,,ii  #aafth ,,congress  #b;d ,session  
,s4 #chgh  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #c1      
#bjbj,mr4 ,booker introduced the        
following bill2 which was read twice and
 referred to the ,committee on ,health1 
,education1 ,labor1 and ,pensions  ,a   
,,bill  ,to protect employees from      
discrimination based on family caregiver
 responsibilities1 and for other        
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,protecting ,family 
,caregivers from ,discrimination ,act of
 #bjbj4  #b4 ,definitions ,in this ,act3
 7#a7 ,adverse action ,the term adverse 
action means-- 7,a7 to fail or refuse to
 hire or to discharge any individual1 or
 otherwise to discriminate against any  
individual with respect to the          
individual's compensation1 terms1       
conditions1 scheduling1 or privileges of
 employment2  7,b7 to limit1 segregate1 
or classify employees or applicants for 
employment in any way which would       
deprive or tend to deprive any          

individual of employment opportunities  
or otherwise adversely affect an        
individual's status as an employee2 or  
7,c7 any other act or practice that is  
considered an adverse action under title
 ,,vii of the #aifd ,civil ,rights ,act 
7#db ,u4,s4,c4 #bjjj;e et seq474  7#b7  
,commerce ,the term commerce has the    
meaning given such term in section #c of
 the ,fair ,labor ,standards ,act of    
#aich 7#bi ,u4,s4,c4 #bjc74  7#c7       
,commission ,the term ,commission means 
the ,equal ,employment ,opportunity     
,commission4  7#d7 ,employee ,the term  
employee means-- 7,a7 an employee1 as   
defined in section #c of the ,fair      
,labor ,standards ,act of #aich 7#bi    
,u4,s4,c4 #bjc71 who in any workweek is 
engaged in commerce or in the production
 of goods for commerce1 or is employed  
in an enterprise engaged in commerce or 
in the production of goods for commerce2
 or  7,b7 an individual who is engaged1 
for a majority of the individual's work 
time1 by-- 7i7 an employer2 or  7ii7 an 

individual or entity that is not acting 
as an employer and engages the services 
of a worker to perform services or work 
as an independent contractor 7regardless
 of the label or classification assigned
 or used by the employer or an          
individual or entity that is not acting 
as an employer and engages the services 
of a worker74  7#e7 ,employer2          
enterprise engaged in commerce or in the
 production of goods for commerce ,the  
terms employer and enterprise engaged in
 commerce or in the production of goods 
for commerce have the meanings given    
such terms in section #c of the ,fair   
,labor ,standards ,act of #aich 7#bi    
,u4,s4,c4 #bjc74  7#f7 ,family caregiver
 responsibilities ,the term family      
caregiver responsibilities1 with respect
 to an individual having such           
responsibilities1 means the             
responsibilities of the individual as   
being responsible1 or being regarded as 
being responsible1 as a contributor to  
the support or care of one or more      

family members of the individual1       
regardless of the age of the family     
member4  7#g7 ,family member  7,a7 ,in  
general ,the term family member1 with   
respect to an individual1 includes-- 7i7
 the spouse or domestic partner of the  
individual2  7ii7 the parent1           
grandparent1 or sibling of the          
individual1 including if such parent1   
grandparent1 or sibling is an in-law of 
the individual2  7iii7 any child1       
grandchild1 niece1 or nephew of the     
individual2  7iv7 any aunt1 uncle1 or   
cousin of the individual2 and  7v7 any  
other individual related to the employee
 by blood or affinity whose close       
association to the employee is the      
equivalent of the family relationships  
described in clauses 7i7 through 7iv74  
7,b7 ,relationship ,a relationship      
described in subparagraph 7,a7 may be   
acquired through adoption1 marriage1 or 
a dependent or custodial relationship4  
#c4 ,prohibition on discrimination ,it  
shall be unlawful for an employer or an 

individual or entity described in       
section #b7d77;,b77ii7 to-- 7#a7 fail or
 refuse to hire an applicant as an      
employee of such employer1 or such      
individual or entity1 because of the    
family caregiver responsibilities of the
 applicant2 or  7#b7 take adverse action
 against an employee of such employer or
 such individual or entity1 or otherwise
 discriminate against such an employee1 
with respect to the compensation1 terms1
 conditions1 or privileges of employment
 of the employee because of the family  
caregiver responsibilities of the       
employee4  #d4 ,prohibition on          
retaliation  7a7 ,interference with     
rights  7#a7 ,exercise of rights ,it    
shall be unlawful for any employer or an
 individual or entity described in      
section #b7d77;,b77ii7 to retaliate     
against1 interfere with1 restrain1 or   
deny the exercise of or the attempt to  
exercise1 any right provided under this 
section4  7#b7 ,adverse action ,it shall
 be unlawful for any employer or an     

individual or entity described in       
section #b7d77;,b77ii7 to take any      
adverse action against any employee or  
applicant because the employee or       
applicant has exercised in good faith   
the rights protected under this section4
  7#c7 ,immigration status ,it shall be 
unlawful for any employer or an         
individual or entity described in       
section #b7d77;,b77ii7 to communicate to
 an employee or applicant exercising    
rights protected under this section1    
directly or indirectly1 the willingness 
to inform a government employee that the
 employee or applicant is not lawfully  
in the ,united ,states1 or to report1 or
 to make an implied or express assertion
 of a willingness to report1 suspected  
citizenship or immigration status of an 
employee or applicant or family member  
of the employee or applicant to a       
,federal1 ,state1 or local agency       
because the employee has exercised a    
right under this section4  7b7 ,rights  
of employees ,the rights of an employee 

or applicant shall include the right    
to-- 7#a7 inform the employee's         
employer1 union1 or similar             
organization1 or the employee's legal   
counsel or any other person about an    
alleged violation of this ,act2  7#b7   
file any charge1 or institute or cause  
to be instituted any proceeding1 under  
or related to this ,act1 or otherwise   
take action in accordance with section  
#f relating to the enforcement of this  
,act2  7#c7 cooperate in investigations 
under or relating to this ,act1         
including by giving or preparing to give
 information in connection with any     
inquiry or proceeding under or related  
to this ,act2  7#d7 testify in any      
inquiry or proceeding under or related  
to this ,act2 and  7#e7 refuse to       
participate in1 or otherwise oppose1 any
 policy1 practice1 or act that is       
unlawful under this ,act4  7c7          
,presumption of retaliation ,there shall
 be a rebuttable presumption that       
retaliation has occurred in violation of

 this section if an employer or an      
individual or entity described in       
section #b7d77;,b77ii7 takes an adverse 
action against an employee or applicant 
during the period that is #b years after
 the date on which that employee or     
applicant exercised rights protected    
under this section4 ,in the case of     
seasonal work1 the presumption also     
applies if the employer or individual or
 entity described in section            
#b7d77;,b77ii7 fails to rehire a former 
employee at the next opportunity for    
work in the same position4 ,the employer
 or individual or entity described in   
section #b7d77;,b77ii7 may rebut the    
presumption with clear and convincing   
evidence that the adverse action was    
taken for a permissible purpose4  7d7   
,protections for good faith allegations 
,the protections afforded under this    
section shall apply to any individual   
who mistakenly but in good faith alleges
 a violation of this section or section 
#c4  7e7 ,explicit reference not        

required ,a complaint or other          
communication by an employee or any     
applicant may be an action described in 
subsection 7b7 that gives rise to the   
protections described in this section   
regardless of whether the complaint or  
communication is in writing or makes    
explicit reference to this ,act4  #e4   
,posting of notices  7a7 ,in general    
,each employer shall1 not later than    
#ahj days after the date of enactment of
 this ,act1 post1 and keep posted1 in a 
conspicuous place upon the premises of  
the employer a notice1 to be prepared or
 approved by the ,commission1 setting   
forth information as the ,commission    
determines appropriate to effectuate the
 purposes of this ,act1 including the   
pertinent provisions of this ,act and   
information pertinent to the filing of a
 charge with the ,commission4  7b7      
,penalty ,a willful violation of this   
section shall be punishable by a fine of
 not more than #ajj for each separate   
offense4  #f4 ,enforcement  7a7 ,in     

general ,subject to subsection 7c71     
sections #c and #d of this ,act shall be
 enforced by the ,commission in the same
 manner and by the same means1 including
 with the same jurisdiction1 as the     
enforcement of a violation of title     
,,vii of the ,civil ,rights ,act of     
#aifd 7#db ,u4,s4,c4 #bjjj;e et seq474  
,violations of this ,act may be         
established through proof of disparate  
treatment or disparate impact4  7b7     
,action by the commission ,except as    
otherwise specified in this ,act1 the   
,commission shall receive1 investigate1 
attempt to resolve1 and otherwise       
enforce a charge of a violation of      
section #c or #d of this ,act in the    
same manner that the ,commission        
receives1 investigates1 attempts to     
resolve1 and enforces a charge of a     
violation of title ,,vii of the ,civil  
,rights ,act of #aifd4  7c7 ,private    
right of action ,notwithstanding        
subsection 7a7 and section #gjf of the  
,civil ,rights ,act of #aifd 7#db       

,u4,s4,c4 #bjjj;e-#e71 a private right  
of action shall also be available to an 
applicant or individual who alleges a   
violation of section #c or #d of this   
,act4 ,such applicant or individual     
shall not be required to file a charge  
with the ,commission or pursue or       
exhaust any administrative remedies     
before instituting a civil action4  7d7 
,penalties  7#a7 ,in ,general ,in       
addition to sums that may otherwise be  
collected by an aggrieved individual or 
collected by the ,commission and paid to
 an aggrieved individual1 any person who
 willfully violates sections #c or #d   
shall upon conviction thereof be subject
 to a penalty of an amount not to       
exceed-- 7,a7 #aj1jjj for each violation
 of section #c2 and  7,b7 #e1jjj for    
each violation of section #d4  7#b7     
,transfer of funds ,any penalties       
collected by the ,commission under this 
subsection shall be transferred to the  
,family ,caregiver ,antidiscrimination  
,fund4  7e7 ,family ,caregiver          

,antidiscrimination ,fund  7#a7 ,in     
,general ,there is established in the   
,treasury of the ,united ,states a      
revolving fund1 to be known as the      
8,family ,caregiver ,antidiscrimination 
,fund0 7referred to in this ,act as the 
8,fund071 consisting of the amount of   
penalties transferred to the ,fund under
 subsection 7d77#b74  7#b7 ,use of funds
 ,amounts in the ,fund shall be         
available for the purpose of awarding   
grants under section #g4  #g4 ,grants   
7a7 ,in general  7#a7 ,grant program    
established ,the ,commission1 shall     
award grants1 on a competitive basis1 to
 eligible entities to enable those      
eligible entities to assist in          
preventing and combating discrimination 
against applicants and employees who    
have family caregiver responsibilities4 
7#b7 ,duration ,a grant awarded under   
this section shall be for a period of #c
 years4  7b7 ,eligible entity ,in this  
section1 the term eligible entity       
means-- 7#a7 a nonprofit organization   

with expertise in family caregiver      
discrimination2  7#b7 an institution of 
higher education or research center that
 employs faculty with relevant expertise
 and has expertise in family caregiver  
discrimination2 or  7#c7 a consortium of
 entities described in paragraphs 7#a7  
and 7#b7 that submit a single           
application to carry out activities     
under the grant jointly4  7c7           
,application ,an eligible entity        
desiring a grant under this section     
shall submit an application to the      
,commission at such time1 in such       
manner1 and containing such information 
as the ,commission may require4  7d7    
,use of funds ,an eligible entity       
receiving a grant under this section    
shall use grant funds to carry out one  
or more of the following activities3    
7#a7 ,educate employees about the       
prohibited actions under section #c1    
caregiver rights1 and the rights        
provided under this ,act4  7#b7 ,conduct
 educational training for employers     

regarding caregiver discrimination4     
7#c7 ,provide support to applicants and 
employees facing discrimination based on
 family caregiver responsibilities4     
7#d7 ,produce and disseminate outreach  
and training materials relating to the  
prohibited actions under section #c1    
caregiver rights1 and the rights        
provided under this ,act4  7#e7 ,recruit
 and hire staff and volunteers to carry 
out the activities described in this    
subsection4  7#f7 ,any other activities 
that the ,commission determines are     
reasonable4  7e7 ,report ,not later than
 #ab months after the completion of the 
programs and activities funded under    
grants awarded under this section1 the  
,commission shall submit to ,congress1  
and all appropriate agencies1 a report  
concerning an evaluation of the results 
of such programs and activities1        
including best practices1 and lessons   
derived from the experiences of         
grantees4  7f7 ,authorization of        
appropriations ,there are authorized to 

be appropriated such sums as are        
necessary to carry out this section4    
#h4 ,rule of construction ,nothing in   
this ,act shall be construed to         
supersede any other provision of        
,federal1 ,state1 or local law that     
provides greater protection against     
employment discrimination or greater    
remedies to employees than the          
protection or remedies provided to      
employees under this ,act1 including any
 such provision in the ,family and      
,medical ,leave ,act of #aiic 7#bi      
,u4,s4,c4 #bfja et seq471 the ,americans
 with ,disabilities ,act of #aiij 7#db  
,u4,s4,c4 #abaja et seq471 title ,,vii  
of the ,civil ,rights ,act of #aifd 7#db
 ,u4,s4,c4 #bjjj;e et seq471 or section 
#f7;d7 of the ,fair ,labor ,standards   
,act of #aich 7#bi ,u4,s4,c4 #bjf7;d774