the report required under subsection 7b77#c7 in research on the causes of prohibited harassment in employment1 including retaliation related to such harassment2 7,b7 the gaps identified in the report required under subsection 7b77#c7 in research on the psychological sequelae of prohibited harassment in employment1 including retaliation related to such harassment2 7,c7 gaps identified in the report required under subsection 7b77#c7 in research on special populations and their risk for prohibited harassment in employment1 including adolescents1 older individuals1 racial and ethnic minorities1 individuals with disabilities1 women1 and other populations that could be disproportionately affected by prohibited harassment in employment2 7,d7 gaps identified in the report required under subsection 7b77#c7 in research on prohibited harassment in employment1 including retaliation related to such harassment1 as a risk factor for various mental health problems2 7,e7 gaps identified in the report required under subsection 7b77#c7 in research on sociocultural correlations within prohibited harassment in employment1 including retaliation related to such harassment2 and 7,f7 systematic and quantifiable measures to evaluate prevention strategies for victims and perpetrators of prohibited harassment in employment1 including retaliation related to such harassment4 7#b7 ,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 necessary4 ,c ,preventing ,harassment of ,tipped ,employees #aba4 ,tipped employees 7a7 ,base minimum wage for tipped employees and tips retained by employees ,section #c7m77#b77;,a77i7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7m77#b77;,a77i77 is amended to read as follows3 7i7 the cash wage paid such employee1 which for purposes of such determination shall be not less than-- 7,i7 for the #a-year period beginning on the effective date under subsection 7e71 #c4fj an hour2 7,,ii7 for each succeeding #a-year period until the hourly wage under this clause equals the wage in effect under section #f7;a77#a7 for such period1 an hourly wage equal to the amount determined under this clause for the preceding year1 increased by the lesser of-- 7aa7 #a4ej2 or 7bb7 the amount necessary for the wage in effect under this clause to equal the wage in effect under section #f7;a77#a7 for such period1 rounded up to the nearest multiple of #j4je2 and 7,,iii7 for each succeeding #a-year period after the increase made pursuant to subclause 7,,ii71 the minimum wage in effect under section #f7;a77#a72 and 4 7b7 ,tips retained by employees ,section #c7m77#b77;,a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7m77#b77;,a77 is amended-- 7#a7 in the second sentence of the matter following clause 7ii71 by striking of this subsection1 and all tips received by such employee have been retained by the employee and inserting of this subsection4 ,any employee shall have the right to retain any tips received by such employee2 and 7#b7 by adding at the end the following3 ,an employer shall inform each employee of the right and exception provided under the preceding sentence44 7c7 ,publication of notice ,section #f of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7 is amended by adding at the end the following3 7h7 ,not later than #fj days prior to the effective date of any increase in the required wage determined in accordance with subclause 7,,ii7 or 7,,iii7 of section #c7m77#b77;,a77i71 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 wage4 4 7d7 ,scheduled repeal of separate minimum wage for tipped employees 7#a7 ,tipped employees ,section #c7m77#b77;,a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7m77#b77;,a771 as amended by subsections 7a7 and 7b71 is further amended by striking the sentence beginning with ,in determining the wage an employer is required to pay a tipped employee1 and all that follows through of this subsection4 and inserting ,the wage required to be paid to a tipped employee shall be the wage set forth in section #f7;a77#a744 7#b7 ,publication of notice ,section #f of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf71 as amended by subsection 7c71 is further amended by striking subsection 7h74 7#c7 ,effective date ,the amendments made by paragraphs 7#a7 and 7#b7 shall take effect on the date that is one day after the date on which the hourly wage under subclause 7,,iii7 of section #c7m77#b77;,a77i7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7m77#b77;,a77i771 as amended by subsection 7a71 takes effect4 7e7 ,effective date ,except as provided in subsection 7d77#c71 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 ,act4 ,,ii ,strengthening ,workplace ,rights #bja4 ,clarifying sexual orientation discrimination and gender identity discrimination are unlawful sex discrimination 7a7 ,employment 7#a7 ,rules of construction ,title ,,vii of the ,civil ,rights ,act of #aifd is amended by inserting after section #gja 7#db ,u4,s4,c4 #bjjj;e7 the following3 #gja;,a4 ,rules of construction ,section #aajf shall apply to this title except that for purposes of that application1 a reference in that section to an unlawful practice shall be considered to be a reference to an unlawful employment practice4 4 7#b7 ,unlawful employment practices ,section #gjc of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#b7 is amended-- 7,a7 in the section header1 by striking ,sex1 and inserting ,sex 7including sexual orientation1 gender identity1 pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 and a sex stereotype712 7,b7 except in subsections 7e71 7j7 and 7m71 by striking sex1 each place it appears and inserting sex 7including sexual orientation1 gender identity1 pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 and a sex stereotype712 7,c7 in subsection 7e77#a71 by striking enterprise1 and inserting enterprise1 if1 in a situation in which sex is a bona fide occupational qualification1 individuals are recognized as qualified in accordance with their gender identity12 7,d7 in subsection 7h71 by striking sex the second place it appears and inserting sex 7including sexual orientation1 gender identity1 pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 and a sex stereotype712 7,e7 in subsection 7j7-- 7i7 by striking sex1 the first place it appears and inserting sex 7including sexual orientation1 gender identity1 pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 and a sex stereotype712 and 7ii7 by striking sex1 the second and third places it appears and inserting sex 7including sexual orientation1 gender identity1 pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 and a sex stereotype712 and 7,f7 in subsection 7m71 by striking sex1 and inserting sex 7including sexual orientation1 gender identity1 pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 and a sex stereotype714 7#c7 ,other unlawful employment practices ,section #gjd7;b7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#c7;b77 is amended-- 7,a7 by striking sex1 the first place it appears and inserting sex 7including sexual orientation1 gender identity1 pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 and a sex stereotype712 and 7,b7 by striking employment4 and inserting employment1 if1 in a situation in which sex is a bona fide occupational qualification1 individuals are recognized as qualified in accordance with their gender identity44 7#d7 ,claims ,section #gjf7;g77#b77;,a7 of the ,civil ,rights ,act of #aifd 7#bjjj;e-#e7;g77#b77;,a77 is amended by striking sex1 and inserting sex 7including sexual orientation1 gender identity1 pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 and a sex stereotype714 7#e7 ,employment by ,federal ,government ,section #gag of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#af7 is amended-- 7,a7 in subsection 7a71 by striking sex1 and inserting sex 7including sexual orientation1 gender identity1 pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 and a sex stereotype712 and 7,b7 in subsection 7c71 by striking sex and inserting sex 7including sexual orientation1 gender identity1 pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 and a sex stereotype714 7#f7 ,government ,employee ,rights ,act of #aiia ,the ,government ,employee ,rights ,act of #aiia 7#db ,u4,s4,c4 #bjjj;e-#af;a et seq47 is amended-- 7,a7 in section #cja7;b71 by striking sex1 and inserting sex 7including sexual orientation1 gender identity1 pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 and a sex stereotype712 7,b7 in section #cjb7;a77#a71 by striking sex1 and inserting sex 7including sexual orientation1 gender identity1 pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 and a sex stereotype712 and 7,c7 by adding at the end the following3 #cje4 ,rules of construction and claims ,sections #aaja7;b71 #aajf1 and #aajg of the ,civil ,rights ,act of #aifd shall apply to this title except that for purposes of that application1 a reference in that section #aajf to race1 color1 religion1 sex 7including sexual orientation1 gender identity1 pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 and a sex stereotype71 or national origin shall be considered to be a reference to race1 color1 religion1 sex 7including sexual orientation1 gender identity1 pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 and a sex stereotype71 national origin1 age1 or disability4 4 7#g7 ,congressional ,accountability ,act of #aiie ,the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja et seq47 is amended-- 7,a7 in section #bja7;a77#a7 7#b ,u4,s4,c4 #acaa7;a77#a77 by striking sex1 and inserting sex 7including sexual orientation1 gender identity1 pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 and a sex stereotype712 and 7,b7 by adding at the end of title ,,ii 7#db ,u4,s4,c4 #acaa et seq47 the following3 #bjh4 ,rules of construction and claims ,sections #aaja7;b71 #aajf1 and #aajg of the ,civil ,rights ,act of #aifd shall apply to section #bja 7and remedial provisions of this ,act related to section #bja7 except that for purposes of that application1 a reference in that section #aajf to race1 color1 religion1 sex 7including sexual orientation1 gender identity1 pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 and a sex stereotype71 or national origin shall be considered to be a reference to race1 color1 religion1 sex 7including sexual orientation1 gender identity1 pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 and a sex stereotype71 national origin1 age1 or disability4 4 7#h7 ,civil ,service ,reform ,act of #aigh ,chapter #bc of title #e1 ,united ,states ,code1 is amended-- 7,a7 in section #bcja7;b77#b71 by striking sex1 and inserting sex 7including sexual orientation1 gender identity1 pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 and a sex stereotype712 7,b7 in section #bcjb-- 7i7 in subsection 7b77#a77;,a71 by striking sex1 and inserting sex 7including sexual orientation1 gender identity1 pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 and a sex stereotype712 and 7ii7 in subsection 7d77#a71 by striking sex1 and inserting sex 7including sexual orientation1 gender identity1 pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 and a sex stereotype712 and 7,c7 by adding at the end the following3 #bcjg4 ,rules of construction and claims ,sections #aaja7;b71 #aajf1 and #aajg of the ,civil ,rights ,act of #aifd shall apply to this chapter 7and remedial provisions of this title related to this chapter7 except that for purposes of that application1 a reference in that section #aajf to race1 color1 religion1 sex 7including sexual orientation1 gender identity1 pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 and a sex stereotype71 or national origin shall be considered to be a reference to race1 color1 religion1 sex 7including sexual orientation1 gender identity1 pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 and a sex stereotype71 national origin1 age1 disability1 marital status1 or political affiliation4 4 7b7 ,miscellaneous ,title ,,xi of the ,civil ,rights ,act of #aifd is amended-- 7#a7 by redesignating sections #aaja through #aajd 7#db ,u4,s4,c4 #bjjj;h et seq47 and sections #aaje and #aajf 7#db ,u4,s4,c4 #bjjj;h-#e1 #bjjj;h-#f7 as sections #aajb through #aaje and sections #aajh and #aaji1 respectively2 7#b7 by inserting after the title heading the following3 #aaja4 ,definitions and rules 7a7 ,definitions ,in title ,,vii3 7#a7 ,race2 color2 religion2 sex2 sexual orientation2 gender identity2 national origin ,the term race1 color1 religion1 sex1 or national origin1 used with respect to an individual1 includes-- 7,a7 the race1 color1 religion1 sex 7including sexual orientation1 gender identity1 pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 and a sex stereotype71 or national origin1 respectively1 of another person with whom the individual is associated or has been associated2 and 7,b7 a perception or belief1 even if inaccurate1 concerning the race1 color1 religion1 sex 7including sexual orientation1 gender identity1 pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 and a sex stereotype71 or national origin1 respectively1 of the individual4 7#b7 ,gender identity ,the term gender identity means the gender-related identity1 appearance1 mannerisms1 or other gender-related characteristics of an individual1 regardless of the individual's designated sex at birth4 7#c7 ,including ,the term including means including1 but not limited to1 consistent with the term's standard meaning in ,federal law4 7#d7 ,sexual orientation ,the term sexual orientation means homosexuality1 heterosexuality1 or bisexuality4 7b7 ,rules ,in title ,,vii-- 7#a7 with respect to sex1 an individual's pregnancy1 childbirth1 or related medical condition shall not receive less favorable treatment than other physical conditions2 and 7#b7 with respect to gender identity1 an individual shall not be denied access to a shared facility1 including a restroom1 a locker room1 and a dressing room1 that is in accordance with the individual's gender identity4 2 and 7#c7 by inserting after section #aaje the following3 #aajf4 ,rules of construction 7a7 ,sex ,nothing in section #aaja or the provisions of title ,,vii incorporating a term defined or a rule specified in that section shall be construed-- 7#a7 to limit the protection against an unlawful practice on the basis of pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth provided by section #gja7k72 or 7#b7 to limit the protection against an unlawful practice on the basis of sex available under any provision of ,federal law other than title ,,vii1 prohibiting a practice on the basis of sex4 7b7 ,claims and remedies not precluded ,nothing in section #aaja or title ,,vii shall be construed to limit the claims or remedies available to any individual for an unlawful practice on the basis of race1 color1 religion1 sex 7including sexual orientation1 gender identity1 pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 and a sex stereotype71 or national origin including claims brought pursuant to section #aigi or #aihj of the ,revised ,statutes 7#db ,u4,s4,c4 #aihc1 #aihe7 or any other law1 including a ,federal law amended by the ,,be ,,heard in the ,workplace ,act1 regulation1 or policy4 7c7 ,no negative inference ,nothing in section #aaja or title ,,vii shall be construed to support any inference that any ,federal law prohibiting a practice on the basis of sex does not prohibit discrimination on the basis of pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 sexual orientation1 gender identity1 or a sex stereotype4 #aajg4 ,claims ,the ,religious ,freedom ,restoration ,act of #aiic 7#db ,u4,s4,c4 #bjjj;bb et seq47 shall not provide a claim concerning1 or a defense to a claim under1 title ,,vii1 or provide a basis for challenging the application or enforcement of title ,,vii4 4 #bjb4 ,covered employers ,section #gja7;b7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e7b77 is amended by striking fifteen and inserting one4 #bjc4 ,compensatory and punitive damages available 7a7 ,civil rights2 disability 7#a7 ,in general ,section #aigg;,a7b7 of the ,revised ,statutes 7#db ,u4,s4,c4 #aiha;a7b77 is amended by striking paragraph 7#c7 and inserting the following3 7#c7 ,losses ,compensatory damages are available under this section for future pecuniary losses1 emotional pain1 suffering1 inconvenience1 mental anguish1 loss of enjoyment of life1 and other nonpecuniary losses4 4 7#b7 ,conforming amendments 7,a7 ,section #bja7;b7 of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acaa7;b77 is amended1 in paragraphs 7#a77;,b7 and 7#c77;,b7-- 7i7 by striking and1 irrespective of the size of the employing office1 #aigg;,a7b77#c77;,d7 and inserting and #aigg;,a7b77#c72 and 7ii7 by striking and #aiha;a7b77#c77;,d7 and inserting and #aiha;a7b77#c74 7,b7 ,section #daa7;b7 of title #c1 ,united ,states ,code1 is amended1 in paragraphs 7#a77;,b7 and 7#c77;,b71 by striking and1 irrespective of the size of the employing office1 #aigg;,a7b77#c77;,d7 and inserting and #aigg;,a7b77#c74 7,c7 ,section #bjg of the ,genetic ,information ,nondiscrimination ,act of #bjjh 7#db ,u4,s4,c4 #bjjj;ff-#af7 is amended1 in paragraph 7#c7 of each of subsections 7a7 through 7e71 by striking 1 including the limitations contained in subsection 7b77#c7 of such section #aigg;,a14 7b7 ,age ,section #g7;b7 of the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fbf7;b77 is amended-- 7#a7 by striking 7b7 ,the and all that follows through the third sentence and inserting the following3 7b7 7#a7 ,except as otherwise provided in another subsection of this section1 or section #i1 the powers1 remedies1 and procedures set forth in sections #gje1 #gjf1 #gjg1 #gji1 and #gaj of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#d1 #bjjj;e-#e1 #bjjj;e-#f1 #bjjj;e-#h1 and #bjjj;e-#i7 shall be the powers1 remedies1 and procedures this ,act provides to the ,commission1 to the ,attorney ,general1 or to any person alleging discrimination on the basis of age in violation of section #d1 or regulations promulgated under section #i4 2 and 7#b7 in the second sentence of that subsection 7b71 as amended by paragraph 7#a71 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 #aifd 7#db ,u4,s4,c4 #bjjj;e et seq474 #bjd4 ,harassment and discrimination2 standards of proof 7a7 ,findings ,congress finds that-- 7#a7 harassment is a persistent and significant problem in the workplace in the ,united ,states2 7#b7 workers are harassed because of their sex 7including sexual orientation1 gender identity1 pregnancy1 childbirth1 or a medical condition related to pregnancy or childbirth1 and a sex stereotype71 race1 color1 religion1 national origin1 age1 disability1 genetic information1 and uniformed services status2 7#c7 ,congress enacted title ,,vii of the ,civil ,rights ,act of #aifd intending to provide broad protection from many forms of bias in the workplace2 7#d7 the ,supreme ,court has recognized in ,city of ,los ,angeles ,department of ,water and ,power v4 ,manhart1 #dce ,u4,s4 #gjb 7#aigh71 that the protection against sex discrimination in the terms1 conditions1 or privileges of employment under title ,,vii of the ,civil ,rights ,act of #aifd reflects ,congress' intent to strike at the entire spectrum of sex-based discrimination in employment2 7#e7 in #aihj1 the ,equal ,employment ,opportunity ,commission 7referred to in this section as the ,commission7 amended its ,guidelines on ,discrimination ,because of ,sex 7referred to in this section as the ,guidelines7 to specify that sexual harassment is a form of sex discrimination prohibited by title ,,vii of the ,civil ,rights ,act of #aifd2 7#f7 in the ,guidelines1 the ,commission explained that harassing conduct is unlawful where-- 7,a7 submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment2 7,b7 submission to or rejection of such conduct by an individual is used as the basis for employment decisions2 or 7,c7 the conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating1 hostile1 or offensive working environment2 7#g7 the ,commission further explained that1 with respect to the evidence required to support a finding of unlawful harassment1 it will look at the record as a whole and at the totality of the circumstances1 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 facts1 on a case by case basis2 7#h7 six years later1 the ,supreme ,court in ,meritor ,savings ,bank v4 ,vinson1 #dgg ,u4,s4 #eg 7#aihf71 recognized that the protections under title ,,vii of the ,civil ,rights ,act of #aifd are not limited to discrimination that causes economic or tangible loss1 and held that the phrase terms1 conditions1 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 harassment2 7#i7 in reaching this conclusion in the ,meritor decision1 the ,supreme ,court cited and approved the ,guidelines2 7#aj7 in the ,meritor decision1 the ,supreme ,court cited with approval lower court decisions that concluded that a hostile work environment based on race1 religion1 or national origin violates the prohibition of discrimination in the terms1 conditions1 or privileges of employment under title ,,vii of the ,civil ,rights ,act of #aifd1 which decisions included-- 7,a7 ,rogers v4 ,,eeoc1 #ded ,f4#b;d #bcd 7#eth ,cir4 #aiga72 7,b7 ,firefighters ,institute for ,racial ,equality v4 ,city of ,st4 ,louis1 #edi ,f4#b;d #ejf 7#hth ,cir4 #aigg72 7,c7 ,gray v4 ,greyhound ,lines1 #ede ,f4#b;d #afi 7,d4,c4 ,cir4 #aigf72 7,d7 ,compston v4 ,borden1 ,inc41 #dbd ,f4 ,supp4 #aeg 7,s4,d4 ,ohio #aigf72 and 7,e7 ,cariddi v4 ,kansas ,city ,chiefs ,football ,club1 ,inc41 #efh ,f4#b;d #hg 7#hth ,cir4 #aigg72 7#aa7 in defining the evidence required to prove a violation of title ,,vii of the ,civil ,rights ,act of #aifd1 in the ,meritor decision1 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 7quoting ,rogers v4 ,,eeoc1 #ded ,f4#b;d #bcd 7#eth ,cir4 #aiga772 7#ab7 in ,harris v4 ,forklift ,systems1 ,inc41 #eaj ,u4,s4 #ag 7#aiic71 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 unlawful1 but rather1 need merely create a work environment that a reasonable person in the protected class would find hostile or abusive2 7#ac7 in ,harris v4 ,forklift ,systems1 ,inc41 the ,supreme ,court held that whether a work environment is unlawfully hostile or abusive does not depend on any mathematically precise test1 but rather1 is to be determined by looking at all of the circumstances1 with no single factor required2 7#ad7 in ,national ,railroad ,passenger ,corp4 v4 ,morgan1 #ecf ,u4,s4 #aja 7#bjjb71 the ,supreme ,court reaffirmed the ,harris decision and further held that the hostility or abusiveness of each harassing act should be considered in the aggregate1 not in isolation1 regardless of whether such acts occur over days or even years2 7#ae7 notwithstanding the rulings of the ,supreme ,court specified in this subsection1 some lower court decisions have treated harassing conduct's severity or pervasiveness as the only #b relevant factors in evaluating whether such conduct violates title ,,vii of the ,civil ,rights ,act of #aifd2 7#af7 some lower court decisions have treated severe or pervasive as a threshold for liability1 when the relevant inquiry is whether the harassing conduct actually altered the terms1 conditions1 or privileges of employment2 7#ag7 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 unlawful1 despite ,congress' intent that title ,,vii of the ,civil ,rights ,act of #aifd afford a broad scope of protection from discrimination2 7#ah7 examples of decisions that use the erroneous analysis described in paragraphs 7#ae7 through 7#ag7 in the context of harassment on the basis of sex include-- 7,a7 ,singleton v4 ,department of ,correctional ,education1 #aae ,fed4 ,appx4 #aai 7#dth ,cir4 #bjjd72 7,b7 ,black v4 ,zaring ,homes1 ,inc41 #ajd ,f4#c;d #hbb 7#fth ,cir4 #aiig72 7,c7 ,weiss v4 ,coca-,cola ,bottling ,co41 #iij ,f4#b;d #ccc 7#gth ,cir4 #aiic72 7,d7 ,rickard v4 ,swedish ,match ,north ,america1 ,inc41 #ggc ,f4#c;d #aha 7#hth ,cir4 #bjad72 7,e7 ,mitchell v4 ,pope1 #ahi ,f4 ,appx4 #iaa 7#aath ,cir4 #bjjf72 and 7,f7 ,brooks v4 ,city of ,san ,mateo1 #bbi ,f4#c;d #iag 7#ith ,cir4 #bjjj72 7#ai7 lower courts have made similar erroneous decisions in the context of harassment on the basis of race1 national origin1 age1 and disability such as in ,crawford v4 ,medina ,general ,hospital1 #if ,f4#c;d #hcj 7#fth ,cir4 #aiif71 ,shaver v4 ,independent ,stave ,co41 #cej ,f4#c;d #gaf 7#hth ,cir4 #bjjc71 and ,motley v4 ,parker-,hannifan ,corp41 ,no4 #a3 #id-;,,cv-#fci 7,w4,d4 ,mich4 #aiie72 7#bj7 in contrast1 other lower court decisions applying the ,meritor case and its progeny have appropriately recognized that a wide range of harassing behavior may alter the terms1 conditions1 or privileges of employment1 with no single type1 frequency1 or duration of conduct required to make a showing of severe or pervasive harassment2 7#ba7 for example1 in the context of harassment based on sex1 those decisions have held that-- 7,a7 conduct need not be physical to create a hostile or abusive work environment1 as in ,billings v4 ,town of ,grafton1 #eae ,f4#c;d #ci 7#ast ,cir4 #bjjh72 7,b7 an individual need not be the target of sexually demeaning conduct in order to experience unlawful harassment1 as in ,petrosino v4 ,bell ,atlantic1 #che ,f4#c;d #baj 7#b;d ,cir4 #bjjd72 7,c7 power disparities1 such as the young age of the individual harassed1 compound the conduct's harmful effects1 as in ,,eeoc v4 ,r,r ,ventures1 #bdd ,f4#c;d #ccd 7#dth ,cir4 #bjja72 7,d7 gender-based epithets are equally as unlawful as overtly sexual conduct1 as in ,gallagher v4 ,c4,h4 ,robinson ,worldwide1 ,inc41 #efg ,f4#c;d #bfc 7#fth ,cir4 #bjji72 and 7,e7 a single incident can alter the terms1 conditions1 or privileges of employment1 as in ,howley v4 ,town of ,stratford1 #bag ,f4#c;d #ada 7#b;d ,cir4 #bjjj72 7#bb7 similarly1 in the context of harassment based on other protected characteristics1 other courts have appropriately held that-- 7,a7 calling an individual an old man and pops could create an actionably hostile work environment based on age1 as in ,dediol v4 ,best ,chevrolet1 ,inc41 #fee ,f4#c;d #dce 7#eth ,cir4 #bjaa72 7,b7 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 disability1 as in ,quiles-,quiles v4 ,henderson1 #dci ,f4#c;d #a 7#ast ,cir4 #bjjf72 and 7,c7 a single incident of calling an ,african-,american individual the n word is sufficient to support a finding of a hostile work environment based on race1 as in ,rodgers v4 ,western-,southern ,life ,insurance ,co41 #ab ,f4#c;d #ffh 7#gth ,cir4 #aiic72 and 7#bc7 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 #aigb 7#bj ,u4,s4,c4 #afha et seq471 as in ,farmer v4 ,troy ,university1 ,no4 #e3ag-;,,cv-#gj-;,b#j 7,e4,d4,n4,c4 #bjag74 7b7 ,purposes ,the purposes of this section are to-- 7#a7 enact into statutory law provisions that establish that workplace harassment is a violation of the-- 7,a7 protections from discrimination in the terms1 conditions1 or privileges of employment found in title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq472 7,b7 protections from disability discrimination found in title ,i of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaaa et seq47 and sections #eja and #eje of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gia1 #gid;a72 7,c7 protections from age discrimination found in the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fba et seq472 7,d7 protections from genetic information discrimination found in title ,,ii of the ,genetic ,information ,nondiscrimination ,act of #bjjh 7#db ,u4,s4,c4 #bjjj;ff et seq472 and 7,e7 protections from uniformed services status discrimination found in section #dcaa of title #ch1 ,united ,states ,code2 and 7#b7 establish a liability standard for workplace harassment that fulfills ,congress' intent of providing broad protection from discrimination in employment on the basis of race1 color1 religion1 sex 7including sexual orientation1 gender identity1 pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 and a sex stereotype71 national origin1 age1 disability1 genetic information1 and uniformed services status4 7c7 ,enacting into statutory law provisions establishing workplace harassment as an unlawful employment practice 7#a7 ,civil ,rights ,act of #aifd ,section #gjc of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#b7 is amended by adding at the end the following3 7o7 7#a7 7,a7 ,in this subsection1 the term workplace harassment means conduct based on race1 color1 religion1 sex 7including sexual orientation1 gender identity1 pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 and a sex stereotype71 or national origin1 regardless of whether it is direct or indirect1 or verbal or nonverbal1 that unreasonably alters an individual's terms1 conditions1 or privileges of employment1 including by creating an intimidating1 hostile1 or offensive work environment4 7,b7 7i7 ,in this subsection1 the term includes sexual harassment1 which is conduct that takes place in a circumstance described in clause 7ii7 and that takes the form of-- 7,i7 a sexual advance2 7,,ii7 a request for sexual favors2 or 7,,iii7 any other conduct of a sexual nature4 7ii7 ,a circumstance described in this clause is a situation in which-- 7,i7 submission to the conduct involved is made either explicitly or implicitly a term or condition of employment2 7,,ii7 submission to or rejection of such conduct is used as the basis for an employment decision affecting an individual's employment2 or 7,,iii7 such conduct unreasonably alters an individual's terms1 conditions1 or privileges of employment1 including by creating an intimidating hostile1 or offensive work environment4 7#b7 ,it shall be an unlawful employment practice under subsection 7a7 to engage in workplace harassment4 7#c7 ,in determining1 for purposes of this subsection1 whether conduct constitutes workplace harassment because the conduct unreasonably alters an individual's terms1 conditions1 or privileges of employment1 including by creating an intimidating1 hostile1 or offensive work environment1 the following rules shall apply3 7,a7 ,that determination shall be made on the basis of the record as a whole1 according to the totality of the circumstances4 ,a single incident may constitute workplace harassment4 7,b7 ,incidents that may be workplace harassment shall be considered in the aggregate1 with-- 7i7 conduct of varying types 7such as expressions of sex-based hostility1 requests for sexual favors1 and denial of employment opportunities due to sexual orientation7 viewed in totality1 rather than in isolation2 and 7ii7 conduct based on multiple protected characteristics 7such as sex and race7 viewed in totality1 rather than in isolation4 7,c7 ,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 exhaustive4 ,no one of those factors shall be considered to be determinative in establishing whether conduct constitutes workplace harassment4 ,such factors are each of the following3 7i7 ,the frequency of the conduct4 7ii7 ,the duration of the conduct4 7iii7 ,the location where the conduct occurred4 7iv7 ,the number of individuals engaged in the conduct4 7v7 ,the nature of the conduct1 which may include physical1 verbal1 pictorial1 or visual conduct1 and conduct that occurs in person or is transmitted1 such as electronically4 7vi7 ,whether the conduct is threatening4 7vii7 ,any power differential between the alleged harasser and the person allegedly harassed4 7viii7 ,any use of epithets1 slurs1 or other conduct that is humiliating or degrading4 7ix7 ,whether the conduct reflects stereotypes about individuals in the protected class involved4 7#d7 ,in determining1 for purposes of this subsection1 whether conduct constitutes workplace harassment1 conduct may be workplace harassment regardless of whether1 for example-- 7,a7 the complaining party is not the individual being harassed2 7,b7 the complaining party acquiesced or otherwise submitted to1 or participated in1 the conduct2 7,c7 the conduct is also experienced by others outside the protected class involved2 7,d7 the complaining party was able to continue carrying out duties and responsibilities of the party's job despite the conduct2 7,e7 the conduct did not cause a tangible injury or psychological injury2 or 7,f7 the conduct occurred outside of the workplace4 4 7#b7 ,americans with ,disabilities ,act of #aiij ,section #ajb7;b7 of the ,americans with ,disabilities ,act 7#db ,u4,s4,c4 #abaab7;b77 is amended-- 7,a7 in paragraph 7#f71 by striking and at the end2 7,b7 in paragraph 7#g71 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following3 7#h7 engaging in workplace harassment1 which is conduct based on disability1 regardless of whether it is direct or indirect1 or verbal or nonverbal1 that-- 7,a7 unreasonably alters an individual's terms1 conditions1 or privileges of employment1 including by creating an intimidating1 hostile1 or offensive work environment2 and 7,b7 is determined to be such harassment in accordance with paragraphs 7#c7 and 7#d7 of section #gjc7o7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#b7o774 4 7#c7 ,rehabilitation ,act of #aigc ,section #eja7;f7 of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gia7;f77 is amended by inserting 1 including section #ajb7;b7 of that ,act 7#db ,u4,s4,c4 #abaab7;b771 before and the provisions4 7#d7 ,age ,discrimination in ,employment ,act ,section #d of the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fbc7 is amended by adding at the end the following3 7n7 ,it shall be unlawful under subsection 7a7 to engage in workplace harassment1 which is conduct based on age1 regardless of whether it is direct or indirect1 or verbal or nonverbal1 that-- 7#a7 unreasonably alters an individual's terms1 conditions1 or privileges of employment1 including by creating an intimidating1 hostile1 or offensive work environment2 and 7#b7 is determined to be such harassment in accordance with paragraphs 7#c7 and 7#d7 of section #gjc7o7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#b7o774 4 7#e7 ,genetic ,information ,nondiscrimination ,act of #bjjh ,section #bjb of the ,genetic ,information ,nondiscrimination ,act of #bjjh 7#db ,u4,s4,c4 #bjjj;ff-#a7 is amended by adding at the end the following3 7d7 ,workplace harassment ,it shall be an unlawful employment practice under subsection 7a7 to engage in workplace harassment1 which is conduct based on genetic information1 regardless of whether it is direct or indirect1 or verbal or nonverbal1 that-- 7#a7 unreasonably alters an individual's terms1 conditions1 or privileges of employment1 including by creating an intimidating1 hostile1 or offensive work environment2 and 7#b7 is determined to be such harassment in accordance with paragraphs 7#c7 and 7#d7 of section #gjc7o7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#b7o774 4 7#f7 ,chapter #dc of title #ch1 ,united ,states ,code ,section #dcaa of title #ch1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 ,it shall be an unlawful employment practice under subsection 7a7 to engage in workplace harassment1 which is conduct based on uniformed services status 7meaning the membership1 application for membership1 performance of service1 application for service1 or obligation1 described in subsection 7a771 regardless of whether it is direct or indirect1 or verbal or nonverbal1 that-- 7#a7 unreasonably alters an individual's benefits of employment1 including by creating an intimidating1 hostile1 or offensive work environment2 and 7#b7 is determined to be such harassment in accordance with paragraphs 7#c7 and 7#d7 of section #gjc7o7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#b7o774 4 #bje4 ,clarifying other standards of proof 7a7 ,amendments to definitions 7#a7 ,americans with ,disabilities ,act of #aiij ,section #aja of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaaa7 is amended by adding at the end the following3 7#aa7 ,demonstrates ,the term demonstrates means meets the burdens of production and persuasion4 4 7#b7 ,age ,discrimination in ,employment ,act of #aifg ,section #aa of the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fcj7 is amended by adding at the end the following3 7m7 ,the term demonstrates means meets the burdens of production and persuasion4 4 7#c7 ,genetic ,information ,nondiscrimination ,act of #bjjh ,section #bja of the ,genetic ,information ,nondiscrimination ,act of #bjjh 7#db ,u4,s4,c4 #bjjj;ff7 is amended by adding at the end the following3 7#h7 ,demonstrates ,the term demonstrates means meets the burdens of production and persuasion4 4 7b7 ,clarifying prohibition against impermissible consideration in employment practices 7#a7 ,race1 color1 religion1 sex1 or national origin ,section #gjc of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#b7 is amended by striking subsection 7m7 and inserting the following3 7m7 ,except as otherwise provided in this title1 an unlawful employment practice is established under this title when the complaining party demonstrates that race1 color1 religion1 sex1 or national origin or an activity protected by section #gjd7;a7 was a motivating factor for any employment practice1 even though other factors also motivated the practice4 4 7#b7 ,disability ,section #ajb of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaab7 is amended by adding at the end the following3 7e7 ,proof 7#a7 ,establishment ,except as otherwise provided in this ,act1 a discriminatory practice is established under this ,act when the complaining party demonstrates that disability or an activity protected by subsection 7a7 or 7b7 of section #ejc was a motivating factor for any employment practice1 even though other factors also motivated the practice4 7#b7 ,demonstration ,in establishing a discriminatory practice under paragraph 7#a7 or by any other method of proof1 a complaining party-- 7,a7 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 ,act2 and 7,b7 shall not be required to demonstrate that disability or an activity protected by subsection 7a7 or 7b7 of section #ejc was the sole cause of an employment practice4 4 7#c7 ,age ,section #d of the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fbc7 is amended by inserting after subsection 7f7 the following3 7g7 7#a7 ,except as otherwise provided in this ,act1 an unlawful practice is established under this ,act when the complaining party demonstrates that age or an activity protected by subsection 7d7 was a motivating factor for any practice1 even though other factors also motivated the practice4 7#b7 ,in establishing an unlawful practice under this ,act1 including under paragraph 7#a7 or by any other method of proof1 a complaining party-- 7,a7 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 ,act2 and 7,b7 shall not be required to demonstrate that age or an activity protected by subsection 7d7 was the sole cause of a practice4 4 7#d7 ,genetic information ,section #bjb of the ,genetic ,information ,nondiscrimination ,act of #bjjh 7#db ,u4,s4,c4 #bjjj;ff-#a71 as amended by section #bjd7;c77#e71 is further amended by adding at the end the following3 7e7 ,proof 7#a7 ,establishment ,except as otherwise provided in this title1 an unlawful employment practice is established under this title when the complaining party demonstrates that genetic information or an activity protected by section #bjg7;f7 was a motivating factor for any employment practice1 even though other factors also motivated the practice4 7#b7 ,demonstration ,in establishing an unlawful employment practice under paragraph 7#a7 or by any other method of proof1 a complaining party-- 7,a7 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 title2 and 7,b7 shall not be required to demonstrate that genetic information or an activity protected by section #bjg7;f7 was the sole cause of an employment practice4 4 7c7 ,certain retaliation claims 7#a7 ,americans with ,disabilities ,act of #aiij ,section #ejc7;c7 of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abbjc7;c77 is amended-- 7,a7 by striking ,the remedies and inserting the following3 7#a7 ,in general ,except as provided in paragraph 7#b71 the remedies 2 and 7,b7 by adding at the end the following3 7#b7 ,certain antiretaliation claims ,section #ajg7;c7 shall apply to claims under section #ajb7;e77#a7 with respect to title ,i4 4 7#b7 ,age ,discrimination in ,employment ,act of #aifg ,section #d7;d7 of the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fbc7;d77 is amended-- 7,a7 by striking 7d7 ,it shall be and inserting 7d77#a7 ,it shall be2 and 7,b7 by adding at the end the following3 7#b7 ,section #g7;b77#b7 shall apply to claims under section #d7;g77#a74 4 7#c7 ,genetic ,information ,nondiscrimination ,act of #bjjh ,section #bjg7;f7 of the ,genetic ,information ,nondiscrimination ,act of #bjjh 7#db ,u4,s4,c4 #bjjj;ff-#f7;f77 is amended-- 7,a7 by striking ,no and inserting the following3 7#a7 ,in general ,no 2 7,b7 in the second sentence1 by striking ,the remedies and inserting ,except as provided in paragraph 7#b71 the remedies2 and 7,c7 by adding at the end the following3 7#b7 ,certain retaliation claims ,subsection 7g7 shall apply to claims under section #bjb7;d77#a74 4 7d7 ,remedies 7#a7 ,americans with ,disabilities ,act of #aiij ,section #ajg of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaag7 is amended by adding at the end the following3 7c7 ,discriminatory motivating factor ,on a claim in which an individual demonstrates that disability was a motivating factor for any employment practice1 under section #ajb7;e77#a71 and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor1 the court-- 7#a7 may grant declaratory relief1 injunctive relief 7except as provided in paragraph 7#b771 and attorney's fees and costs demonstrated to be directly attributable only to the pursuit of a claim under section #ajb7;e77#a72 and 7#b7 shall not award damages or issue an order requiring any admission1 reinstatement1 hiring1 promotion1 or payment4 4 7#b7 ,age ,discrimination in ,employment ,act of #aifg ,section #g of the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fbf7 is amended-- 7,a7 in subsection 7b71 as amended by section #bjc7;b7-- 7i7 in the second sentence1 by striking ,in and inserting ,subject to paragraph 7#b71 in2 7ii7 in the third sentence1 by striking ,before and inserting the following3 7#c7 ,before 2 and 7iii7 by inserting before paragraph 7#c71 as designated by clause 7ii71 the following3 7#b7 ,on a claim in which an individual demonstrates that age was a motivating factor for any employment practice1 under section #d7;g77#a71 and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor1 the court-- 7,a7 may grant declaratory relief1 injunctive relief 7except as provided in subparagraph 7,b771 and attorney's fees and costs demonstrated to be directly attributable only to the pursuit of a claim under section #d7;g77#a72 and 7,b7 shall not award damages or issue an order requiring any admission1 reinstatement1 hiring1 promotion1 or payment4 2 and 7,b7 in subsection 7c7-- 7i7 in paragraph 7#a71 by striking ,any and inserting ,subject to subsection 7b77#b71 any2 and 7ii7 in paragraph 7#b71 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 #aifd 7#db ,u4,s4,c4 #bjjj;e et seq4744 7#c7 ,genetic ,information ,nondiscrimination ,act of #bjjh ,section #bjg of the ,genetic ,information ,nondiscrimination ,act of #bjjh 7#db ,u4,s4,c4 #bjjj;ff-#f7 is amended-- 7,a7 by redesignating subsection 7g7 as subsection 7h72 and 7,b7 by inserting after subsection 7f7 the following3 7g7 ,motivating factor ,on a claim in which an individual demonstrates that genetic information was a motivating factor for any employment practice1 under section #bjb7;e77#a71 including a claim involving an employee or applicant described in any of subsections 7a7 through 7e71 and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor1 the court or the corresponding decisionmaker specified in subsections 7a7 through 7e7-- 7#a7 may grant declaratory relief1 injunctive relief 7except as provided in paragraph 7#b771 and attorney's fees and costs demonstrated to be directly attributable only to the pursuit of a claim under section #bjb7;d77#a72 and 7#b7 shall not award damages or issue an order requiring any admission1 reinstatement1 hiring1 promotion1 or payment4 4 7e7 ,federal employees 7#a7 ,title ,,vii of the ,civil ,rights ,act of #aifd ,section #gag of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#af7 is amended by adding at the end the following3 7g7 ,sections #gjc7m7 and #gjf7;g77#b77;,b7 shall apply to mixed motive cases 7involving practices described in section #gjc7m77 under this section4 4 7#b7 ,rehabilitation ,act of #aigc ,the amendment made by subsection 7f7 to section #eja7;f7 of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gia7;f77 shall be construed to apply to all employees covered by section #eja of that ,act 7#bi ,u4,s4,c4 #gia74 7#c7 ,age ,discrimination in ,employment ,act of #aifg ,section #ae of the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fcc;a7 is amended-- 7,a7 in subsection 7a7-- 7i7 by striking ,states7 in and inserting ,states7 shall be made free from any discrimination based on age1 in--2 7ii7 by striking military departments and inserting the following3 7#a7 military departments 2 7iii7 by striking ,code1 in executive agencies and inserting the following3 8,code2 7#b7 executive agencies 2 7iv7 by striking funds71 in the ,united ,states ,postal and inserting the following3 8funds72 7#c7 the ,united ,states ,postal 2 7v7 by striking ,commission1 in those units and inserting the following3 8,commission2 7#d7 those units 2 7vi7 by striking competitive service1 and in those units and inserting the following3 8competitive service2 7#e7 those units 2 7vii7 by striking competitive service1 in the ,smithsonian and inserting 8competitive service2 7#f7 the ,smithsonian 2 7viii7 by striking ,institution1 and in the ,government and inserting 8,institution2 7#g7 the ,government 2 7ix7 by striking ,printing ,office1 the ,general and inserting 8,printing ,office2 7#h7 the ,general 2 7x7 by striking ,office1 and the ,library and inserting 8,office2 and 7#i7 the ,library 2 and 7xi7 by striking of ,congress and all that follows and inserting of ,congress42 7,b7 in subsection 7b71 by striking the first1 second1 third1 fourth1 and sixth sentences2 7,c7 in subsection 7c71 by striking ,any person and inserting ,notwithstanding any other provision of this ,act1 any person2 7,d7 by striking subsection 7g7 and inserting the following3 7g7 ,except as otherwise provided in another subsection of this section1 section #g1 or section #i1 the powers1 remedies1 and procedures provided in section #gag of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#af7 to the ,commission1 the ,attorney ,general1 the ,librarian of ,congress1 or any person1 alleging a violation of that section shall be the powers1 remedies1 and procedures this ,act provides to the ,commission1 the ,attorney ,general1 the ,librarian of ,congress1 or any person1 respectively1 alleging an unlawful employment practice in violation of subsection 7a7 against an employee or applicant for employment described in subsection 7a74 2 and 7,e7 by adding at the end the following3 7h7 ,section #d7;g7 shall apply to mixed motive claims 7involving practices described in section #d7;g77#a77 under this section4 4 7f7 ,additional amendments to the ,rehabilitation ,act of #aigc ,sections #eja7;f71 #ejc7;d71 and #ejd7;d7 of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gia7;f71 #gic7;d71 and #gid7;d771 are each amended by adding after the words title ,i of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaaa et seq47 the following3 1 including the standards of causation and methods of proof applied under section #ajb7;e7 of that ,act 7#db ,u4,s4,c4 #abaab7;e7714 7g7 ,other ,government employees 7#a7 ,congressional ,accountability ,act of #aiie ,section #bja of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acaa7 is amended-- 7,a7 in subsection 7a77#b71 by striking section #ae of the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fcc;a7 and inserting sections #d7;g7 and #ae of the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fbc7;g71 #fcc;a72 and 7,b7 in subsection 7b7-- 7i7 in paragraph 7#b77;,a71 by striking section #ae7;c7 of the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fcc;a7c77 and inserting section #d7;d77#b71 paragraphs 7#a7 and 7#b7 of section #g7;b71 and section #ae7;c7 of the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fbc7;d77#b71 #fbf7;b71 #fcc;a7c772 and 7ii7 in paragraph 7#c77;,a71 by striking section #ajg7;a7 of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaag7;a77 and inserting subsections 7a7 and 7c7 of section #ajg1 and section #ejc7;c77#b71 of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaag1 #abbjc74 7#b7 ,title #c1 ,united ,states ,code ,section #daa of title #c1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a77#b71 by striking section #ae of the ,age ,discrimination in ,employment ,act of #aifg and inserting sections #d7;g7 and #ae of the ,age ,discrimination in ,employment ,act of #aifg2 and 7,b7 in subsection 7b7-- 7i7 in paragraph 7#b77;,a71 by striking section #ae7;c7 of the ,age ,discrimination in ,employment ,act of #aifg and inserting section #d7;d77#b71 paragraphs 7#a7 and 7#b7 of section #g7;b71 and section #ae7;c7 of the ,age ,discrimination in ,employment ,act of #aifg2 and 7ii7 in paragraph 7#c77;,a71 by striking section #ajg7;a7 of the ,americans with ,disabilities ,act of #aiij and inserting subsections 7a7 and 7c7 of section #ajg1 and section #ejc7;c77#b71 of the ,americans with ,disabilities ,act of #aiij4 7#c7 ,government ,employee ,rights ,act of #aiia ,section #cjb of the ,government ,employee ,rights ,act of #aiia 7#db ,u4,s4,c4 #bjjj;e-#af;b7 is amended-- 7,a7 in subsection 7a77#b71 by striking section #ae of the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fcc;a7 and inserting sections #d7;g7 and #ae of the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fbc7;g71 #fcc;a72 and 7,b7 in subsection 7b7-- 7i7 in paragraph 7#a71 by inserting 7and1 in the case of a violation of subsection 7a77#c71 sections #ajg7;c7 and #ejc7;c77#b7 of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaag7;c71 #abbjc7;c77#b777 before 1 and2 and 7ii7 in paragraph 7#b71 by striking section #ae7;c7 of the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fcc;a7c77 and inserting section #d7;d77#b71 paragraphs 7#a7 and 7#b7 of section #g7;b71 and section #ae7;c7 of the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fbc7;d77#b71 #fbf7;b71 #fcc;a7c774 7h7 ,application ,this section1 and the amendments made by this section1 shall apply to all claims pending on or after the date of enactment of this ,act4 #bjf4 ,supervisor liability 7a7 ,amendment to ,title ,,vii of the ,civil ,rights ,act of #aifd 7#a7 ,standard for employer liability for hostile work environment ,section #gjc of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#b71 as amended by #bjd7;c77#a71 is further amended by adding at the end the following3 7p7 ,subject to section #bjf7;j7 of the ,,be ,,heard in the ,workplace ,act1 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 if1 at the time of the harassment-- 7#a7 such individual was authorized by that employer-- 7,a7 to undertake or recommend tangible employment actions affecting the employee2 or 7,b7 to direct the employee's daily work activities2 or 7#b7 the negligence of the employer led to the creation or continuation of that hostile work environment4 4 7#b7 ,standard for employer liability for retaliatory hostile work environment ,section #gjd of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#c71 as amended by section #bja7;a77#c71 is further amended-- 7,a7 by redesignating subsection 7b7 as subsection 7c72 and 7,b7 by inserting after subsection 7a7 the following3 7b7 ,subject to section #bjf7;j7 of the ,,be ,,heard in the ,workplace ,act1 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 7a7 if1 at the time of the harassment-- 7#a7 such individual was authorized by that employer-- 7,a7 to undertake or recommend tangible employment actions affecting the employee2 or 7,b7 to direct the employee's daily work activities2 or 7#b7 the negligence of the employer led to the creation or continuation of that retaliatory hostile work environment4 4 7#c7 ,federal employees ,section #gag of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#af71 as amended by section #bje7;e77#a71 is further amended by adding at the end the following3 7h7 ,the provisions of sections #gjc7p7 and #gjd7;b7 shall apply to hostile work environment claims and retaliatory hostile work environment claims1 respectively1 under this section4 4 7b7 ,amendment to the ,age ,discrimination in ,employment ,act of #aifg 7#a7 ,standard for employer liability for hostile work environment ,section #d of the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fbc71 as amended by section #bjd7;c77#d71 is further amended by adding at the end the following3 7o7 ,subject to section #bjf7;j7 of the ,,be ,,heard in the ,workplace ,act1 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 if1 at the time of the harassment-- 7#a7 such individual was authorized by that employer-- 7,a7 to undertake or recommend tangible employment actions affecting the employee2 or 7,b7 to direct the employee's daily work activities2 or 7#b7 the negligence of the employer led to the creation or continuation of that hostile work environment4 4 7#b7 ,standard for employer liability for retaliatory hostile work environment ,section #d7;d77#a7 of the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fbc7;d77#a771 as amended by section #bje7;c77#b71 is further amended by striking or litigation under this ,act4 and inserting 8or litigation under this ,act4 ,subject to section #bjf7;j7 of the ,,be ,,heard in the ,workplace ,act1 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 if1 at the time of the harassment-- 7,a7 such individual was authorized by that employer-- 7i7 to undertake or recommend tangible employment actions affecting the employee2 or 7ii7 to direct the employee's daily work activities2 or 7,b7 the negligence of the employer led to the creation or continuation of that retaliatory hostile work environment4 4 7#c7 ,federal employees ,section #ae of the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fcc;a71 as amended by section #bje7;e77#c71 is further amended by adding at the end the following3 7i7 ,subsections 7d7 and 7o7 of section #d shall apply to retaliatory hostile work environment claims and hostile work environment claims1 respectively1 under this section4 4 7c7 ,amendment to the ,americans with ,disabilities ,act of #aiij 7#a7 ,standard for employer liability for hostile work environment ,section #ajb of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaab71 as amended by section #bje7;b77#b71 is further amended by adding at the end the following3 7f7 ,subject to section #bjf7;j7 of the ,,be ,,heard in the ,workplace ,act1 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 if1 at the time of the harassment-- 7#a7 such individual was authorized by the employer-- 7,a7 to undertake or recommend tangible employment actions affecting the qualified individual2 or 7,b7 to direct the qualified individual's daily work activities2 or 7#b7 the negligence of the employer led to the creation or continuation of that hostile work environment4 4 7#b7 ,standard for employer liability for retaliatory hostile work environment ,section #ejc of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abbjc7 is amended-- 7,a7 by redesignating subsection 7c7 as subsection 7d72 7,b7 by inserting after subsection 7b7 the following3 7c7 ,subject to section #bjf7;j7 of the ,,be ,,heard in the ,workplace ,act1 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 discrimination1 as described in subsection 7a71 or the carrying out of any unlawful acts described in subsection 7b71 if1 at the time of the harassment-- 7#a7 such individual was authorized by the employer-- 7,a7 to undertake or recommend tangible employment actions affecting the employee2 or 7,b7 to direct the employee's daily work activities2 or 7#b7 the negligence of the employer led to the creation or continuation of that retaliatory hostile work environment4 2 and 7,c7 in subsection 7d71 as redesignated by subparagraph 7,a71 by striking subsections 7a7 and 7b7 and inserting subsections 7a71 7b71 and 7c74 7d7 ,amendment to the ,rehabilitation ,act of #aigc 7#a7 ,standard for employer liability for hostile work environment and retaliatory hostile work environment ,section #eja of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gia7 is amended by adding at the end the following3 7h7 ,subject to section #bjf7;j7 of the ,,be ,,heard in the ,workplace ,act1 each department1 agency1 and instrumentality in the executive branch of ,government and the ,smithsonian ,institution shall be liable for the acts of any individual within such department1 agency1 instrumentality1 or the ,smithsonian ,institution whose harassment of an individual with a disability has created or continued a hostile work environment1 or a retaliatory hostile work environment1 that constitutes nonaffirmative action employment discrimination under this section if1 at the time of the harassment-- 7#a7 such individual was authorized by that department1 agency1 instrumentality1 or the ,smithsonian ,institution-- 7,a7 to undertake or recommend tangible employment actions affecting the individual with a disability2 or 7,b7 to direct the daily work activities of the individual with a disability2 or 7#b7 the negligence of that department1 agency1 instrumentality1 or the ,smithsonian ,institution led to the creation or continuation of that hostile work environment or retaliatory hostile work environment4 4 7#b7 ,standard for employer liability for hostile work environment and retaliatory hostile work environment ,section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid7 is amended by adding at the end the following3 7e7 ,subject to section #bjf7;j7 of the ,,be ,,heard in the ,workplace ,act1 an employer described under subsection 7b7 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 environment1 or a retaliatory hostile work environment1 that constitutes employment discrimination under this section if1 at the time of the harassment-- 7#a7 such individual was authorized by such employer-- 7,a7 to undertake or recommend tangible employment actions affecting the qualified individual with a disability2 or 7,b7 to direct the daily work activities of the qualified individual with a disability2 or 7#b7 the negligence of such employer led to the creation or continuation of that hostile work environment or retaliatory hostile work environment4 4 7#c7 ,remedies ,section #eje of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid;a7 is amended by adding at the end of subsection 7a7 the following3 7#c7 ,sections #eja7;h7 and #ejd7;e7 shall apply to hostile work environment claims and retaliatory hostile work environment claims under this section4 4 7e7 ,amendment to ,section #aigg of the ,revised ,statutes ,section #aigg of the ,revised ,statutes 7#db ,u4,s4,c4 #aiha7 is amended by adding at the end the following3 7d7 ,subject to section #bjf7;j7 of the ,,be ,,heard in the ,workplace ,act1 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 environment1 constituting an unlawful employment practice1 if1 at the time of the harassment-- 7#a7 such individual was authorized by the employer-- 7,a7 to undertake or recommend tangible employment actions affecting the employee2 or 7,b7 to direct the employee's daily work activities2 or 7#b7 the negligence of the employer led to the creation or continuation of that hostile work environment or retaliatory hostile work environment4 4 7f7 ,amendment to the ,genetic ,information ,nondiscrimination ,act of #bjjh 7#a7 ,standard for employer liability for hostile work environment ,section #bjb of the ,genetic ,information ,nondiscrimination ,act of #bjjh 7#db ,u4,s4,c4 #bjjj;ff-#a71 as amended by sections #bjd7;c77#e7 and #bje7;b77#d71 is further amended by adding at the end the following3 7f7 ,subject to section #bjf7;j7 of the ,,be ,,heard in the ,workplace ,act1 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 if1 at the time of the harassment-- 7#a7 such individual was authorized by the employer-- 7,a7 to undertake or recommend tangible employment actions affecting the employee2 or 7,b7 to direct the employee's daily work activities2 or 7#b7 the negligence of the employer led to the creation or continuation of that hostile work environment4 4 7#b7 ,standard for employer liability for retaliatory hostile work environment ,section #bjg7;f77#a7 of the ,genetic ,information ,nondiscrimination ,act 7#db ,u4,s4,c4 #bjjj;ff-#f7;f77#a771 as amended by section #bje7;c77#b71 is further amended by striking violations of this subsection4 and inserting 8violations of this subsection4 ,subject to section #bjf7;j7 of the ,,be ,,heard in the ,workplace ,act1 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 if1 at the time of the harassment-- 7,a7 such individual was authorized by the employer-- 7i7 to undertake or recommend tangible employment actions affecting the employee2 or 7ii7 to direct the employee's daily work activities2 or 7,b7 the negligence of the employer led to the creation or continuation of that retaliatory hostile work environment4 4 7g7 ,amendment to the ,government ,employee ,rights ,act of #aiia ,section #cjb of the ,government ,employee ,rights ,act of #aiia 7#db ,u4,s4,c4 #bjjj;e-#af;b7 is amended by adding at the end the following3 7c7 ,subject to section #bjf7;j7 of the ,,be ,,heard in the ,workplace ,act1 an employer of an individual described under section #cjd7;a7 shall be liable for the acts of any individual whose harassment of a ,state employee described in section #cjd has created or continued a hostile work environment or a retaliatory hostile work environment constituting discrimination under this section1 if at the time of the harassment-- 7#a7 such individual was authorized by such employer-- 7,a7 to undertake or recommend tangible employment actions affecting the employee2 or 7,b7 to direct the employee's daily work activities2 or 7#b7 the negligence of the employer led to the creation or continuation of that hostile work environment or retaliatory hostile work environment4 4 7h7 ,amendment to ,title #c1 ,united ,states ,code ,section #daa of title #c1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsections 7c7 through 7f7 as subsections 7d7 through 7g71 respectively2 7#b7 by inserting after subsection 7b7 the following3 7c7 ,liability of employing office ,subject to section #bjf7;j7 of the ,,be ,,heard in the ,workplace ,act1 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 if1 at the time of the harassment-- 7#a7 such individual was authorized by the employing office-- 7,a7 to undertake or recommend tangible employment actions affecting the covered employee2 or 7,b7 to direct the covered employee's daily work activities2 or 7#b7 the negligence of the employing office led to the creation or continuation of that hostile work environment or retaliatory hostile work environment4 2 and 7#c7 in subsection 7f71 as redesignated by paragraph 7#a71 by striking subsections 7a7 through 7c7 and inserting subsections 7a7 through 7d744 7i7 ,amendment to the ,congressional ,accountability ,act of #aiie ,section #bja of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acaa71 as amended by section #cjb7;a7 of the ,congressional ,accountability ,act of #aiie ,reform ,act1 is further amended-- 7#a7 by striking subsection 7e72 and 7#b7 by adding at the end the following3 7e7 ,outside individuals ,subject to section #bjf7;j7 of the ,,be ,,heard in the ,workplace ,act1 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 if1 at the time of the harassment-- 7#a7 such individual was authorized by the employing office-- 7,a7 to undertake or recommend tangible employment actions affecting the covered employee2 or 7,b7 to direct the covered employee's daily work activities2 or 7#b7 the negligence of the employing office led to the creation or continuation of that hostile work environment or retaliatory hostile work environment4 4 7j7 ,rule of construction ,nothing in this section shall be construed to limit the availability of1 or access to1 defenses available under the law4 7k7 ,application ,this section1 and the amendments made by this section1 shall apply to all claims pending on or after the date of enactment of this ,act4 #bjg4 ,extending the statutes of limitations 7a7 ,civil ,rights ,act of #aifd2 ,americans with ,disabilities ,act of #aiij2 ,genetic ,information ,nondiscrimination ,act of #bjjh ,section #gjf of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#e7 is amended-- 7#a7 in subsection 7e7-- 7,a7 in paragraph 7#a7-- 7i7 by striking one hundred and eighty days after the alleged unlawful employment practice occurred and inserting #d years after the alleged unlawful employment practice occurred42 and 7ii7 by striking three hundred days after the alleged unlawful employment practice occurred and inserting #d years and #abj days after the alleged unlawful employment practice occurred42 and 7,b7 in paragraph 7#c77;,b71 by striking two years preceding the filing of the charge and all that follows and inserting #d years preceding the filing of the charge42 and 7#b7 in subsection 7g77#a71 by striking two years prior to the filing of a charge and inserting #d years preceding the filing of the charge4 7b7 ,age ,discrimination in ,employment ,act of #aifg ,section #g7;d7 of the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fbf7;d77 is amended-- 7#a7 in the second sentence1 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively2 7#b7 by striking 7d7 and all that follows through ,no and inserting 7d77#a7 ,no2 and 7#c7 in paragraph 7#a71 as designated by paragraph 7#b7 of this subsection-- 7,a7 by striking ,secretary4 ,such and inserting ,secretary1 and such2 7,b7 in subparagraph 7,a71 by striking #ahj days after the alleged unlawful practice occurred and inserting #d years after the alleged unlawful practice occurred2 and 7,c7 in subparagraph 7,b71 by striking #cjj days after the alleged unlawful practice occurred and inserting #d years and #abj days after the alleged unlawful practice occurred4 #bjh4 ,extending the time limitations on ,federal employees filing a complaint 7a7 ,in general ,the ,equal ,employment ,opportunity ,commission 7referred to in this section as the ,commission7 shall ensure that a covered ,federal employee shall not be required to take any action necessary to bring a complaint to the department1 agency1 unit1 or instrumentality involved prior to #d years from the date of the matter alleged to be discriminatory or1 in the case of personnel action1 #d years from the effective date of the personnel action4 7b7 ,covered employees and complaints ,in this section1 the term covered ,federal employee means-- 7#a7 an employee or applicant to whom section #gag7;a7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#af7;a77 applies1 in the case of a complaint brought under section #gag of that ,act 7#db ,u4,s4,c4 #bjjj;e-#af72 7#b7 an employee or applicant to whom section #ae7;a7 of the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fcc;a7a77 applies1 in the case of a complaint brought under section #ae of that ,act 7#bi ,u4,s4,c4 #fcc;a72 7#c7 an employee or applicant to whom section #eja of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gia7 applies1 in the case of a complaint brought to enforce that section under section #eje of that ,act 7#bi ,u4,s4,c4 #gid;a72 and 7#d7 an employee or applicant described in section #bja7b77;,a77v7 of the ,genetic ,information ,nondiscrimination ,act of #bjjh 7#db ,u4,s4,c4 #bjjj;ff7#b77;,a77v771 in the case of a complaint brought to enforce title ,,ii of that ,act 7#db ,u4,s4,c4 #bjjj;ff et seq47 under section #bjg7;e7 of that ,act 7#db ,u4,s4,c4 #bjjj;ff-#f7;e774 ,,iii ,broadening ,protections and ,ensuring ,transparency #cja4 ,independent contractors1 interns1 fellows1 volunteers1 and trainees 7a7 ,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 #aifd 7#db ,u4,s4,c4 #bjjj;e et seq471 the ,government ,employee ,rights ,act of #aiia 7#db ,u4,s4,c4 #bjjj;e-#af;a et seq471 the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja et seq471 subchapter ,,ii of chapter #e of title #c1 ,united ,states ,code1 the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fba et seq471 title ,i and section #ejc 7for violations with respect to that title7 of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaaa et seq41 #abbjc71 sections #eja and #eje of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gia1 #gid;a71 section #f7;d7 of the ,fair ,labor ,standards ,act of #aich 7commonly known as the ,equal ,pay ,act of #aifc7 7#bi ,u4,s4,c4 #bjf7;d771 title ,,ii of the ,genetic ,information ,nondiscrimination ,act of #bjjh 7#db ,u4,s4,c4 #bjjj;ff et seq471 and section #dcaa of title #ch1 ,united ,states ,code1 shall be afforded1 in the same manner and to the same extent1 to-- 7#a7 an individual who is engaged by an employer or entity covered by that provision 7referred to in this subsection as a covered employer or entity7 as an independent contractor 7regardless of business structure1 including organization as a legal or commercial entity7 or as an intern1 fellow1 volunteer1 or trainee1 whether or not the individual receives compensation1 academic credit1 or other remuneration from the covered employer or entity2 or 7#b7 an individual who applies or seeks to become such an independent contractor 7regardless of business structure1 including organization as a legal or commercial entity71 intern1 fellow1 volunteer1 or trainee1 for the covered employer or entity4 7b7 ,covered establishments 7#a7 ,definition ,in this subsection1 the term covered establishment means an individual or entity that-- 7,a7 is not acting as an employer or entity covered by a provision specified in subsection 7a72 and 7,b7 engages the services 7including soliciting such services7 of an independent contractor 7regardless of business structure1 including organization as a legal or commercial entity71 intern1 fellow1 volunteer1 or trainee by means of an instrument of transportation or communication in interstate commerce1 or through an arrangement that involves the use of such an instrument to carry out or be conveyed to carry out those services4 7#b7 ,protections ,all protections afforded to an employee or individual under a provision that consists of title ,,vii of the ,civil ,rights ,act of #aifd1 the ,age ,discrimination in ,employment ,act of #aifg1 title ,i and section #ejc 7for violations with respect to that title7 of the ,americans with ,disabilities ,act of #aiij1 section #f7;d7 of the ,fair ,labor ,standards ,act of #aich1 title ,,ii of the ,genetic ,information ,nondiscrimination ,act of #bjjh1 and section #dcaa of title #ch1 ,united ,states ,code1 shall be afforded1 in the same manner and to the same extent that the provision covers an individual described in section #gja7;f7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e7f771 to-- 7,a7 an individual who is engaged by a covered establishment as an independent contractor 7regardless of business structure1 including organization as a legal or commercial entity7 or as an intern1 fellow1 volunteer1 or trainee1 whether or not the individual receives compensation1 academic credit1 or other remuneration from the covered establishment2 or 7,b7 an individual who applies or seeks to become such an independent contractor 7regardless of business structure1 including organization as a legal or commercial entity71 intern1 fellow1 volunteer1 or trainee1 for the covered establishment4 7c7 ,domestic service ,for purposes of the provisions listed in subsection 7a7 and the provisions of this ,act1 an individual or entity who engages the services 7by means of an instrument of transportation or communication in interstate commerce1 or through an arrangement that involves the use of such an instrument to carry out or be conveyed to carry out those services7 of a person in domestic service in a household1 as an employee1 or as an independent contractor1 intern1 fellow1 volunteer1 or trainee1 referred to in subsection 7a7 or 7b7 shall be considered to be engaged in interstate commerce4 7d7 ,rule of construction ,nothing in this section shall be construed to limit the individuals protected under any provision described in subsection 7a74 7e7 ,interstate commerce ,in this section1 the term interstate commerce means ,commerce 7as defined in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc77 among the several ,states4 #cjb4 ,nondisclosure agreements 7a7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,equal ,employment ,opportunity ,commission4 7#b7 ,covered establishment ,the term covered establishment has the meaning given the term in section #cja4 7#c7 ,covered individual ,the term covered individual means-- 7,a7 in the case of an individual required to be afforded protections under section #cja7;a7-- 7i7 an individual required to be afforded those protections by an employer described in paragraph 7#e77;,a72 7ii7 an individual required to be afforded those protections by an employer described in paragraph 7#e77;,b72 7iii7 an individual required to be afforded those protections by an employer described in paragraph 7#e77;,c72 7iv7 an individual required to be afforded those protections by an employer described in paragraph 7#e77;,d72 or 7v7 an individual required to be afforded those protections by an employer described in paragraph 7#e77;,e72 and 7,b7 in the case of an individual required to be afforded protections under section #cja7;b7 by a covered establishment1 that individual4 7#d7 ,employee ,the term employee means-- 7,a7 an employee 7including an applicant71 as defined in section #gja7;f7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e7f772 7,b7 a ,state employee 7including an applicant7 described in section #cjd7;a7 of the ,government ,employee ,rights ,act of #aiia 7#db ,u4,s4,c4 #bjjj;e-#af;c7a772 7,c7 a covered employee 7including an applicant71 as defined in section #aja of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja71 including an individual treated as a covered employee under that section2 7,d7 a covered employee 7including an applicant71 as defined in section #daa7;c7 of title #c1 ,united ,states ,code2 or 7,e7 an employee or applicant to which section #gag7;a7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#af7;a77 applies4 7#e7 ,employer ,the term employer means-- 7,a7 an employer 7as defined in section #gja7;b7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e7b7772 7,b7 an entity employing a ,state employee described in section #cjd7;a7 of the ,government ,employee ,rights ,act of #aiia2 7,c7 an employing office1 as defined in section #aja7;a7 of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja7;a772 7,d7 an employing office1 as defined in section #daa7;c7 of title #c1 ,united ,states ,code2 or 7,e7 an entity to which section #gag7;a7 of the ,civil ,rights ,act of #aifd applies4 7#f7 ,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 agreement4 7#g7 ,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 party4 7#h7 ,worker ,the term worker means an employee or a covered individual4 7b7 ,unlawful practices 7#a7 ,nondisparagement and nondisclosure clauses ,subject to paragraph 7#c71 it shall be an unlawful practice for an employer to enter into a contract or agreement with a worker1 or for a covered establishment to enter into a contract or agreement with a covered individual1 as a condition of employment or contracting1 promotion1 compensation1 benefits1 or change in employment status or contractual relationship1 or as a term1 condition1 or privilege of employment or contracting1 if that contract or agreement contains a nondisparagement clause or nondisclosure clause that covers prohibited discrimination or harassment in employment or contracting1 or retaliation for reporting1 resisting1 opposing1 or assisting in the investigation of such discrimination or harassment4 7#b7 ,prohibition on enforcement ,subject to paragraph 7#c7 but notwithstanding any other provision of law1 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 discrimination or harassment in employment or contracting1 or retaliation for reporting1 resisting1 opposing1 or assisting in the investigation of such discrimination or harassment4 ,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 worker4 7#c7 ,settlement or separation agreements 7,a7 ,in general ,the provisions of paragraphs 7#a7 and 7#b7 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-- 7i7 such legal claims accrued or such disputes arose before the settlement agreement or separation agreement was executed2 7ii7 the clause involved is mutually agreed upon by and mutually benefits both-- 7,i7 the employer or covered establishment1 as the case may be2 and 7,,ii7 the worker2 7iii7 the worker's agreement to such clause is knowing and voluntary1 as described in subparagraph 7,c72 and 7iv7 the settlement agreement or separation agreement expressly states that the agreement involved does not prohibit1 prevent1 or otherwise restrict a worker from-- 7,i7 filing a complaint with the ,commission1 any other ,federal1 ,state1 or local agency with the authority to enforce laws 7including regulations7 that prohibit discrimination or harassment in employment or contracting1 as the case may be1 or law enforcement2 7,,ii7 testifying at1 assisting1 or participating in an investigation or proceeding conducted by the ,commission1 any other ,federal1 ,state1 or local agency with the authority to enforce laws 7including regulations7 that prohibit discrimination or harassment in employment or contracting1 as the case may be1 or law enforcement2 or 7,,iii7 testifying in a hearing or trial or complying with a request for discovery in relation to civil litigation4 7,b7 ,prohibition on sole benefit ,for purposes of this paragraph1 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 agreement4 7,c7 ,knowing and voluntary agreement ,for purposes of this paragraph1 agreement to a nondisparagement clause or nondisclosure clause may not be considered knowing and voluntary unless at a minimum-- 7i7 the nondisparagement clause or nondisclosure clause is written in a manner designed to ensure that the worker understands the content of the clause involved2 7ii7 the nondisparagement clause or nondisclosure clause is included only in exchange for consideration of value provided to the worker1 in addition to anything of value to which the worker is already entitled2 7iii7 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 executed2 7iv7 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 clause2 7v7 the worker is given a period of at least #ba days to consider any proposal for a settlement or separation agreement that includes a nondisparagement clause or nondisclosure clause2 and 7vi7 the settlement or separation agreement provides that for a period of at least #g days following the execution of such agreement the worker may revoke the agreement1 and the agreement shall not become effective or enforceable until the revocation period has expired4 7,d7 ,burden of proof ,in any dispute that may arise over whether any of the requirements of subparagraph 7,a7 have been met1 the party asserting the validity of an agreement shall have the burden of proving that the requirements of subparagraph 7,a7 have been met4 7,e7 ,participation in investigations or proceedings ,no nondisparagement clause or nondisclosure clause may affect the ability of a worker to testify at1 assist1 or participate in an investigation or proceeding conducted by the ,commission1 any ,federal1 ,state1 or local agency with the authority to enforce laws 7including regulations7 that prohibit discrimination in employment or contracting1 as the case may be1 or a law enforcement agency4 7,f7 ,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 clause4 7c7 ,enforcement against employers 7#a7 ,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-- 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 an employee of the employer 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 an employee of the employer for a violation of such title2 7,c7 the ,board 7as defined in section #aja7;a7 of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja7;a777 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 an employee of the employer 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 an employee of the employer 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 an employee of the employer for a violation of section #daa of such title2 and 7,f7 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 an employee of the employer for a violation of such title2 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 an employee of the employer 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 an employee of the employer 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 an employee of the employer for a violation of section #daa of such title4 7#b7 ,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-- 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 an employee of the employer for a violation of such title2 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 an employee of the employer 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 an employee of the employer 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 an employee of the employer for a violation of such section4 7#c7 ,other applicable provisions ,with respect to a claim alleged by an employee described in subsection 7a77#d77;,c7 or a covered individual described in subsection 7a77#c77;,a77iii7 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 an employee for a violation of section #bja7;a77#a7 of such ,act 7#b ,u4,s4,c4 #acaa7;a77#a774 7d7 ,enforcement against covered establishments 7#a7 ,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-- 7,a7 the ,commission shall have the same powers as the ,commission has to administer and enforce title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq472 7,b7 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 #aifd2 and 7,c7 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 #aifd1 in the case of a claim alleged by an employee described in subsection 7a77#d77;,a7 for a violation of such title4 7#b7 ,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 #aifd 7#db ,u4,s4,c4 #bjjj;e et seq47 in the case of a claim alleged by an employee described in subsection 7a77#d77;,a7 for a violation of such title4 7e7 ,right ,to report reserved ,notwithstanding signing 7before1 on1 or after the effective date of this ,act7 any nondisparagement clause or nondisclosure clause1 a worker retains-- 7#a7 any right that person would otherwise have had to report a concern about harassment1 including sexual harassment1 in employment or contracting 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 other ,state or local agency1 or a law enforcement agency2 and 7#b7 any right that person would otherwise have had to bring an action in a court of the ,united ,states4 7f7 ,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 workers of the ,library of ,congress4 7#c7 ,board ,the ,board referred to in subsection 7c77#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 employees described in subsection 7a77#d77;,c7 and covered individuals described in subsection 7a77#c77;,a77iii74 7#d7 ,president ,the ,president shall have authority to issue regulations to carry out this section with respect to employees described in subsection 7a77#d77;,d7 and covered individuals described in subsection 7a77#c77;,a77iv74 7g7 ,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 a covered individual in that program or activity under this section for a remedy authorized under paragraph 7#d74 7ii7 ,definition ,in this subparagraph1 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 a covered individual who has complied with the applicable procedures of subsection 7c71 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 ,act1 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 an employer described in subsection 7a77#e77;,a71 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 #cjc4 ,prohibition on mandatory arbitration and protection of concerted legal action 7a7 ,protection of concerted activity 7#a7 ,agreements ,section #h7;a7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7;a77 is amended-- 7,a7 in paragraph 7#e71 by striking the period at the end and inserting 2 and2 and 7,b7 by adding at the end the following3 7#f7 7,a7 to enter into or attempt to enforce any agreement1 express or implied1 whereby prior to a dispute to which the agreement applies1 a worker 7for purposes of this paragraph1 as defined in section #dja of title #i1 ,united ,states ,code7 undertakes or promises not to pursue1 bring1 join1 litigate1 or support any kind of joint1 class1 or collective claim arising from or relating to the employment of1 or provision of services by1 such worker in any forum that1 but for such agreement1 is of competent jurisdiction2 7,b7 to coerce such worker into undertaking or promising not to pursue1 bring1 join1 litigate1 or support any kind of joint1 class1 or collective claim arising from or relating to the employment of1 or provision of services by1 such worker2 or 7,c7 to retaliate or threaten to retaliate against a worker for refusing to undertake or promise not to pursue1 bring1 join1 litigate1 or support any kind of joint1 class1 or collective claim arising from or relating to the employment of1 or provision or services by1 such worker3 ,provided1 ,that any agreement that violates this paragraph or results from a violation of this paragraph shall be to such extent unenforceable and void3 ,provided further1 ,that this paragraph shall not apply to any agreement embodied in or expressly permitted by a contract between an employer and a labor organization4 4 7#b7 ,conforming amendment ,section #aj7;b7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afj7;b77 is amended by striking discharge and inserting discharge1 or unless the person aggrieved thereby is a worker alleging a violation of section #h7;a77#f7 whose charge involves a postdispute arbitration agreement that meets the requirements under section #djb7;a77#b7 of title #i1 ,united ,states ,code1 in which event the six-month period shall be computed from the day the waiting period described in subparagraph 7,c7 of such section ends4 7b7 ,arbitration of work disputes 7#a7 ,in general ,title #i of the ,united ,states ,code is amended by adding at the end the following3 #d ,arbitration of ,work ,disputes ,sec4 #dja4 ,definitions4 #djb4 ,validity and enforceability4 #dja4 ,definitions ,in this chapter-- 7#a7 the terms commerce1 employee1 and employer have the meanings given the terms in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc72 7#b7 the term covered entity means-- 7,a7 an employer2 or 7,b7 an individual or entity that is not acting as an employer and engages the services of a worker2 7#c7 the term predispute arbitration agreement means any agreement to arbitrate a dispute that had not yet arisen at the time of the making of the agreement2 7#d7 the term postdispute arbitration agreement means any agreement to arbitrate a dispute that arose before the time of the making of the agreement2 7#e7 the term worker means-- 7,a7 an employee2 or 7,b7 an individual who is engaged by a covered entity to perform services or work as an independent contractor 7regardless of the label or classification assigned or used by the covered entity72 and 7#f7 the term work dispute-- 7,a7 means a dispute between one or more workers 7or their authorized representatives7 and a covered entity arising out of or related to the work relationship or prospective work relationship between the workers and the covered entity2 and 7,b7 includes1 but is not limited to-- 7i7 a dispute regarding the terms of1 payment for1 advertising of1 recruitment of1 referring of1 arranging for1 or discipline or discharge in connection with such work2 7ii7 a dispute arising under any law referred to or described in section #fb7;e7 of the ,internal ,revenue ,code of #aihf1 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 section2 and 7iii7 a dispute in which an individual or individuals seek certification-- 7,i7 as a class under rule #bc of the ,federal ,rules of ,civil ,procedure2 7,,ii7 as a collective action under section #af7;b7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf7;b772 or 7,,iii7 under a comparable rule or provision of ,state law4 #djb4 ,validity and enforceability 7a7 ,in general ,notwithstanding any other chapter of this title-- 7#a7 no predispute arbitration agreement shall be valid or enforceable if it requires arbitration of a work dispute2 7#b7 no postdispute arbitration agreement that requires arbitration of a work dispute shall be valid or enforceable unless-- 7,a7 the agreement was not required by the covered entity1 obtained by coercion or threat of adverse action1 or made a condition of employment1 work1 or any employment-related or work-related privilege or benefit2 7,b7 each worker entering into the agreement was informed in writing using sufficiently plain language likely to be understood by the average worker of-- 7i7 the right of the worker under paragraph 7#c7 to refuse to enter the agreement without retaliation2 and 7ii7 the protections under section #h7;a77#f7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7;a77#f772 7,c7 each worker entering into the agreement entered the agreement after a waiting period of not fewer than #de days1 beginning on the date on which the employee was provided both the final text of the agreement and the disclosures required under subparagraph 7,b72 and 7,d7 each worker entering into the agreement affirmatively consented to the agreement in writing2 and 7#c7 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 dispute4 7b7 ,statute of limitations ,during the waiting period described in subsection 7a77#b77;,c71 the statute of limitations for any claims that arise from or form the basis for the applicable work dispute shall be tolled4 7c7 ,civil action ,any person who is injured by reason of a violation of subsection 7a77#c7 may bring a civil action in the appropriate district court of the ,united ,states against the covered entity within #b years of the violation1 or within #c years if such violation is willful4 ,relief granted in such an action shall include a reasonable attorney's fee1 other reasonable costs associated with maintaining the action1 and any appropriate relief authorized by section #gjf7;g7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#e7;g77 or by section #aigg;,a7b7 of the ,revised ,statutes 7#db ,u4,s4,c4 #aiha;a7b774 7d7 ,applicability 7#a7 ,in general ,this chapter applies to covered entities and workers engaged in activity affecting commerce to the fullest extent permitted by the ,constitution of the ,united ,states1 including the work of persons engaged in domestic service in households1 as described in section #b7;a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjb7;a774 ,an issue as to whether this chapter applies to an arbitration agreement shall be determined under ,federal law4 ,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 court1 rather than an arbitrator1 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 agreement4 7#b7 ,collective bargaining agreements ,nothing in this chapter shall apply to any arbitration provision in a contract between a covered entity and a labor organization1 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 ,states1 the constitution of a ,state1 or a ,federal or ,state statute1 or public policy arising therefrom4 4 7#b7 ,technical and conforming amendments 7,a7 ,in general ,title #i of the ,united ,states ,code is amended-- 7i7 in section #a1 by striking of seamen1 and all that follows through interstate commerce2 7ii7 in section #b1 by inserting or as otherwise provided in chapter #d before the period at the end2 7iii7 in section #bjh-- 7,i7 in the section heading1 by striking ,chapter #a2 residual application and inserting ,application2 and 7,,ii7 by adding at the end the following3 ,this chapter applies to the extent that this chapter is not in conflict with chapter #d42 and 7iv7 in section #cjg-- 7,i7 in the section heading1 by striking ,chapter #a2 residual application and inserting ,application2 and 7,,ii7 by adding at the end the following3 ,this chapter applies to the extent that this chapter is not in conflict with chapter #d44 7,b7 ,table of sections 7i7 ,chapter #b ,the table of sections for chapter #b of title #i1 ,united ,states ,code1 is amended by striking the item relating to section #bjh and inserting the following3 #bjh4 ,application4 4 7ii7 ,chapter #c ,the table of sections for chapter #c of title #i1 ,united ,states ,code1 is amended by striking the item relating to section #cjg and inserting the following3 #cjg4 ,application4 4 7,c7 ,table of chapters ,the table of chapters for title #i1 ,united ,states ,code1 is amended by adding at the end the following3 #d4;,arbitration of work disputes#dja4 4 7c7 ,effective date ,this section1 and the amendments made by this section1 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 date1 including any dispute or claim to which an agreement predating such date applies4 #cjd4 ,federal contractor compliance with civil rights laws 7a7 ,definitions ,in this section3 7#a7 ,covered contract ,the term covered contract means a ,federal contract for the procurement of property or services1 including construction1 valued in excess of #ejj1jjj4 7#b7 ,covered subcontract ,the term covered subcontract-- 7,a7 means a subcontract for property or services under a ,federal contract that is valued in excess of #ejj1jjj2 and 7,b7 does not include a subcontract for the procurement of commercially available off-the-shelf items4 7#c7 ,executive agency ,the term executive agency has the meaning given the term in section #acc of title #da1 ,united ,states ,code4 7b7 ,required pre-,contract award actions 7#a7 ,disclosures ,the head of an executive agency shall ensure that the solicitation for a covered contract requires the offeror-- 7,a7 to represent1 to the best of the offeror's knowledge and belief1 whether there has been any administrative merits determination1 arbitral award or decision1 or civil judgment1 as defined in guidance issued by the ,secretary of ,labor1 rendered against the offeror in the preceding #c years for violations of-- 7i7 the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq472 7ii7 the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fea et seq472 7iii7 the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahja et seq472 7iv7 the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq472 7v7 subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly known as the ,davis-,bacon ,act72 7vi7 chapter #fg of title #da1 ,united ,states ,code 7commonly known as the ,service ,contract ,act72 7vii7 ,executive ,order #aabdf 7#db ,u4,s4,c4 #bjjj;e note2 relating to equal employment opportunity72 7viii7 section #ejc of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gic72 7ix7 section #dbab of title #ch1 ,united ,states ,code2 7x7 the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfja et seq472 7xi7 title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq472 7xii7 the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq472 7xiii7 the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fba et seq472 7xiv7 title ,,ii of the ,genetic ,information ,nondiscrimination ,act of #bjjh 7#db ,u4,s4,c4 #bjjj;ff et seq472 7xv7 ,executive ,order #acfeh 7#gi ,fed4 ,reg4 #ihea2 relating to establishing a minimum wage for contractors72 or 7xvi7 equivalent ,state laws1 as defined in guidance issued by the ,secretary of ,labor2 7,b7 to require each subcontractor for a covered subcontract-- 7i7 to represent to the offeror1 and the entity designated by the final rule reissued under subsection 7e77#a71 to the best of the subcontractor's knowledge and belief1 whether there has been any administrative merits determination1 arbitral award or decision1 or civil judgment1 as defined in guidance issued by the ,secretary of ,labor1 rendered against the subcontractor in the preceding #c years for violations of any of the labor laws listed under subparagraph 7,a72 and 7ii7 to update such information every #f months for the duration of the subcontract2 and 7,c7 to consider the advice rendered by the entity designated by the final rule reissued under subsection 7e77#a71 or information submitted by a subcontractor pursuant to subparagraph 7,b71 in determining whether the subcontractor is a responsible source with a satisfactory record of integrity and business ethics-- 7i7 prior to awarding the subcontract2 or 7ii7 in the case of a subcontract that is awarded or will become effective within #e days of the prime contract being awarded1 not later than #cj days after awarding the subcontract4 7#b7 ,pre-award corrective measures 7,a7 ,in general ,a contracting officer1 prior to awarding a covered contract1 shall1 as part of the responsibility determination1 provide an offeror who makes a disclosure pursuant to paragraph 7#a7 an opportunity to report any steps taken to correct the violations of or improve compliance with the labor laws listed in subparagraph 7,a7 of such paragraph1 including any agreements entered into with an enforcement agency4 7,b7 ,consultation ,the executive agency's ,labor ,compliance ,advisor designated under subsection 7d71 in consultation with relevant enforcement agencies1 shall advise the contracting officer whether agreements are in place or are otherwise needed to address appropriate remedial measures1 compliance assistance1 steps to resolve issues to avoid further violations1 or other related matters concerning the offeror4 7,c7 ,responsibility determination ,the contracting officer1 in consultation with the executive agency's ,labor ,compliance ,advisor designated under subsection 7d71 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 ethics4 ,the determination shall be based on the guidance reissued under subsection 7e77#b77;,a7 and the final rule reissued under subsection 7e77#a74 7#c7 ,referral of information to suspension and debarment officials ,as appropriate1 contracting officers1 in consultation with their executive agency's ,labor ,compliance ,advisor1 shall refer matters related to information provided under subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 to the executive agency's suspension and debarment official in accordance with agency procedures4 7c7 ,post-,award contract actions 7#a7 ,information updates ,the contracting officer for a covered contract shall require that the contractor update the information provided under subparagraphs 7,a7 and 7,b7 of subsection 7b77#a7 every #f months4 7#b7 ,corrective actions 7,a7 ,prime contract ,the contracting officer1 in consultation with the ,labor ,compliance ,advisor designated pursuant to subsection 7d71 shall determine whether any information provided under paragraph 7#a7 warrants corrective action4 ,such action may include-- 7i7 an agreement requiring appropriate remedial measures2 7ii7 compliance assistance2 7iii7 resolving issues to avoid further violations2 7iv7 the decision not to exercise an option on a contract or to terminate the contract2 or 7v7 referral to the agency suspending and debarring official4 7,b7 ,subcontracts ,the prime contractor for a covered contract1 in consultation with the ,labor ,compliance ,advisor1 shall determine whether any information provided under subsection 7b77#a77;,b7 warrants corrective action1 including remedial measures1 compliance assistance1 and resolving issues to avoid further violations4 7,c7 ,department of ,labor ,the ,secretary of ,labor shall1 as appropriate1 inform executive agencies of its investigations of contractors and subcontractors on current ,federal contracts for purposes of determining the appropriateness of actions described under subparagraphs 7,a7 and 7,b74 7d7 ,labor compliance advisors 7#a7 ,in general ,each executive agency shall designate a senior official to act as the agency's ,labor ,compliance ,advisor4 7#b7 ,duties ,the ,labor ,compliance ,advisor shall-- 7,a7 meet quarterly with the ,deputy ,secretary1 ,deputy ,administrator1 or equivalent executive agency official with regard to matters covered under this section2 7,b7 work with the acquisition workforce1 agency officials1 and agency contractors to promote greater awareness and understanding of the requirements of the labor laws listed in subsection 7b77#a77;,a71 including record keeping1 reporting1 and notice requirements1 as well as best practices for obtaining compliance with these requirements2 7,c7 coordinate assistance for executive agency contractors seeking help in addressing and preventing violations of such laws2 7,d7 in consultation with the ,secretary of ,labor or other relevant enforcement agencies1 and pursuant to subsection 7b77#b7 as necessary1 provide assistance to contracting officers regarding appropriate actions to be taken in response to violations of the labor laws listed in subsection 7b77#a77;,a7 identified prior to or after contracts are awarded1 and address complaints in a timely manner1 by-- 7i7 providing assistance to contracting officers and other executive agency officials in reviewing the information provided under paragraphs 7#a7 and 7#b7 of subsection 7b7 and subsection 7c77#a71 or other information indicating such a violation1 in order to assess the serious1 repeated1 willful1 or pervasive nature of any such violation and evaluate steps contractors have taken to correct such violations or improve compliance with relevant requirements2 7ii7 helping agency officials determine the appropriate response to address violations of the labor laws listed in subsection 7b77#a77;,a7 or other information indicating such a violation 7particularly a serious1 repeated1 willful1 or pervasive violation71 including an agreement requiring appropriate remedial measures1 a decision not to award a contract or exercise an option on a contract1 contract termination1 or a referral to the executive agency suspension and debarment official2 7iii7 providing assistance to appropriate executive agency officials in receiving and responding to1 or making referrals of1 complaints alleging violations by agency contractors and subcontractors of the labor laws listed in subsection 7b77#a77;,a72 and 7iv7 supporting contracting officers1 suspension and debarment officials1 and other agency officials in the coordination of actions taken pursuant to this subsection to ensure agency-wide consistency1 to the extent practicable2 7,e7 as appropriate1 send information to agency suspension and debarment officials in accordance with agency procedures2 7,f7 consult with the agency's ,chief ,acquisition ,officer and ,senior ,procurement ,executive1 and the ,department of ,labor as necessary1 in the development of regulations1 policies1 and guidance addressing compliance by contractors and subcontractors with the labor laws listed in subsection 7b77#a77;,a72 7,g7 make recommendations to the agency to strengthen agency management of contractor compliance with such labor laws2 7,h7 publicly report1 on an annual basis1 a summary of agency actions taken to promote greater compliance with such laws1 including the agency's response under this section to serious1 repeated1 willful1 or pervasive violations of such laws2 and 7,i7 participate in the interagency meetings regularly convened by the ,secretary of ,labor under subsection 7e77#b77;,b77iii74 7e7 ,measures ,to ensure ,government-,wide consistency 7#a7 ,federal acquisition regulation 7,a7 ,in general ,notwithstanding ,public ,law #aae-aa 7#aca ,stat4 #ge7 and section #eec of title #e1 ,united ,states ,code1 not later than #a year after the date of enactment of this ,act1 the ,secretary of ,defense1 the ,administrator of the ,general ,services ,administration1 and the ,administrator of the ,national ,aeronautics and ,space ,administration shall reissue the final rule entitled ,federal ,acquisition ,regulation2 ,fair ,pay and ,safe ,workplaces 7#ha ,fed4 ,reg4 #eh1efb 7,aug4 #be1 #bjaf771 subject to subparagraph 7,b74 7,b7 ,updated dates ,the agencies described in subparagraph 7,a7 may1 in reissuing the final rule under such subparagraph1 update any date provided in such final rule as reasonable and necessary4 7#b7 ,department of ,labor 7,a7 ,guidance ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,labor shall reissue the guidance entitled ,guidance for ,executive ,order #acfgc1 ,fair ,pay and ,safe ,workplaces 7#ha ,fed4 ,reg4 #eh1fed 7,aug4 #be1 #bjaf774 ,in reissuing such guidance1 the ,secretary of ,labor may update any date provided in such guidance as reasonable4 7,b7 ,additional activities ,the ,secretary of ,labor shall-- 7i7 develop a process-- 7,i7 for the ,labor ,compliance ,advisors designated pursuant to subsection 7d7 to consult with the ,secretary of ,labor in carrying out their responsibilities under subsection 7d77#b77;,d72 7,,ii7 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 agencies2 and 7,,iii7 by which contractors may enter into agreements with the ,secretary of ,labor1 or the head of another executive agency1 prior to being considered for a contract2 7ii7 review data collection requirements and processes1 and work with the ,director of the ,office of ,management and ,budget1 the ,administrator of ,general ,services1 and other agency heads to improve such requirements and processes1 as necessary1 to reduce the burden on contractors and increase the amount of information available to executive agencies2 7iii7 regularly convene interagency meetings of ,labor ,compliance ,advisors to share and promote best practices for improving labor law compliance2 and 7iv7 designate an appropriate contact for executive agencies seeking to consult with the ,secretary of ,labor with respect to the requirements and activities under this section4 7#c7 ,office of ,management and ,budget ,the ,director of the ,office of ,management and ,budget shall-- 7,a7 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 7b77#a77;,a7 and 7c77#a7 and data on the resolution of any issues related to such information2 and 7,b7 designate an appropriate contact for agencies seeking to consult with the ,office of ,management and ,budget on matters arising under this section4 7#d7 ,general ,services ,administration 7,a7 ,in general ,the ,administrator of ,general ,services1 in consultation with other relevant executive agencies1 shall establish a single ,internet website for ,federal contractors to use for all ,federal contract reporting requirements under this section1 as well as any other ,federal contract reporting requirements to the extent practicable4 7,b7 ,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 7,a74 7#e7 ,minimizing compliance burden ,after reissuing the guidance under paragraph 7#b77;,a7 or the final rule under paragraph 7#a71 the ,secretary of ,labor or the ,secretary of ,defense1 the ,administrator of the ,general ,services ,administration1 and the ,administrator of the ,national ,aeronautics and ,space ,administration may1 respectively1 amend such guidance or final rule consistent with the requirements under chapter #e of title #e1 ,united ,states ,code4 7f7 ,implementing regulations ,not later than #i months after the date of enactment of this ,act1 the ,federal ,acquisition ,regulatory ,council shall amend the ,federal ,acquisition ,regulation to carry out the provisions of this section4 7g7 ,rules of construction ,nothing in this section shall be construed as-- 7#a7 impairing or otherwise affecting the authority granted by law to an executive agency or the head thereof2 or 7#b7 impairing or otherwise affecting the functions of the ,director of the ,office of ,management and ,budget relating to budgetary1 administrative1 or legislative proposals4 ,,iv ,nationwide ,grants ,to ,prevent and ,respond to ,workplace ,harassment #dja4 ,definitions ,in this title3 7#a7 ,commission ,the term ,commission means the ,equal ,employment ,opportunity ,commission4 7#b7 ,employee ,the term employee has the meaning given the term in section #cjb7;a77#d74 7#c7 ,employment discrimination ,the term employment discrimination means discrimination that is in violation of applicable ,federal1 ,state1 or local employment law1 including3 7,a7 ,title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq474 7,b7 ,the ,government ,employee ,rights ,act of #aiia 7#db ,u4,s4,c4 #bjjj;e-#af;a et seq474 7,c7 ,the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja et seq474 7,d7 ,subchapter ,,ii of chapter #e of title #c1 ,united ,states ,code4 7,e7 ,the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fba et seq474 7,f7 ,title ,i and section #ejc 7for violations with respect to that title7 of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaaa et seq41 #abbjc74 7,g7 ,sections #eja and #eje of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gia1 #gid;a74 7,h7 ,section #f7;d7 of the ,fair ,labor ,standards ,act of #aich 7commonly known as the ,equal ,pay ,act of #aifc7 7#bi ,u4,s4,c4 #bjf7;d774 7,i7 ,title ,,ii of the ,genetic ,information ,nondiscrimination ,act of #bjjh 7#db ,u4,s4,c4 #bjjj;ff et seq474 7,j7 ,section #dcaa of title #ch1 ,united ,states ,code4 7,k7 ,other ,federal1 ,state1 or local employment law4 7#d7 ,worker ,the term worker has the meaning given the term in section #cjb7;a77#g74 ,a ,national ,grants for ,preventing and ,addressing ,employment ,discrimination1 ,including ,harassment #daa4 ,definitions ,in this subtitle3 7#a7 ,director ,the term ,director means the ,director of the ,women's ,bureau of the ,department of ,labor4 7#b7 ,eligible entity ,the term eligible entity means any of the following3 7,a7 ,a nonprofit organization1 including a community-based organization1 nonprofit legal aid organization1 or labor organization1 that provides services and support to workers1 including by assisting workers in filing charges of employment discrimination4 7,b7 ,an institution of higher education1 as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 #dab4 ,grants 7a7 ,grants ,the ,director1 in consultation with the ,commission1 shall award grants under this section1 on a competitive basis1 to eligible entities to assist such entities in carrying out a program for preventing and addressing employment discrimination1 including harassment1 through activities authorized under subsection 7b74 7b7 ,use of funds 7#a7 ,permissible activities ,a grant awarded under this section shall be used for activities to prevent and address employment discrimination1 including harassment1 which may include-- 7,a7 educating workers about their rights related to harassment in employment under ,federal1 ,state1 and local civil rights1 labor1 and employment laws2 7,b7 educating employers about their obligations to prevent and address harassment in employment under ,federal1 ,state1 and local civil rights1 labor1 and employment laws2 7,c7 providing assistance to workers in bringing complaints of employment discrimination1 including filing charges of harassment2 7,d7 establishing networks for education1 communication1 and participation in the workplace and community2 7,e7 monitoring employer compliance with ,federal1 ,state1 and local civil rights1 labor1 and employment laws2 7,f7 recruiting and hiring of staff and volunteers2 and 7,g7 any other activity the ,director1 in consultation with the ,commission1 may reasonably prescribe for the purpose of preventing and addressing employment discrimination1 including harassment4 7#b7 ,prohibited activities ,notwithstanding paragraph 7#a71 an eligible entity receiving a grant under this section may not use the grant funds for any purpose reasonably prohibited by the ,director1 in consultation with the ,commission1 through notice and comment rulemaking4 7c7 ,term of grants ,each grant awarded under this section shall be available for expenditure for a period not to exceed #c years4 7d7 ,applications 7#a7 ,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 subsection4 7#b7 ,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 section4 7#c7 ,contents ,an application under this subsection shall include-- 7,a7 a description of a plan for the program that the eligible entity proposes to carry out with a grant under this section1 including a long-term strategy and detailed implementation plan2 7,b7 information on the prevalence of violations of prohibitions on employment discrimination1 including harassment1 under ,federal1 ,state1 and local civil rights1 labor1 and employment laws in the population served by the eligible entity2 7,c7 information on any industry or geographic area targeted by the plan for such program2 7,d7 information on the type of outreach and relationship building that will be conducted under such program2 7,e7 information on the training and education that will be provided to workers and employers under such program2 and 7,f7 the method by which the eligible entity will measure the results of such program4 7e7 ,selection 7#a7 ,competitive basis ,in accordance with this section1 the ,director1 in consultation with the ,commission1 shall1 on a competitive basis1 select grant recipients from among eligible entities that have submitted an application meeting the requirements under subsection 7d74 7#b7 ,priority ,the ,director1 in consultation with the ,commission1 in selecting grant recipients under paragraph 7#a71 shall give priority to eligible entities that-- 7,a7 serve workers in any industry or geographic area that is most highly at risk for employment discrimination1 including harassment1 as identified by the ,director1 in consultation with the ,commission2 and 7,b7 demonstrate past and ongoing work to prevent employment discrimination1 including harassment4 7f7 ,performance evaluations 7#a7 ,in general ,each grant recipient under this section shall develop procedures for reporting1 monitoring1 measuring1 and evaluating the activities of each program or activity funded under this section4 7#b7 ,guidelines ,the procedures required under paragraph 7#a7 shall be in accordance with guidelines established by the ,director1 in consultation with the ,commission4 #dac4 ,authorization of appropriations ,there are authorized to be appropriated to the ,director such sums as may be necessary to carry out this subtitle4 ,b ,grants for ,legal ,assistance for ,low-,income ,workers #dba4 ,definitions ,in this subtitle3 7#a7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#b7 ,covered client ,the term covered client means an individual who-- 7,a7 is an eligible client2 and 7,b7 faces legal issues related to employment discrimination1 including harassment4 7#c7 ,eligible client ,the term eligible client has the meaning given the term in section #ajjb of the ,legal ,services ,corporation ,act 7#db ,u4,s4,c4 #biif;a7 and the regulations of the ,legal ,services ,corporation4 7#d7 ,eligible entity ,the term eligible entity means-- 7,a7 a nonprofit organization2 and 7,b7 an individual who is licensed to practice law4 #dbb4 ,grants for civil legal needs related to employment discrimination 7a7 ,grants authorized 7#a7 ,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 discrimination1 and to provide for those clients such other services as are necessary to carry out the purposes of this subtitle1 including any of the following activities3 7,a7 ,providing covered clients advice1 legal services1 or representation4 7,b7 ,assisting covered clients in utilizing the ,commission employment discrimination complaint process4 7,c7 ,assisting covered clients in utilizing a private employment complaint process4 7,d7 ,conducting outreach activities to publicize the services offered under this section4 7#b7 ,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 client4 7b7 ,application ,in order to be eligible to receive a grant under this section1 an eligible entity shall submit an application to the ,secretary at such time and in such manner as the ,secretary may require4 ,such application shall include-- 7#a7 a description of the services that the eligible entity proposes to provide1 implement1 improve1 or expand2 7#b7 a description of the covered clients the eligible entity intends to serve2 7#c7 evidence of the eligible entity's capacity to provide services to covered clients with legal issues related to employment discrimination1 such as the eligible entity's record of success representing eligible clients in employment-related legal matters1 or the eligible entity's prior experience serving clients who cannot afford legal counsel2 7#d7 an explanation of how the services the eligible entity intends to provide will assist covered clients in addressing legal issues related to employment discrimination2 and 7#e7 any other information that the ,secretary may require4 7c7 ,award basis ,the ,secretary shall1 in consultation with the ,legal ,services ,corporation1 award and oversee grants under this section pursuant to such procedures and criteria as the ,secretary may require4 ,such procedures and criteria shall include consideration of-- 7#a7 whether the eligible entity has demonstrated an understanding of the legal needs of covered clients2 7#b7 the eligible entity's capacity to provide services to covered clients with legal issues related to employment discrimination1 which may be demonstrated through evidence described in subsection 7b77#c72 7#c7 the eligible entity's knowledge of applicable ,federal1 ,state1 and local employment laws2 7#d7 the eligible entity's capacity and ability to access other resources2 7#e7 the eligible entity's ability to ensure continuity of service to covered clients with pending legal issues2 and 7#f7 other factors that the ,secretary determines are relevant4 7d7 ,equitable distribution ,to the extent practicable1 in awarding grants under this section1 the ,secretary1 in consultation with the ,legal ,services ,corporation1 shall ensure that grants are made so as to provide the most economical and effective delivery of legal assistance to covered clients in both urban and rural areas1 with consideration of the geographic distribution of persons in poverty4 7e7 ,duration of the grant 7#a7 ,in general ,a grant under this section shall be for a term of not less than #a year and not more than #e years4 7#b7 ,renewal ,the ,secretary may renew a grant awarded under this section for a period of not more than #b additional years if the eligible entity demonstrates that the eligible entity is effectively using funds and that the renewal of funds will allow the eligible entity to scale up the provision of services1 replicate the program1 or provide continuity of service to covered clients4 7f7 ,report ,two years after the enactment of this section1 the ,secretary shall provide to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and ,labor of the ,house of ,representatives a report on the implementation of the grant program under this section1 including-- 7#a7 a description of the services provided using grant assistance under this section1 including a detailed description of the types of legal issues addressed by eligible entities and the number of covered clients served2 and 7#b7 an assessment of the number of individuals facing one or more legal issues related to employment discrimination who cannot afford adequate legal counsel1 and the largest areas of unmet need4 #dbc4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subtitle such sums as may be necessary4 ,c ,grants for a ,system of ,state ,advocacy #dca4 ,purpose ,the purpose of this subtitle is to provide allotments to support a system of advocacy 7referred to in this subtitle as a system7 in each ,state to protect the legal and human rights of workers in accordance with applicable ,federal1 ,state1 and local employment discrimination laws4 #dcb4 ,definitions ,in this subtitle3 7#a7 ,record ,the term record includes-- 7,a7 a report prepared by an employer or staff person charged with investigating reports of employment discrimination that describes incidents of possible discrimination and the steps taken to investigate those incidents2 7,b7 statistical information related to employment decisions and the race1 sex 7including sexual orientation and gender identity71 religion1 national origin1 age1 disability1 genetic information1 or other protected characteristics of workers2 7,c7 records described in section #aa7;c7 of the ,fair ,labor ,standards ,act 7#bi ,u4,s4,c4 #baa7;c772 and 7,d7 any such similar record1 as may be necessary to carry out the purposes of this subtitle4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#c7 ,state ,the term ,state1 except as otherwise provided1 includes1 in addition to each of the several ,states of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4 #dcc4 ,allotments and payments 7a7 ,allotments 7#a7 ,in general ,to assist ,states in meeting the requirements of section #dcd1 the ,secretary shall make allotments to ,states from the amounts appropriated under section #dcf and not reserved under paragraph 7#e74 7#b7 ,minimum allotments ,in any case in which-- 7,a7 the total amount appropriated under section #dcf for a fiscal year is not less than #bj1jjj1jjj1 the allotment under paragraph 7#a7 for such fiscal year-- 7i7 to each of ,american ,samoa1 ,guam1 the ,united ,states ,virgin ,islands1 and the ,commonwealth of the ,northern ,mariana ,islands may not be less than #ajj1jjj2 and 7ii7 to any ,state not described in clause 7i7 may not be less than #bjj1jjj2 and 7,b7 the total amount appropriated under section #dcf for a fiscal year is less than #bj1jjj1jjj1 the allotment under paragraph 7#a7 for such fiscal year-- 7i7 to each of ,american ,samoa1 ,guam1 the ,united ,states ,virgin ,islands1 and the ,commonwealth of the ,northern ,mariana ,islands may not be less than #ej1jjj2 and 7ii7 to any ,state not described in clause 7i7 may not be less than #aej1jjj4 7#c7 ,reduction of allotment ,notwithstanding paragraphs 7#a7 and 7#b71 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 #dcf for such fiscal year1 the amount to be allotted to each ,state for such fiscal year shall be proportionately reduced4 7#d7 ,increase in allotments ,if the sum appropriated under section #dcf and not reserved under paragraph 7#e7 for any fiscal year exceeds the aggregate of the minimum allotments for all ,states under this subsection for that fiscal year1 such excess amount shall be allotted among the ,states1 including ,american ,samoa1 ,guam1 the ,united ,states ,virgin ,islands1 and the ,commonwealth of the ,northern ,mariana ,islands1 so as to increase proportionately the minimum allotment for each such ,state4 7#e7 ,technical assistance ,in any case in which the total amount appropriated under section #dcf for a fiscal year is more than #bd1ejj1jjj1 the ,secretary shall-- 7,a7 use not more than #b percent of the amount appropriated to provide technical assistance to eligible systems with respect to activities carried out under this subtitle 7consistent with requests by such systems for such assistance for the year72 and 7,b7 provide a grant in accordance with section #dcd7;d7 and in an amount described in paragraph 7#b77;,a77i71 to an ,american ,indian consortium to provide protection and advocacy services4 7#f7 ,reallotments 7,a7 ,in general ,if the ,secretary determines that an amount of an allotment to a ,state for a period 7of a fiscal year or longer7 will not be required by the ,state during the period for the purpose for which the allotment was made1 the ,secretary shall reallot the amount4 7,b7 ,timing ,the ,secretary may make such a reallotment from time to time1 on such date as the ,secretary may fix1 but not earlier than #cj days after the ,secretary has published notice of the intention of the ,secretary to make the reallotment in the ,federal ,register4 7,c7 ,amounts ,the ,secretary shall reallot the amount to other ,states with respect to which the ,secretary has not made that determination4 ,the ,secretary shall reallot the amount in proportion to the original allotments of the other ,states for such fiscal year1 but shall reduce such proportionate amount for any of the other ,states to the extent the proportionate amount exceeds the sum that the ,secretary estimates the ,state needs and will be able to use during such period4 7,d7 ,reallotment of reductions ,the ,secretary shall similarly reallot the total of the reductions among the ,states whose proportionate amounts were not so reduced4 7,e7 ,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 7#a7 for such fiscal year4 7b7 ,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 section1 unless the system specifies otherwise1 to be used in support of the system4 7c7 ,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 year1 for the purposes for which such amount was paid4 #dcd4 ,system required 7a7 ,in general ,in order for a ,state to receive an allotment under this subtitle the ,state shall-- 7#a7 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 laws2 and 7#b7 designate a private nonprofit entity 7referred to in this subtitle as an agency7 to support and carry out the activities of that system4 7b7 ,agency requirements 7#a7 ,characteristics of agency ,the ,state shall ensure that the agency designated under subsection 7a7 shall-- 7,a7 not be administered by the ,state1 or an agency or instrumentality of a ,state2 and 7,b7 be independent of any entity that represents the interest of the ,state1 employers1 or other corporations4 7#b7 ,no redesignation of agency ,the agency implementing the system shall not be redesignated unless-- 7,a7 there is good cause for the redesignation2 7,b7 the ,state has given the agency notice of the intention to make such redesignation1 including notice regarding the good cause for such redesignation1 and given the agency an opportunity to respond to the assertion that good cause has been shown2 7,c7 the agency has given timely notice of the intended redesignation directly to clients of the agency2 7,d7 the ,state has provided1 in plain ,english and in accessible formats for individuals with disabilities and for individuals who primarily speak a language other than ,english1 an opportunity for public comment2 and 7,e7 the agency has an opportunity to appeal the redesignation to the ,secretary1 on the basis that the redesignation was not for good cause4 7#c7 ,costs of notice ,the costs of the notice required under paragraph 7#b77;,c7 shall be paid by the ,state4 7c7 ,system required ,the system described in subsection 7a7 shall-- 7#a7 have the authority to-- 7,a7 pursue legal1 administrative1 and other appropriate remedies or approaches1 as applicable1 to ensure the protection of1 and advocacy for1 the rights of individuals within the ,state who are or who may be eligible for relief from employment discrimination2 and 7,b7 provide information on and referral to programs and services addressing the needs of such individuals2 7#b7 have the authority-- 7,a7 to investigate incidents of employment discrimination1 including harassment1 and to conduct investigations of systemic employment discrimination1 of such individuals if the incidents are reported to the agency or if there is probable cause to believe that the incidents occurred2 and 7,b7 to investigate and gather data in the same manner as the ,secretary under section #aa7;a7 of the ,fair ,labor ,standards ,act 7#bi ,u4,s4,c4 #baa7;a772 7#c7 on an annual basis1 develop1 submit to the ,secretary1 and take action with regard to goals and priorities developed through data driven strategic planning for the system's activities2 7#d7 on an annual basis1 provide to the public1 including individuals described in paragraph 7#a77;,a71 the regional office of the ,commission that serves the ,state1 and any ,state agency whose purpose is to reduce or eliminate employment discrimination1 an opportunity to comment on-- 7,a7 the goals and priorities established by the agency and the rationale for the establishment of such goals2 and 7,b7 the activities of the agency1 including the coordination of services with the ,district office of the ,commission that serves the ,state1 and any ,state agency whose purpose is to reduce1 eliminate1 or redress employment discrimination1 and with entities carrying out other related programs2 7#e7 establish a grievance procedure for clients or prospective clients of the agency to ensure that individuals described in paragraph 7#a77;,a7 have full access to services of the agency2 7#f7 have access at reasonable times to any individual described in paragraph 7#a77;,a7 in a location in which services and other assistance are provided to such an individual1 in order to carry out the purpose of this subtitle2 7#g7 have access1 not later than #c business days after the agency makes a written request1 to the records of any individual described in paragraph 7#a77;,a7 7including ,federal and ,state workers7 who is a client of the agency if such individual1 or other legal representative of such individual1 has authorized the agency to have such access2 7#h7 hire and maintain sufficient numbers and types of staff 7qualified by training and experience7 to carry out the agency's functions1 except that the ,state involved shall not apply hiring freezes1 reductions in force1 prohibitions on travel1 or other policies to the staff of the agency1 to the extent that such policies would impact the staff or functions of the agency funded with ,federal funds or would prevent the agency from carrying out the functions of the system under this subtitle2 7#i7 have the authority to educate policymakers2 and 7#aj7 provide assurances to the ,secretary that funds allotted to the ,state under section #dcc will be used to supplement1 and not supplant1 the non-,federal funds that would otherwise be made available for the purposes for which the allotted funds are provided4 7d7 ,american ,indian consortium 7#a7 ,in general ,upon application to the ,secretary1 the ,secretary shall allot funds to one or more ,american ,indian consortium established to provide services under this subtitle1 in accordance with section #dcc7;a77#e74 ,such funds shall be used to support services under this subtitle4 7#b7 ,coordination of systems ,an ,american ,indian consortium under paragraph 7#a7 shall be considered to be a system for purposes of this subtitle and shall coordinate those services with other systems serving the same geographic area4 7#c7 ,responsible party ,the tribal council that designates the consortium shall carry out the responsibilities and exercise the authorities specified for a ,state in this subtitle1 with regard to the consortium4 #dce4 ,administration 7a7 ,governing board ,the system described in section #dcd shall be organized as a private nonprofit entity with a multimember governing board1 and such governing board shall be selected according to the policies and procedures of the system1 except that-- 7#a7 the governing board shall be composed of members who broadly represent or are knowledgeable about the needs of the individuals served by the system2 7#b7 a majority of the members of the board shall be-- 7,a7 attorneys representing the interests of workers2 7,b7 advocates for workers with experience working to protect or expand workers' rights2 or 7,c7 workers who have experienced employment discrimination2 7#c7 not more than #a_/c of the members of the governing board may be appointed by the chief executive officer of the ,state involved1 in the case of any ,state in which such officer has the authority to appoint members of the board2 7#d7 the membership of the governing board shall be subject to term limits set by the system to ensure rotating membership2 and 7#e7 any vacancy in the board shall be filled not later than #fj days after the date on which the vacancy occurs4 7b7 ,legal action 7#a7 ,in general ,nothing in this subtitle shall preclude a system from bringing a suit on behalf of individuals described in section #dcd7;c77#a77;,a7 against a ,state1 or an agency or instrumentality of a ,state4 7#b7 ,use of amounts from judgment ,an amount received pursuant to a suit described in paragraph 7#a7 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 bonuses4 7c7 ,public notice of ,federal onsite review ,the ,secretary shall provide advance public notice of1 and solicit public comments regarding1 any ,federal programmatic or administrative onsite review of a system conducted under this subtitle4 ,the ,secretary shall prepare an onsite visit report containing the results of such review1 which shall be distributed to the ,governor of the ,state and to other interested public and private parties4 ,the comments received in response to the notice and public comment solicitation shall be included in the onsite visit report4 7d7 ,reports 7#a7 ,in general ,beginning for the fiscal year after the fiscal year during which this ,act is enacted1 each system established in a ,state pursuant to this subtitle shall annually prepare and transmit to the ,secretary a report that describes the activities1 accomplishments1 and expenditures of the system during the preceding fiscal year1 including-- 7,a7 a description of the system's goals1 the extent to which the goals were achieved1 and barriers to that achievement2 and 7,b7 the process used to obtain public input1 the nature of such input1 and how such input was used4 7#b7 ,disclosure of information ,for purposes of the report described in paragraph 7#a7 the ,secretary shall not require the system disclose the identity of1 or any other personally identifiable information related to1 any individual requesting assistance from the system4 #dcf4 ,authorization of appropriations ,there are authorized to be appropriated for allotments under section #dcc such sums as may be necessary4 ,v ,general ,provisions #eja4 ,severability ,if any provision of this ,act1 an amendment made by this ,act1 or the application of such provision or amendment to any person or circumstance is held to be unconstitutional1 the remainder of this ,act and the amendments made by this ,act1 and the application of the provision or amendment to any other person or circumstance1 shall not be affected4