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106TH CONGRESS

1ST SESSION H. R. 931

To amend the Internal Revenue Code of 1986 to provide that an individual

who leaves employment because of sexual harassment or the loss of

child care will, for purposes of determining such individual’s eligibility

for unemployment compensation, be treated as having left such employment for good cause.

IN THE HOUSE OF REPRESENTATIVES

MARCH 2, 1999

Mrs. MINK of Hawaii introduced the following bill; which was referred to the

Committee on Ways and Means

A BILL

To amend the Internal Revenue Code of 1986 to provide

that an individual who leaves employment because of

sexual harassment or the loss of child care will, for

purposes of determining such individual’s eligibility for

unemployment compensation, be treated as having left

such employment for good cause.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SEXUAL HARASSMENT OR LOSS OF CHILD

2 CARE AS GOOD CAUSE FOR LEAVING EM3 PLOYMENT.

4 (a) IN GENERAL.—Subsection (a) of section 3304 of

5 the Internal Revenue Code of 1986 (relating to approval

6 of State unemployment compensation laws) is amended by

7 striking ‘‘and’’ at the end of paragraph (18), by redesig8 nating paragraph (19) as paragraph (21), and by insert9 ing after paragraph (18) the following new paragraphs:

10 ‘‘(19)(A) if any individual leaves employment

11 because of sexual harassment, for purposes of deter12 mining such individual’s eligibility for compensation

13 for any subsequent week for which such individual

14 meets the State law requirements relating to avail15 ability for work and active search for work, such in16 dividual shall be treated as having left such employ17 ment for good cause, and

18 ‘‘(B) for purposes of subparagraph (A), ‘sexual

19 harassment’ shall be considered to have been shown

20 upon the demonstration of facts sufficient to estab21 lish a prima facie case that the individual involved

22 was victimized by sexual harassment in violation of

23 title VII of the Civil Rights Act of 1964;

24 ‘‘(20) if any individual leaves employment be25 cause of loss of adequate child care for a dependent

26 child under the age of 12, for purposes of determin-
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1 ing such individual’s eligibility for compensation for

2 any subsequent week for which such individual

3 meets the State law requirements relating to avail4 ability for work and active search for work—

5 ‘‘(A) such individual shall be treated as

6 having left such employment for good cause,

7 and

8 ‘‘(B) any failure, while the lack of such

9 child care continues, to return to such employ10 ment or to otherwise meet such State law re11 quirements shall be disregarded; and’’.

12 (b) EFFECTIVE DATE.—

13 (1) IN GENERAL.—Except as provided by para14 graph (2), the amendment made by subsection (a)

15 shall take effect on November 1, 2000.

16 (2) EXCEPTION.—In the case of any State the

17 legislature of which has not been in session for at

18 least 30 calendar days (whether or not successive)

19 between the date of the enactment of this Act and

20 November 1, 2000, the amendment made by sub21 section (a) shall take effect 30 calendar days after

22 the first day on which such legislature is in session

23 on or after November 1, 2000.

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