II 

116TH CONGRESS 

1ST SESSION S. 575 

To deter, prevent, reduce, and respond to harassment in the workplace, 

including sexual harassment, sexual assault, and harassment based on 

protected categories. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 27, 2019 

Ms. HARRIS (for herself and Ms. MURKOWSKI) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To deter, prevent, reduce, and respond to harassment in 

the workplace, including sexual harassment, sexual assault, and harassment based on protected categories. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ending the Monopoly 

5 of Power Over Workplace harassment through Education 

6 and Reporting Act—Part 1’’ or the ‘‘EMPOWER Act— 

7 Part 1’’. 


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1 SEC. 2. PURPOSE AND AUTHORITY. 

2 It is the purpose of this Act, through the exercise by 

3 Congress of its power to regulate commerce among the 

4 several States, to deter, prevent, reduce, and respond to 

5 harassment in the workplace, including sexual harass6 ment, sexual assault, and harassment based on other pro7 tected categories. 

8 SEC. 3. DEFINITIONS. 

9 In this Act: 

10 (1) APPLICANT.—The term ‘‘applicant’’ means 

11 an applicant for employment as an employee, inde12 pendent contractor, or outside worker. 

13 (2) CHARGE OF DISCRIMINATION.—The term 

14 ‘‘Charge of Discrimination’’ means a charge of dis15 crimination filed pursuant to section 706 of the Civil 

16 Rights Act of 1964 (42 U.S.C. 2000e–5). 

17 (3) COMMISSION.—The term ‘‘Commission’’ 

18 means the Equal Employment Opportunity Commis19 sion. 

20 (4) EMPLOYEE.—The term ‘‘employee’’ 

21 means— 

22 (A) an individual employed by an employer 

23 described in paragraph (5), including an outside 

24 worker in such individual’s office or place of 

25 employment; 


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1 (B) an employee to which section 703, 

2 704, or 717(a) of the Civil Rights Act of 1964 

3 (42 U.S.C. 2000e–2; 2000e–3; 2000e–16(a)) 

4 applies, including an outside worker in such an 

5 employee’s office or place of employment; 

6 (C) a State employee to which section 

7 302(a)(1) of the Government Employee Rights 

8 Act of 1991 (42 U.S.C. 2000e–16b(a)(1)) ap9 plies, including an outside worker in such a 

10 State employee’s office or place of employment; 

11 or 

12 (D) a covered employee, as defined in sec13 tion 101 of the Congressional Accountability 

14 Act of 1995 (2 U.S.C. 1301) or section 411(c) 

15 of title 3, United States Code, including an out16 side worker in such a covered employee’s office 

17 or place of employment. 

18 (5) EMPLOYER.—The term ‘‘employer’’ 

19 means— 

20 (A) a person engaged in an industry affect21 ing commerce, and any agent of such a person; 

22 (B) an entity to which section 703, 704, or 

23 717(a) of the Civil Rights Act of 1964 applies; 


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1 (C) an employing authority to which sec2 tion 302(a)(1) of the Government Employee 

3 Rights Act of 1991 applies; or 

4 (D) an employing office, as defined in sec5 tion 101 of the Congressional Accountability 

6 Act of 1995 or section 411(c) of title 3, United 

7 States Code. 

8 (6) FAIR EMPLOYMENT PRACTICES AGEN9 CIES.—The term ‘‘fair employment practices agen10 cies’’ means State and local agencies with the au11 thority to enforce laws or regulations to prohibit dis12 crimination in employment. 

13 (7) INDEPENDENT CONTRACTOR.—The term 

14 ‘‘independent contractor’’ means an individual who, 

15 with respect to an employer, is a contractor based on 

16 the common law of agency. 

17 (8) LAW ENFORCEMENT AGENCY.—The term 

18 ‘‘law enforcement agency’’ means a government 

19 agency with criminal or civil law enforcement pow20 ers, which may include a government agency with 

21 regulatory or licensing authority. 

22 (9) NONDISCLOSURE CLAUSE.—The term ‘‘non23 disclosure clause’’ means a provision in a contract or 

24 agreement establishing that the parties to the con25 tract or agreement agree not to disclose information 


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1 covered by the terms and conditions of the contract 

2 or agreement. 

3 (10) NONDISPARAGEMENT CLAUSE.—The term 

4 ‘‘nondisparagement clause’’ means a provision in a 

5 contract or agreement requiring one or more parties 

6 to the contract or agreement not to make negative 

7 statements about the other. 

8 (11) OUTSIDE WORKER.—The term ‘‘outside 

9 worker’’ means— 

10 (A) a temporary worker hired through an 

11 employment agency (as defined in section 701 

12 of the Civil Rights Act of 1964 (42 U.S.C. 

13 2000e)) to provide services to an employer pur14 suant to an agreement between the employment 

15 agency and the employer; 

16 (B) an independent contractor for an em17 ployer or a subcontractor thereof; or 

18 (C) an intern or volunteer, whether paid or 

19 unpaid, for an employer. 

20 (12) SEXUAL ASSAULT.—The term ‘‘sexual as21 sault’’ means any nonconsensual sexual act pro22 scribed by Federal, tribal, or State law, including 

23 such an act that occurs when the victim lacks capac24 ity to consent. 


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1 (13) SUBCONTRACTOR.—The term ‘‘subcon2 tractor’’ means any employer having a contract with 

3 a prime contractor or another subcontractor calling 

4 for supplies or services required for the performance 

5 of a contract or a government contract. 

6 (14) WORKPLACE HARASSMENT.—The term 

7 ‘‘workplace harassment’’ means unwelcome or offen8 sive conduct based on sex (including such conduct 

9 based on sexual orientation, gender identity, and 

10 pregnancy), race, color, national origin, disability, 

11 age, or religion, whether that conduct occurs in-per12 son or through an electronic medium (which may in13 clude social media), in a work or work-related con14 text, which affects any term, condition, or privilege 

15 of employment. 

16 SEC. 4. PROHIBITING NONDISPARAGEMENT AND NON17 DISCLOSURE CLAUSES THAT COVER WORK18 PLACE HARASSMENT, INCLUDING SEXUAL 

19 HARASSMENT. 

20 (a) UNLAWFUL PRACTICES.— 

21 (1) PROHIBITION ON WORKPLACE HARASSMENT

22 NONDISCLOSURE CLAUSE.—Subject to subsection 

23 (b)(1), it shall be an unlawful practice for an em24 ployer to enter into a contract or agreement with an 

25 employee or applicant, as a condition of employment, 


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1 promotion, compensation, benefits, or change in em2 ployment status or contractual relationship, or as a 

3 term, condition, or privilege of employment, if that 

4 contract or agreement contains a nondisparagement 

5 or nondisclosure clause that covers workplace har6 assment, including sexual harassment or retaliation 

7 for reporting, resisting, opposing, or assisting in the 

8 investigation of workplace harassment. 

9 (2) PROHIBITION ON ENFORCEMENT.—Not10 withstanding any other provision of law, it shall be 

11 an unlawful practice and otherwise unlawful for an 

12 employer to enforce or attempt to enforce a non13 disparagement clause or nondisclosure clause de14 scribed in paragraph (1). 

15 (b) SETTLEMENT OR SEPARATION AGREEMENTS.— 

16 (1) IN GENERAL.—The provisions of subsection 

17 (a) do not apply to a nondisclosure clause or non18 disparagement clause contained in a settlement 

19 agreement or separation agreement that resolves 

20 legal claims or disputes when— 

21 (A) such legal claims accrued or such dis22 putes arose before the settlement agreement or 

23 separation agreement was executed; and 


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1 (B) such clauses are mutually agreed upon 

2 and mutually benefit both the employer and em3 ployee. 

4 (2) UNLAWFUL PRACTICE.—It shall be an un5 lawful practice for an employer to unilaterally in6 clude a nondisclosure clause or a nondisparagement 

7 clause that solely benefits the employer in a separa8 tion or settlement agreement. 

9 (c) RIGHT TO REPORT RESERVED.—Notwithstand10 ing signing (before or after the effective date of this Act) 

11 any nondisparagement or nondisclosure clause including 

12 a clause referred to in subsection (a)(1), an employee or 

13 applicant retains any right that person would otherwise 

14 have had to report a concern about workplace harassment, 

15 including sexual harassment or another violation of the 

16 law to the Commission, another Federal agency (including 

17 an office of the legislative or judicial branch), a State or 

18 local fair employment practices agency or any State or 

19 local agency, or a law enforcement agency, and any right 

20 that person would otherwise have had to bring an action 

21 in a court of the United States. 

22 (d) ENFORCEMENT.— 

23 (1) ENFORCEMENT POWERS.—With respect to 

24 the administration and enforcement of this section 


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1 in the case of a claim alleged by an employee for a 

2 violation of this section— 

3 (A) the Commission shall have the same 

4 powers as the Commission has to administer 

5 and enforce— 

6 (i) title VII of the Civil Rights Act of 

7 1964 (42 U.S.C. 2000e et seq.); or 

8 (ii) sections 302 and 304 of the Gov9 ernment Employee Rights Act of 1991 (42 

10 U.S.C. 2000e–16b and 2000e–16c), 

11 in the case of a claim alleged by such employee 

12 for a violation of such title, or of section 

13 302(a)(1) of the Government Employee Rights 

14 Act of 1991 (42 U.S.C. 2000e–16b(a)(1)), re15 spectively; 

16 (B) the Librarian of Congress shall have 

17 the same powers as the Librarian of Congress 

18 has to administer and enforce title VII of the 

19 Civil Rights Act of 1964 (42 U.S.C. 2000e et 

20 seq.) in the case of a claim alleged by such em21 ployee for a violation of such title; 

22 (C) the Board (as defined in section 101 of 

23 the Congressional Accountability Act of 1995 (2 

24 U.S.C. 1301)) shall have the same powers as 

25 the Board has to administer and enforce the 


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1 Congressional Accountability Act of 1995 (2 

2 U.S.C. 1301 et seq.) in the case of a claim al3 leged by such employee for a violation of section 

4 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)); 

5 (D) the Attorney General shall have the 

6 same powers as the Attorney General has to ad7 minister and enforce— 

8 (i) title VII of the Civil Rights Act of 

9 1964 (42 U.S.C. 2000e et seq.); or 

10 (ii) sections 302 and 304 of the Gov11 ernment Employee Rights Act of 1991 (42 

12 U.S.C. 2000e–16b and 2000e–16c), 

13 in the case of a claim alleged by such employee 

14 for a violation of such title, or of section 

15 302(a)(1) of the Government Employee Rights 

16 Act of 1991 (42 U.S.C. 2000e–16b(a)(1)), re17 spectively; 

18 (E) the President, the Commission, and 

19 the Merit Systems Protection Board shall have 

20 the same powers as the President, the Commis21 sion, and the Board, respectively, have to ad22 minister and enforce chapter 5 of title 3, 

23 United States Code, in the case of a claim al24 leged by such employee for a violation of section 

25 411 of such title; 


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1 (F) the Commission shall have the same 

2 powers as described in subparagraph (A) to ad3 minister and enforce a claim by any employee 

4 who is not otherwise able to seek remedy for a 

5 claim through an enforcement entity described 

6 in subparagraph (A) through (E); and 

7 (G) a court of the United States shall have 

8 the same jurisdiction and powers as the court 

9 has to enforce— 

10 (i) title VII of the Civil Rights Act of 

11 1964 (42 U.S.C. 2000e et seq.) in the case 

12 of a claim alleged by such employee for a 

13 violation of such title or in the case of a 

14 claim described in subparagraph (F); 

15 (ii) sections 302 and 304 of the Gov16 ernment Employee Rights Act of 1991 (42 

17 U.S.C. 2000e–16b and 2000e–16c) in the 

18 case of a claim alleged by such employee 

19 for a violation of section 302(a)(1) of such 

20 Act (42 U.S.C. 2000e–16b(a)(1)); 

21 (iii) the Congressional Accountability 

22 Act of 1995 (2 U.S.C. 1301 et seq.) in the 

23 case of a claim alleged by such employee 

24 for a violation of section 201(a)(1) of such 

25 Act (2 U.S.C. 1311(a)(1)); and 


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1 (iv) chapter 5 of title 3, United States 

2 Code, in the case of a claim alleged by 

3 such employee for a violation of section 

4 411 of such title. 

5 (2) PROCEDURES AND REMEDIES.—The proce6 dures and remedies applicable to a claim alleged by 

7 an employee for a violation of this section are— 

8 (A) the procedures and remedies applicable 

9 for a violation of title VII of the Civil Rights 

10 Act of 1964 (42 U.S.C. 2000e et seq.) in the 

11 case of a claim alleged by such employee for a 

12 violation of such title or in the case of a claim 

13 described in paragraph (1)(F); 

14 (B) the procedures and remedies applicable 

15 for a violation of section 302(a)(1) of the Gov16 ernment Employee Rights Act of 1991 (42 

17 U.S.C. 2000e–16b(a)(1)) in the case of a claim 

18 alleged by such employee for a violation of such 

19 section; 

20 (C) the procedures and remedies applicable 

21 for a violation of section 201(a)(1) of the Con22 gressional Accountability Act of 1995 (2 U.S.C. 

23 1311(a)(1)) in the case of a claim alleged by 

24 such employee for a violation of such section; 

25 and 


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1 (D) the procedures and remedies applicable 

2 for a violation of section 411 of title 3, United 

3 States Code, in the case of a claim alleged by 

4 such employee for a violation of such section. 

5 (3) OTHER APPLICABLE PROVISIONS.—With re6 spect to a claim alleged by a covered employee (as 

7 defined in section 101 of the Congressional Account8 ability Act of 1995 (2 U.S.C. 1301)) for a violation 

9 of this section, title III of the Congressional Ac10 countability Act of 1995 (2 U.S.C. 1381 et seq.) 

11 shall apply in the same manner as such title applies 

12 with respect to a claim alleged by such a covered 

13 employee for a violation of section 201(a)(1) of such 

14 Act (2 U.S.C. 1311(a)(1)). 

15 (e) REGULATIONS.— 

16 (1) IN GENERAL.—Except as provided in para17 graphs (2), (3), and (4), the Commission shall have 

18 authority to issue regulations to carry out this sec19 tion. 

20 (2) LIBRARIAN OF CONGRESS.—The Librarian 

21 of Congress shall have authority to issue regulations 

22 to carry out this section with respect to employees 

23 and applicants for employment of the Library of 

24 Congress. 


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1 (3) BOARD.—The Board referred to in sub2 section (d)(1)(C) shall have authority to issue regu3 lations to carry out this section, in accordance with 

4 section 304 of the Congressional Accountability Act 

5 of 1995 (2 U.S.C. 1384), with respect to covered 

6 employees, as defined in section 101 of such Act (2 

7 U.S.C. 1301). 

8 (4) PRESIDENT.—The President shall have au9 thority to issue regulations to carry out this section 

10 with respect to covered employees, as defined in sec11 tion 411(c) of title 3, United States Code, and appli12 cants for employment as such employees. 

13 (f) STATE AND FEDERAL IMMUNITY.— 

14 (1) ABROGATION OF STATE IMMUNITY.—A 

15 State shall not be immune under the 11th Amend16 ment to the Constitution from a suit brought in a 

17 Federal court of competent jurisdiction for a viola18 tion of this section. 

19 (2) WAIVER OF STATE IMMUNITY.— 

20 (A) IN GENERAL.— 

21 (i) WAIVER.—A State’s receipt or use 

22 of Federal financial assistance for any pro23 gram or activity of a State shall constitute 

24 a waiver of sovereign immunity, under the 

25 11th Amendment to the Constitution or 


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1 otherwise, to a suit brought by an em2 ployee or applicant for employment of that 

3 program or activity under this section for 

4 a remedy authorized under subsection (d). 

5 (ii) DEFINITION.—In this paragraph, 

6 the term ‘‘program or activity’’ has the 

7 meaning given the term in section 606 of 

8 the Civil Rights Act of 1964 (42 U.S.C. 

9 2000d–4a). 

10 (B) EFFECTIVE DATE.—With respect to a 

11 particular program or activity, subparagraph 

12 (A) applies to conduct occurring on or after the 

13 day, after the date of enactment of this Act, on 

14 which a State first receives or uses Federal fi15 nancial assistance for that program or activity. 

16 (3) REMEDIES AGAINST STATE OFFICIALS.—An 

17 official of a State may be sued in the official capac18 ity of the official by any employee or applicant for 

19 employment who has complied with the applicable 

20 procedures of subsection (d), for equitable relief that 

21 is authorized under this section. In such a suit the 

22 court may award to the prevailing party those costs 

23 authorized by section 722 of the Revised Statutes 

24 (42 U.S.C. 1988). 


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1 (4) REMEDIES AGAINST THE UNITED STATES

2 AND THE STATES.—Notwithstanding any other pro3 vision of this Act, in an action or administrative pro4 ceeding against the United States or a State for a 

5 violation of this section, remedies (including rem6 edies at law and in equity, and interest) are avail7 able for the violation to the same extent as the rem8 edies are available for a violation of title VII of the 

9 Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) 

10 by a private entity, except that— 

11 (A) punitive damages are not available; 

12 and 

13 (B) compensatory damages are available to 

14 the extent specified in section 1977A(b) of the 

15 Revised Statutes (42 U.S.C. 1981a(b)). 

16 SEC. 5. CONFIDENTIAL TIP-LINE ADDRESSING EMPLOYERS 

17 WITH WIDESPREAD AND SYSTEMIC WORK18 PLACE HARASSMENT. 

19 (a) CONFIDENTIAL TIP-LINE ESTABLISHED.— 

20 (1) IN GENERAL.—Not later than 1 year after 

21 the date of enactment of this Act, the Commission 

22 shall establish a confidential tip-line that supple23 ments the Commission’s existing process for submit24 ting a Charge of Discrimination, and that has the 

25 characteristics described in paragraph (2), to— 


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1 (A) receive, log, and acknowledge the re2 ceipt of reports by employees, applicants, by3 standers, or other individuals who attest that 

4 they have experienced or witnessed workplace 

5 harassment, including sexual assault and other 

6 forms of sexual harassment; 

7 (B) provide informational materials to re8 porting individuals described in subparagraph 

9 (A); and 

10 (C) make available reports described in 

11 subparagraph (A) to— 

12 (i) the Commission; and 

13 (ii) Commission-approved fair employ14 ment practices agencies for potential inves15 tigation. 

16 (2) OPERATION OF THE TIP-LINE.—The Com17 mission shall ensure that the tip-line established 

18 under this section will— 

19 (A) explicitly notify reporting individuals 

20 that the tip-line does not allow anonymous re21 porting, but does allow the submission of con22 fidential reports, independent of a Charge of 

23 Discrimination or a Federal or State adminis24 trative complaint, by those employees or appli25 cants who have experienced workplace harassVerDate Sep 11 2014 22:21 Mar 11, 2019 Jkt 089200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S575.IS S575

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1 ment, including sexual assault and other forms 

2 of sexual harassment, and by those employees, 

3 applicants, bystanders, or other individuals who 

4 have witnessed such conduct; 

5 (B) provide an option for reporting individ6 uals to make a report that would not identify 

7 individual employees, but would identify the en8 tity, employer, division, or subdivision respon9 sible for the workplace harassment, including 

10 sexual assault and other forms of sexual harass11 ment; 

12 (C) educate reporting individuals about 

13 how to preserve the right to make any reports, 

14 complaints, or charges that the individuals 

15 would otherwise have been eligible to make, 

16 independent of any report to the tip-line, in17 cluding— 

18 (i) the right of the reporting indi19 vidual to file a Charge of Discrimination 

20 that will result in the Commission or a 

21 Commission-approved fair employment 

22 practices agency taking action (and the 

23 risk of losing that right if the reporting in24 dividual fails to file a timely Charge of 

25 Discrimination); and 


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1 (ii) a clear explanation of any dead2 lines or limitations periods; 

3 (D) instruct reporting individuals about 

4 how to file a Charge of Discrimination with the 

5 Commission and encourage reporting individ6 uals to file a Charge of Discrimination in order 

7 to allow the Commission to more effectively in8 vestigate the workplace harassment; 

9 (E) emphasize that reports to the confiden10 tial tip-line— 

11 (i) will not prompt individualized in12 vestigations, except in the limited cir13 cumstances described in clause (ii), sub14 paragraph (I), and subsection (b), and 

15 such investigations will fully comport with 

16 applicable due process requirements; 

17 (ii) will be monitored by the Commis18 sion and Commission-approved fair em19 ployment practices agencies to identify 

20 trends and determine whether investiga21 tions should be undertaken, for instance, 

22 when the Commission has received multiple 

23 complaints regarding a particular employer 

24 or there is evidence of a broader pattern or 

25 practice of workplace harassment; 


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1 (iii) shall not be discoverable in civil 

2 cases, unless the reporting individual 

3 waives the confidentiality of the submitted 

4 reports; and 

5 (iv) shall not be shared with other 

6 Federal agencies; 

7 (F) engage fair employment practices 

8 agencies at the State and local level to apply 

9 and be thoroughly vetted and reviewed for ap10 proved access to the confidential tip-line; 

11 (G) share information from the tip-line, in12 cluding information on opened investigations, 

13 only between and among participating approved 

14 fair employment practices agencies and the 

15 Commission to facilitate coordination and avoid 

16 conflicts in investigations and resolutions; 

17 (H) offer an option to each reporting indi18 vidual, at the time of reporting, to elect to be 

19 informed, to the extent practicable, if the indi20 vidual’s report leads to an investigation, so that 

21 the reporting individual may choose to provide 

22 further information or participate in any result23 ing investigation; and 

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1 ports confidential within the tip-line and only 

2 available to the Commission and Commission3 approved fair employment practices agencies, 

4 and require that information obtained can be 

5 used only for the purpose of investigation re6 lated to the submitted complaint or complaints, 

7 in full compliance with applicable due process 

8 requirements. 

9 (b) CHARGE OF DISCRIMINATION.—In the event that 

10 a member of the Commission determines that information 

11 received from the tip-line warrants an investigation, the 

12 member may initiate an investigation by filing a Charge 

13 of Discrimination in accordance with section 706 of the 

14 Civil Rights Act of 1964 (42 U.S.C. 2000e–5). 

15 (c) EDUCATION ABOUT THE TIP-LINE.—The Com16 mission shall disseminate information and educate the 

17 public about the tip-line established under this section. 

18 (d) UNLAWFUL PRACTICES WITH RESPECT TO THE

19 TIP-LINE.— 

20 (1) OTHER UNLAWFUL PRACTICE.—It shall be 

21 unlawful to engage in any unlawful employment 

22 practice described in section 704 of the Civil Rights 

23 Act of 1964 (42 U.S.C. 2000e–3) with respect to the 

24 tip-line under this section, including contacting or 

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1 ties, such as the police, immigration officials, or 

2 other officials, with respect to an employee or appli3 cant because that employee or applicant has made a 

4 charge, testified, assisted, or participated in any 

5 manner in an investigation, proceeding or hearing 

6 under this section. 

7 (2) CONFIDENTIALITY.—It shall be unlawful 

8 for any officer or employee of the Commission, or 

9 any Commission-approved fair employment practices 

10 agencies, to make public in any manner whatever 

11 any information obtained by the Commission pursu12 ant to its authority under this section, prior to insti13 tution of any proceeding under section 706 of the 

14 Civil Rights Act of 1964 (42 U.S.C. 2000e–5), ex15 cept that the Commission, or any Commission-ap16 proved fair employment practices agency, shall offer 

17 information to reporting individuals in accordance 

18 with this section. 

19 (3) ENFORCEMENT.—The enforcement provi20 sions described in section 4(d) shall apply in the 

21 same manner to the enforcement of a violation de22 scribed in paragraph (1) or (2). 

23 (e) EFFECTIVE DATE.—This section shall first take 

24 effect on the first day of the first fiscal year for which 

25 $1,500,000 is appropriated to carry out this section. 


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1 (f) ANNUAL MINIMUM.—The Commission shall not 

2 be required to implement this section in any fiscal year 

3 for which less than $1,000,000 is appropriated to carry 

4 out this section. 

5 SEC. 6. SEC FILINGS AND MATERIAL DISCLOSURES AT PUB6 LIC COMPANIES. 

7 (a) DEFINITIONS.—In this section— 

8 (1) the term ‘‘Form 10–K’’ means the form de9 scribed in section 249.310 of title 17, Code of Fed10 eral Regulations, or any successor regulation; and 

11 (2) the term ‘‘issuer’’ has the meaning given 

12 the term in section 3(a) of the Securities Exchange 

13 Act of 1934 (15 U.S.C. 78c(a)). 

14 (b) FINDINGS.—Congress finds that— 

15 (1) shareholders and the public should know 

16 whether corporations— 

17 (A) are expending company funds to re18 solve, settle, or litigate claims of workplace har19 assment, including sexual harassment; and 

20 (B) along with the executives and man21 agers of those corporations— 

22 (i) are complying with prohibitions 

23 against workplace harassment, including 

24 sexual harassment; and 


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1 (ii) facilitate a culture of silence, dis2 respect, intimidation, and abuse that nega3 tively impacts the health and safety of the 

4 workers of those corporations and the 

5 value of those corporations; and 

6 (2) the requirements of this section will— 

7 (A) establish necessary transparency and 

8 accountability; and 

9 (B) provide an incentive for corporations 

10 to— 

11 (i) promptly address workplace har12 assment, including sexual harassment, as 

13 that misconduct occurs; and 

14 (ii) foster a culture in which work15 place harassment is not protected and does 

16 not occur. 

17 (c) INFORMATION REQUIRED.—Not later than 1 year 

18 after the date of enactment of this Act, the Securities and 

19 Exchange Commission shall promulgate a regulation that 

20 requires any issuer that is required to submit an annual 

21 report using Form 10–K to include in any such submis22 sion— 

23 (1) during the period covered by the submis24 sion— 


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1 (A) with respect to workplace harassment, 

2 including sexual harassment, and retaliation for 

3 reporting, resisting, opposing, or assisting in 

4 the investigation of workplace harassment— 

5 (i) the number of settlements reached 

6 by the issuer as a signatory or when the 

7 issuer is a beneficiary of a release of 

8 claims; and 

9 (ii) whether any judgments or awards 

10 (including awards through arbitration or 

11 administrative proceedings) were entered 

12 against the issuer in part or in whole, or 

13 any payments made in connection with a 

14 release of claims; and 

15 (B) the total amount paid by the issuer or 

16 another party as a result of— 

17 (i) the settlements described in sub18 paragraph (A)(i); and 

19 (ii) the judgments described in sub20 paragraph (A)(ii); and 

21 (2) information regarding whether, in the ag22 gregate, including the period covered by the submis23 sion, there have been three or more settlements 

24 reached by, or judgments against, the issuer with re25 spect to workplace harassment, including sexual harVerDate Sep 11 2014 22:21 Mar 11, 2019 Jkt 089200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S575.IS S575

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•S 575 IS

1 assment, or retaliation for reporting, resisting, op2 posing, or assisting in the investigation of workplace 

3 harassment that relate to a particular individual em4 ployed by the issuer, without identifying that indi5 vidual by name. 

6 SEC. 7. PROFESSIONAL TRAINING, INCLUDING BYSTANDER 

7 TRAINING, AND PUBLIC EDUCATION CAM8 PAIGNS. 

9 (a) COMMISSION AUTHORITY.—The Commission 

10 shall have the authority to— 

11 (1) reasonably adjust the fees the Commission 

12 charges for any education, technical assistance, or 

13 training the Commission offers in accordance with 

14 section 705(j)(1) of the Civil Rights Act of 1964 (42 

15 U.S.C. 2000e–4(j)(1)); 

16 (2) use the materials developed by the Commis17 sion for any education, technical assistance, or train18 ing offered by the Commission in accordance with 

19 section 705(j)(1) of the Civil Rights Act of 1964 in 

20 any education and outreach activities carried out by 

21 the Commission; and 

22 (3) use funds from the EEOC Education, Tech23 nical Assistance, and Training Revolving Fund, es24 tablished under section 705(k) of the Civil Rights 

25 Act of 1964, to pay the full salaries of any CommisVerDate Sep 11 2014 22:21 Mar 11, 2019 Jkt 089200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S575.IS S575

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•S 575 IS

1 sion employees that develop and administer any edu2 cation, technical assistance, or training programs of3 fered by the Commission. 

4 (b) WORKPLACE TRAINING.— 

5 (1) IN GENERAL.—The Commission shall pro6 vide for the development and dissemination of work7 place training programs and information regarding 

8 workplace harassment, including sexual harassment. 

9 (2) CONTENTS OF TRAINING.—The training 

10 provided by the Commission under this subsection to 

11 managers and nonmanagers shall be consistent with 

12 the findings of the Commission, on matters includ13 ing— 

14 (A) what constitutes workplace harass15 ment, including sexual harassment; 

16 (B) the rights of individuals with respect 

17 to workplace harassment and how to report 

18 workplace harassment; 

19 (C) how individuals, including bystanders, 

20 who encounter workplace harassment can inter21 vene or report the harassment; and 

22 (D) how employers and managers can pre23 vent workplace harassment, including sexual 

24 harassment, from occurring in the workplace. 


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1 (3) CONTENTS OF INFORMATION.—In providing 

2 information under this subsection, the Commission 

3 shall— 

4 (A) prepare and distribute information 

5 that is consistent with the findings of the Com6 mission; and 

7 (B) develop and disseminate a public serv8 ice advertisement campaign that— 

9 (i) distributes information with re10 spect to the matters described in para11 graph (2); and 

12 (ii) advertises the confidential com13 plaint database established under section 

14 5. 

15 (c) EFFECTIVE DATE.—This section shall not take 

16 effect in any fiscal year for which less than $1,500,000 

17 is appropriated to carry out this section. 

Æ 


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