I 

109TH CONGRESS 

1ST SESSION H. R. 3185 

To promote the economic security and safety of victims of domestic and 

sexual violence, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 30, 2005 

Ms. ROYBAL-ALLARD (for herself, Mrs. MALONEY, Ms. SOLIS, Mr. MORAN of 

Virginia, Mr. GEORGE MILLER of California, Mr. VAN HOLLEN, Ms. 

WATSON, Mr. HONDA, Mr. KILDEE, Mr. MOORE of Kansas, Mr. UDALL

of New Mexico, Ms. WOOLSEY, Mrs. CAPPS, Ms. LORETTA SANCHEZ of 

California, Mrs. TAUSCHER, Ms. MATSUI, Ms. LINDA T. SA ́NCHEZ of 

California, Mrs. NAPOLITANO, Ms. LEE, Ms. BALDWIN, Ms. MILLENDERMCDONALD, Ms. EDDIE BERNICE JOHNSON of Texas, Ms. CORRINE

BROWN of Florida, Ms. JACKSON-LEE of Texas, Ms. DELAURO, Ms. 

VELA ́ZQUEZ, Ms. KAPTUR, Mr. HINCHEY, Mr. SERRANO, and Ms. BERKLEY) introduced the following bill; which was referred to the Committee 

on Education and the Workforce, and in addition to the Committees on 

Ways and Means and Financial Services, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To promote the economic security and safety of victims of 

domestic and sexual violence, and for other purposes. 

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. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Security and Financial Empowerment Act’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

TITLE I—ENTITLEMENT TO EMERGENCY LEAVE FOR 

ADDRESSING DOMESTIC OR SEXUAL VIOLENCE 

Sec. 101. Purposes. 

Sec. 102. Entitlement to emergency leave for addressing domestic or sexual violence. 

Sec. 103. Existing leave usable for addressing domestic or sexual violence. 

Sec. 104. Emergency benefits. 

Sec. 105. Effect on other laws and employment benefits. 

Sec. 106. Conforming amendment. 

Sec. 107. Effective date. 

TITLE II—ENTITLEMENT TO UNEMPLOYMENT COMPENSATION 

FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, 

SEXUAL ASSAULT, OR STALKING 

Sec. 201. Purposes. 

Sec. 202. Unemployment compensation and training provisions. 

TITLE III—VICTIMS’ EMPLOYMENT SUSTAINABILITY 

Sec. 301. Short title. 

Sec. 302. Purposes. 

Sec. 303. Prohibited discriminatory acts. 

Sec. 304. Enforcement. 

Sec. 305. Attorney’s fees. 

TITLE IV—VICTIMS OF ABUSE INSURANCE PROTECTION 

Sec. 401. Short title. 

Sec. 402. Definitions. 

Sec. 403. Discriminatory acts prohibited. 

Sec. 404. Insurance protocols for subjects of abuse. 

Sec. 405. Reasons for adverse actions. 

Sec. 406. Life insurance. 

Sec. 407. Subrogation without consent prohibited. 

Sec. 408. Enforcement. 

Sec. 409. Effective date. 

TITLE V—NATIONAL CLEARINGHOUSE ON DOMESTIC AND 

SEXUAL VIOLENCE IN THE WORKPLACE GRANT 
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Sec. 501. National clearinghouse on domestic and sexual violence in the workplace grant. 

TITLE VI—SEVERABILITY 

Sec. 601. Severability. 

1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Violence against women has been reported 

4 to be the leading cause of physical injury to women. 

5 Such violence has a devastating impact on women’s 

6 physical and emotional health, financial security, 

7 and ability to maintain their jobs, and thus impacts 

8 interstate commerce. 

9 (2) Studies indicate that one of the best predic10 tors of whether a victim will be able to stay away 

11 from her abuser is her degree of economic independ12 ence. However, domestic violence, dating violence, 

13 sexual assault and stalking often negatively impacts 

14 victims’ ability to maintain employment. 

15 (3) The Bureau of National Affairs has esti16 mated that domestic violence costs United States 

17 employers between $3,000,000,000 and 

18 $5,000,000,000 annually in lost time and produc19 tivity, while other reports have estimated the cost at 

20 between $5,800,000,000 and $13,000,000,000 annu21 ally. 
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1 (4) United States medical costs for domestic vi2 olence have been estimated to be $31,000,000,000 

3 per year. 

4 (5) Abusers frequently seek to exert financial 

5 control over their partners by actively interfering 

6 with their ability to work, including preventing their 

7 partners from going to work, harassing their part8 ners at work, limiting the access of their partners to 

9 cash or transportation, and sabotaging the child care 

10 arrangements of their partners. 

11 (6) Domestic violence also affects perpetrators’ 

12 ability to work. A recent study found that 48 per13 cent of abusers reported having difficulty concen14 trating at work and 42 percent reported being late 

15 to work. Seventy-eight percent reported using their 

16 own company’s resources in connection with the abu17 sive relationship. 

18 (7) Studies indicate that between 35 and 56 

19 percent of employed battered women surveyed were 

20 harassed at work by their abusive partners. 

21 (8) Victims of domestic violence also frequently 

22 miss work due to injuries, court dates, and safety 

23 concerns requiring legal protections. Victims of do24 mestic violence lose 8,000,000 days of paid work 
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1 each year—the equivalent of over 32,000 full-time 

2 jobs and 5,600,000 days of household productivity. 

3 (9) According to a 1998 report of the General 

Accounting Office, between 1⁄4 and 1 4 ⁄2 of domestic 

5 violence victims surveyed in 3 studies reported that 

6 they lost a job due, at least in part, to domestic vio7 lence. 

8 (10) Women who have experienced domestic vi9 olence or dating violence are more likely than other 

10 women to be unemployed, to suffer from health 

11 problems that can affect employability and job per12 formance, to report lower personal income, and to 

13 rely on welfare. 

14 (11) The prevalence of sexual assault and other 

15 violence against women at work is also dramatic. 

16 About 36,500 individuals, 80 percent of whom are 

17 women, were raped or sexually assaulted in the 

18 workplace each year from 1993 through 1999. Half 

19 of all female victims of violent workplace crimes 

20 know their attackers. Nearly 1 out of 10 violent 

21 workplace incidents are committed by partners or 

22 spouses. Women who work for State and local gov23 ernments suffer a higher incidence of workplace as24 saults, including rapes, than women who work in the 

25 private sector. 
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1 (12) Sexual assault, whether occurring in or out 

2 of the workplace, can impair an employee’s work 

3 performance, require time away from work, and un4 dermine the employee’s ability to maintain a job. Al5 most 50 percent of sexual assault survivors lose their 

6 jobs or are forced to quit in the aftermath of the as7 saults. 

8 (13) More than 35 percent of stalking victims 

9 report losing time from work due to the stalking and 

10 7 percent never return to work. 

11 (14) Ninety-four percent of corporate security 

12 and safety directors at companies nationwide rank 

13 domestic violence as a high security concern. 

14 (15) Already, 27 States and the District of Co15 lumbia have laws that explicitly provide unemploy16 ment insurance to domestic violence victims in cer17 tain circumstances. However, these laws vary in the 

18 extent to which they effectively address the special 

19 circumstances of victims of domestic violence and 

20 very few of the laws explicitly cover victims of sexual 

21 assault or stalking. Moreover— 

22 (A) victims who do not receive unemploy23 ment insurance benefits often lack the economic 

24 independence they need to escape violent rela25 tionships; 
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1 (B) victims who lose their jobs because of 

2 domestic or sexual violence have lost their jobs 

3 through no fault of their own, and thus are the 

4 intended beneficiaries of unemployment com5 pensation benefits; 

6 (C) under many State unemployment com7 pensation laws, victims of domestic or sexual vi8 olence who separate from their jobs because of 

9 the violence may not be eligible to receive bene10 fits because of the circumstances of their sepa11 ration; 

12 (D) victims who must leave a job to relo13 cate to a safe location or to take other steps to 

14 secure their safety may be barred from unem15 ployment benefits on the grounds that they left 

16 a job voluntarily and without good cause; and 

17 (E) victims who have qualified for benefits 

18 may not be able to satisfy requirements con19 cerning availability for work or the suitability of 

20 potential work because of their ongoing safety 

21 needs. 

22 (16) Five States provide victims of domestic or 

23 sexual violence with leave from work to go to court, 

24 to the doctor, or to take other steps to address the 

25 violence in their lives, and several other States pro-
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1 vide time off to victims of crimes, which can include 

2 victims of domestic and sexual violence, to attend 

3 court proceedings. However, many States have no 

4 employment-protected leave provisions that allow vic5 tims of domestic or sexual violence to take the time 

6 off they need to address the violence. 

7 (17) Domestic and sexual violence victims have 

8 been subjected to discrimination by private and 

9 State employers, including discrimination motivated 

10 by sex and stereotypic notions about women. 

11 (18) Domestic violence victims and third parties 

12 who help them have been subjected to discriminatory 

13 practices by health, life, disability, and property and 

14 casualty insurers, and employers who self-insure em15 ployee benefits who have denied or canceled cov16 erage, rejected claims, and raised rates based on do17 mestic violence. Although some State legislatures 

18 have tried to address these problems, the scope of 

19 protection afforded by the laws adopted varies from 

20 State to State, with many failing to address the 

21 problem comprehensively. Moreover, Federal law 

22 prevents States from protecting the almost 40 per23 cent of employees whose employers self-insure em24 ployee benefits. 

25 (19) Existing Federal law does not explicitly— 
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1 (A) authorize victims of domestic violence, 

2 dating violence, sexual assault, or stalking to 

3 take leave from work to seek legal assistance 

4 and redress, counseling, or assistance with safe5 ty planning activities; 

6 (B) address the eligibility of victims of do7 mestic violence, dating violence, sexual assault, 

8 or stalking for unemployment compensation; 

9 (C) prohibit employment discrimination 

10 against actual or perceived victims of domestic 

11 violence, dating violence, sexual assault, or 

12 stalking; or 

13 (D) prohibit insurers and employers who 

14 self-insure employee benefits from discrimi15 nating against domestic violence victims and 

16 those who help them in determining eligibility, 

17 rates charged, and standards for payment of 

18 claims; nor does it prohibit insurers from disclo19 sure of information about abuse and the vic20 tim’s location through insurance databases and 

21 other means. 

22 SEC. 3. DEFINITIONS. 

23 In this Act, except as otherwise expressly provided: 

24 (1) COMMERCE.—The terms ‘‘commerce’’ and 

25 ‘‘industry or activity affecting commerce’’ have the 
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1 meanings given the terms in section 101 of the 

2 Family and Medical Leave Act of 1993 (29 U.S.C. 

3 2611). 

4 (2) COURSE OF CONDUCT.—The term ‘‘course 

5 of conduct’’ means a course of repeatedly maintain6 ing a visual or physical proximity to a person or con7 veying verbal or written threats, including threats 

8 conveyed through electronic communications, or 

9 threats implied by conduct. 

10 (3) DATING VIOLENCE.—The term ‘‘dating vio11 lence’’ has the meaning given the term in section 

12 826 of the Higher Education Amendments of 1998 

13 (20 U.S.C. 1152). 

14 (4) DOMESTIC OR SEXUAL VIOLENCE.—The 

15 term ‘‘domestic or sexual violence’’ means domestic 

16 violence, dating violence, sexual assault, or stalking. 

17 (5) DOMESTIC VIOLENCE.—The term ‘‘domestic 

18 violence’’ has the meaning given the term in section 

19 826 of the Higher Education Amendments of 1998 

20 (20 U.S.C. 1152). 

21 (6) DOMESTIC VIOLENCE COALITION.—The 

22 term ‘‘domestic violence coalition’’ means a non23 profit, nongovernmental membership organization 

24 that— 
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1 (A) consists of the entities carrying out a 

2 majority of the domestic violence programs car3 ried out within a State; 

4 (B) collaborates and coordinates activities 

5 with Federal, State, and local entities to further 

6 the purposes of domestic violence intervention 

7 and prevention; and 

8 (C) among other activities, provides train9 ing and technical assistance to entities carrying 

10 out domestic violence programs within a State, 

11 territory, political subdivision, or area under 

12 Federal authority. 

13 (7) ELECTRONIC COMMUNICATIONS.—The term 

14 ‘‘electronic communications’’ includes communica15 tions via telephone, mobile phone, computer, email, 

16 video recorder, fax machine, telex, or pager. 

17 (8) EMPLOY; STATE.—The terms ‘‘employ’’ and 

18 ‘‘State’’ have the meanings given the terms in sec19 tion 3 of the Fair Labor Standards Act of 1938 (29 

20 U.S.C. 203). 

21 (9) EMPLOYEE.— 

22 (A) IN GENERAL.—The term ‘‘employee’’ 

23 means any person employed by an employer. In 

24 the case of an individual employed by a public 

25 agency, such term means an individual em-
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1 ployed as described in section 3(e) of the Fair 

2 Labor Standards Act of 1938 (29 U.S.C. 

3 203(e)). 

4 (B) BASIS.—The term includes a person 

5 employed as described in subparagraph (A) on 

6 a full- or part-time basis, for a fixed time pe7 riod, on a temporary basis, pursuant to a detail, 

8 as an independent contractor, or as a partici9 pant in a work assignment as a condition of re10 ceipt of Federal or State income-based public 

11 assistance. 

12 (10) EMPLOYER.—The term ‘‘employer’’— 

13 (A) means any person engaged in com14 merce or in any industry or activity affecting 

15 commerce who employs 15 or more individuals; 

16 and 

17 (B) includes any person acting directly or 

18 indirectly in the interest of an employer in rela19 tion to an employee, and includes a public agen20 cy, but does not include any labor organization 

21 (other than when acting as an employer) or 

22 anyone acting in the capacity of officer or agent 

23 of such labor organization. 

24 (11) EMPLOYMENT BENEFITS.—The term ‘‘em25 ployment benefits’’ means all benefits provided or 
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1 made available to employees by an employer, includ2 ing group life insurance, health insurance, disability 

3 insurance, sick leave, annual leave, educational bene4 fits, and pensions, regardless of whether such bene5 fits are provided by a practice or written policy of 

6 an employer or through an ‘‘employee benefit plan’’, 

7 as defined in section 3(3) of the Employee Retire8 ment Income Security Act of 1974 (29 U.S.C. 

9 1002(3)). 

10 (12) FAMILY OR HOUSEHOLD MEMBER.—The 

11 term ‘‘family or household member’’ means a non12 abusive spouse, former spouse, parent, son or daugh13 ter, or person residing or formerly residing in the 

14 same dwelling unit. 

15 (13) PARENT; SON OR DAUGHTER.—The terms 

16 ‘‘parent’’ and ‘‘son or daughter’’ have the meanings 

17 given the terms in section 101 of the Family and 

18 Medical Leave Act of 1993 (29 U.S.C. 2611). 

19 (14) PERSON.—The term ‘‘person’’ has the 

20 meaning given the term in section 3 of the Fair 

21 Labor Standards Act of 1938 (29 U.S.C. 203). 

22 (15) PUBLIC AGENCY.—The term ‘‘public agen23 cy’’ has the meaning given the term in section 3 of 

24 the Fair Labor Standards Act of 1938 (29 U.S.C. 

25 203). 
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1 (16) PUBLIC ASSISTANCE.—The term ‘‘public 

2 assistance’’ includes cash, food stamps, medical as3 sistance, housing assistance, and other benefits pro4 vided on the basis of income by a public agency. 

5 (17) REDUCED LEAVE SCHEDULE.—The term 

6 ‘‘reduced leave schedule’’ means a leave schedule 

7 that reduces the usual number of hours per work8 week, or hours per workday, of an employee. 

9 (18) REPEATEDLY.—The term ‘‘repeatedly’’ 

10 means on 2 or more occasions. 

11 (19) SECRETARY.—The term ‘‘Secretary’’ 

12 means the Secretary of Labor. 

13 (20) SEXUAL ASSAULT.—The term ‘‘sexual as14 sault’’ has the meaning given the term in section 

15 826 of the Higher Education Amendments of 1998 

16 (20 U.S.C. 1152). 

17 (21) SEXUAL ASSAULT COALITION.—The term 

18 ‘‘sexual assault coalition’’ means a nonprofit, non19 governmental membership organization that— 

20 (A) consists of the entities carrying out a 

21 majority of the sexual assault programs carried 

22 out within a State; 

23 (B) collaborates and coordinates activities 

24 with Federal, State, and local entities to further 
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1 the purposes of sexual assault intervention and 

2 prevention; and 

3 (C) among other activities, provides train4 ing and technical assistance to entities carrying 

5 out sexual assault programs within a State, ter6 ritory, political subdivision, or area under Fed7 eral authority. 

8 (22) STALKING.—The term ‘‘stalking’’ means 

9 engaging in a course of conduct directed at a spe10 cific person that would cause a reasonable person to 

11 suffer substantial emotional distress or to fear bodily 

12 injury, sexual assault, or death to the person, or the 

13 person’s spouse, parent, or son or daughter, or any 

14 other person who regularly resides in the person’s 

15 household, if the conduct causes the specific person 

16 to have such distress or fear. 

17 (23) VICTIM SERVICES ORGANIZATION.—The 

18 term ‘‘victim services organization’’ means a non19 profit, nongovernmental organization that provides 

20 assistance to victims of domestic or sexual violence 

21 or to advocates for such victims, including a rape 

22 crisis center, an organization carrying out a domes23 tic violence program, an organization operating a 

24 shelter or providing counseling services, or an orga-
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1 nization providing assistance through the legal proc2 ess. 

3 TITLE I—ENTITLEMENT TO 

4 EMERGENCY LEAVE FOR AD5 DRESSING DOMESTIC OR SEX6 UAL VIOLENCE 

7 SEC. 101. PURPOSES. 

8 The purposes of this title are, pursuant to the affirm9 ative power of Congress to enact legislation under the por10 tions of section 8 of article I of the Constitution relating 

11 to providing for the general welfare and to regulation of 

12 commerce among the several States, and under section 5 

13 of the 14th amendment to the Constitution— 

14 (1) to promote the national interest in reducing 

15 domestic violence, dating violence, sexual assault, 

16 and stalking by enabling victims of domestic or sex17 ual violence to maintain the financial independence 

18 necessary to leave abusive situations, achieve safety, 

19 and minimize the physical and emotional injuries 

20 from domestic or sexual violence, and to reduce the 

21 devastating economic consequences of domestic or 

22 sexual violence to employers and employees; 

23 (2) to promote the national interest in ensuring 

24 that victims of domestic or sexual violence can re25 cover from and cope with the effects of such vio-
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1 lence, and participate in criminal and civil justice 

2 processes, without fear of adverse economic con3 sequences from their employers; 

4 (3) to ensure that victims of domestic or sexual 

5 violence can recover from and cope with the effects 

6 of such violence, and participate in criminal and civil 

7 justice processes, without fear of adverse economic 

8 consequences with respect to public benefits; 

9 (4) to promote the purposes of the 14th amend10 ment by preventing sex-based discrimination and 

11 discrimination against victims of domestic and sex12 ual violence in employment leave, addressing the 

13 failure of existing laws to protect the employment 

14 rights of victims of domestic or sexual violence, by 

15 protecting their civil and economic rights, and by 

16 furthering the equal opportunity of women for eco17 nomic self-sufficiency and employment free from dis18 crimination; 

19 (5) to minimize the negative impact on inter20 state commerce from dislocations of employees and 

21 harmful effects on productivity, employment, health 

22 care costs, and employer costs, caused by domestic 

23 or sexual violence, including intentional efforts to 

24 frustrate women’s ability to participate in employ25 ment and interstate commerce; 
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1 (6) to further the goals of human rights and 

2 dignity reflected in instruments such as the United 

3 Nations Charter, the Universal Declaration of 

4 Human Rights, and the International Covenant on 

5 Civil and Political Rights; and 

6 (7) to accomplish the purposes described in 

7 paragraphs (1) through (6) by— 

8 (A) entitling employed victims of domestic 

9 or sexual violence to take leave to seek medical 

10 help, legal assistance, counseling, safety plan11 ning, and other assistance without penalty from 

12 their employers; and 

13 (B) prohibiting employers from discrimi14 nating against actual or perceived victims of do15 mestic or sexual violence, in a manner that ac16 commodates the legitimate interests of employ17 ers and protects the safety of all persons in the 

18 workplace. 

19 SEC. 102. ENTITLEMENT TO EMERGENCY LEAVE FOR AD20 DRESSING DOMESTIC OR SEXUAL VIOLENCE. 

21 (a) LEAVE REQUIREMENT.— 

22 (1) BASIS.—An employee who is a victim of do23 mestic or sexual violence may take leave from work 

24 to address domestic or sexual violence, by— 
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1 (A) seeking medical attention for, or recov2 ering from, physical or psychological injuries 

3 caused by domestic or sexual violence to the 

4 employee or the employee’s family or household 

5 member; 

6 (B) obtaining services from a victim serv7 ices organization for the employee or the em8 ployee’s family or household member; 

9 (C) obtaining psychological or other coun10 seling for the employee or the employee’s family 

11 or household member; 

12 (D) participating in safety planning, tem13 porarily or permanently relocating, or taking 

14 other actions to increase the safety of the em15 ployee or the employee’s family or household 

16 member from future domestic or sexual violence 

17 or ensure economic security; or 

18 (E) seeking legal assistance or remedies to 

19 ensure the health and safety of the employee or 

20 the employee’s family or household member, in21 cluding preparing for or participating in any 

22 civil or criminal legal proceeding related to or 

23 derived from domestic or sexual violence. 
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1 (2) PERIOD.—An employee may take not more 

2 than 30 days of leave, as described in paragraph (1), 

3 in any 12-month period. 

4 (3) SCHEDULE.—Leave described in paragraph 

5 (1) may be taken intermittently or on a reduced 

6 leave schedule. 

7 (b) NOTICE.—The employee shall provide the em8 ployer with reasonable notice of the employee’s intention 

9 to take the leave, unless providing such notice is not prac10 ticable. 

11 (c) CERTIFICATION.— 

12 (1) IN GENERAL.—The employer may require 

13 the employee to provide certification to the employer 

14 that— 

15 (A) the employee or the employee’s family 

16 or household member is a victim of domestic or 

17 sexual violence; and 

18 (B) the leave is for 1 of the purposes enu19 merated in subsection (a)(1). 

20 The employee shall provide a copy of such certifi21 cation to the employer within a reasonable period 

22 after the employer requests certification. 

23 (2) CONTENTS.—An employee may satisfy the 

24 certification requirement of paragraph (1) by pro25 viding to the employer— 
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1 (A) a sworn statement of the employee; 

2 (B) documentation from an employee, 

3 agent, or volunteer of a victim services organi4 zation, an attorney, a member of the clergy, or 

5 a medical or other professional, from whom the 

6 employee or the employee’s family or household 

7 member has sought assistance in addressing do8 mestic or sexual violence and the effects of the 

9 violence; 

10 (C) a police or court record; or 

11 (D) other corroborating evidence. 

12 (d) CONFIDENTIALITY.—All information provided to 

13 the employer pursuant to subsection (b) or (c), including 

14 a statement of the employee or any other documentation, 

15 record, or corroborating evidence, and the fact that the 

16 employee has requested or obtained leave pursuant to this 

17 section, shall be retained in the strictest confidence by the 

18 employer, except to the extent that disclosure is— 

19 (1) requested or consented to by the employee 

20 in writing; or 

21 (2) otherwise required by applicable Federal or 

22 State law. 

23 (e) EMPLOYMENT AND BENEFITS.— 

24 (1) RESTORATION TO POSITION.— 
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1 (A) IN GENERAL.—Except as provided in 

2 paragraph (2), any employee who takes leave 

3 under this section for the intended purpose of 

4 the leave shall be entitled, on return from such 

5 leave— 

6 (i) to be restored by the employer to 

7 the position of employment held by the em8 ployee when the leave commenced; or 

9 (ii) to be restored to an equivalent po10 sition with equivalent employment benefits, 

11 pay, and other terms and conditions of em12 ployment. 

13 (B) LOSS OF BENEFITS.—The taking of 

14 leave under this section shall not result in the 

15 loss of any employment benefit accrued prior to 

16 the date on which the leave commenced. 

17 (C) LIMITATIONS.—Nothing in this sub18 section shall be construed to entitle any re19 stored employee to— 

20 (i) the accrual of any seniority or em21 ployment benefits during any period of 

22 leave; or 

23 (ii) any right, benefit, or position of 

24 employment other than any right, benefit, 

25 or position to which the employee would 
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1 have been entitled had the employee not 

2 taken the leave. 

3 (D) CONSTRUCTION.—Nothing in this 

4 paragraph shall be construed to prohibit an em5 ployer from requiring an employee on leave 

6 under this section to report periodically to the 

7 employer on the status and intention of the em8 ployee to return to work. 

9 (2) EXEMPTION CONCERNING CERTAIN HIGHLY

10 COMPENSATED EMPLOYEES.— 

11 (A) DENIAL OF RESTORATION.—An em12 ployer may deny restoration under paragraph 

13 (1) to any employee described in subparagraph 

14 (B) if— 

15 (i) such denial is necessary to prevent 

16 substantial and grievous economic injury to 

17 the operations of the employer; 

18 (ii) the employer notifies the employee 

19 of the intent of the employer to deny res20 toration on such basis at the time the em21 ployer determines that such injury would 

22 occur; and 

23 (iii) in any case in which the leave has 

24 commenced, the employee elects not to re-
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1 turn to employment after receiving such 

2 notice. 

3 (B) AFFECTED EMPLOYEES.—An employee 

4 referred to in subparagraph (A) is a salaried 

5 employee who is among the highest paid 10 per6 cent of the employees employed by the employer 

7 within 75 miles of the facility at which the em8 ployee is employed. 

9 (3) MAINTENANCE OF HEALTH BENEFITS.— 

10 (A) COVERAGE.—Except as provided in 

11 subparagraph (B), during any period that an 

12 employee takes leave under this section, the em13 ployer shall maintain coverage under any group 

14 health plan (as defined in section 5000(b)(1) of 

15 the Internal Revenue Code of 1986) for the du16 ration of such leave at the level and under the 

17 conditions coverage would have been provided if 

18 the employee had continued in employment con19 tinuously for the duration of such leave. 

20 (B) FAILURE TO RETURN FROM LEAVE.— 

21 The employer may recover the premium that 

22 the employer paid for maintaining coverage for 

23 the employee under such group health plan dur24 ing any period of leave under this section if— 
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1 (i) the employee fails to return from 

2 leave under this section after the period of 

3 leave to which the employee is entitled has 

4 expired; and 

5 (ii) the employee fails to return to 

6 work for a reason other than— 

7 (I) the continuation, recurrence, 

8 or onset of domestic or sexual vio9 lence, that entitles the employee to 

10 leave pursuant to this section; or 

11 (II) other circumstances beyond 

12 the control of the employee. 

13 (C) CERTIFICATION.— 

14 (i) ISSUANCE.—An employer may re15 quire an employee who claims that the em16 ployee is unable to return to work because 

17 of a reason described in subclause (I) or 

18 (II) of subparagraph (B)(ii) to provide, 

19 within a reasonable period after making 

20 the claim, certification to the employer 

21 that the employee is unable to return to 

22 work because of that reason. 

23 (ii) CONTENTS.—An employee may 

24 satisfy the certification requirement of 

25 clause (i) by providing to the employer— 
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1 (I) a sworn statement of the em2 ployee; 

3 (II) documentation from an em4 ployee, agent, or volunteer of a victim 

5 services organization, an attorney, a 

6 member of the clergy, or a medical or 

7 other professional, from whom the 

8 employee has sought assistance in ad9 dressing domestic or sexual violence 

10 and the effects of that violence; 

11 (III) a police or court record; or 

12 (IV) other corroborating evi13 dence. 

14 (D) CONFIDENTIALITY.—All information 

15 provided to the employer pursuant to subpara16 graph (C), including a statement of the em17 ployee or any other documentation, record, or 

18 corroborating evidence, and the fact that the 

19 employee is not returning to work because of a 

20 reason described in subclause (I) or (II) of sub21 paragraph (B)(ii) shall be retained in the strict22 est confidence by the employer, except to the 

23 extent that disclosure is— 

24 (i) requested or consented to by the 

25 employee; or 
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1 (ii) otherwise required by applicable 

2 Federal or State law. 

3 (f) PROHIBITED ACTS.— 

4 (1) INTERFERENCE WITH RIGHTS.— 

5 (A) EXERCISE OF RIGHTS.—It shall be un6 lawful for any employer to interfere with, re7 strain, or deny the exercise of or the attempt to 

8 exercise, any right provided under this section. 

9 (B) EMPLOYER DISCRIMINATION.—It shall 

10 be unlawful for any employer to discharge or 

11 harass any individual, or otherwise discriminate 

12 against any individual with respect to com13 pensation, terms, conditions, or privileges of 

14 employment of the individual (including retalia15 tion in any form or manner) because the indi16 vidual— 

17 (i) exercised any right provided under 

18 this section; or 

19 (ii) opposed any practice made unlaw20 ful by this section. 

21 (C) PUBLIC AGENCY SANCTIONS.—It shall 

22 be unlawful for any public agency to deny, re23 duce, or terminate the benefits of, otherwise 

24 sanction, or harass any individual, or otherwise 

25 discriminate against any individual with respect 
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1 to the amount, terms, or conditions of public 

2 assistance of the individual (including retalia3 tion in any form or manner) because the indi4 vidual— 

5 (i) exercised any right provided under 

6 this section; or 

7 (ii) opposed any practice made unlaw8 ful by this section. 

9 (2) INTERFERENCE WITH PROCEEDINGS OR IN10 QUIRIES.—It shall be unlawful for any person to dis11 charge or in any other manner discriminate (as de12 scribed in subparagraph (B) or (C) of paragraph 

13 (1)) against any individual because such indi14 vidual— 

15 (A) has filed any charge, or has instituted 

16 or caused to be instituted any proceeding, 

17 under or related to this section; 

18 (B) has given, or is about to give, any in19 formation in connection with any inquiry or 

20 proceeding relating to any right provided under 

21 this section; or 

22 (C) has testified, or is about to testify, in 

23 any inquiry or proceeding relating to any right 

24 provided under this section. 

25 (g) ENFORCEMENT.— 
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1 (1) CIVIL ACTION BY AFFECTED INDIVID2 UALS.— 

3 (A) LIABILITY.—Any employer or public 

4 agency that violates subsection (f) shall be lia5 ble to any individual affected— 

6 (i) for damages equal to— 

7 (I) the amount of— 

8 (aa) any wages, salary, em9 ployment benefits, public assist10 ance, or other compensation de11 nied or lost to such individual by 

12 reason of the violation; or 

13 (bb) in a case in which 

14 wages, salary, employment bene15 fits, public assistance, or other 

16 compensation has not been de17 nied or lost to the individual, any 

18 actual monetary losses sustained 

19 by the individual as a direct re20 sult of the violation; 

21 (II) the interest on the amount 

22 described in subclause (I) calculated 

23 at the prevailing rate; and 

24 (III) an additional amount as liq25 uidated damages equal to the sum of 
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1 the amount described in subclause (I) 

2 and the interest described in sub3 clause (II), except that if an employer 

4 or public agency that has violated 

5 subsection (f) proves to the satisfac6 tion of the court that the act or omis7 sion that violated subsection (f) was 

8 in good faith and that the employer or 

9 public agency had reasonable grounds 

10 for believing that the act or omission 

11 was not a violation of subsection (f), 

12 such court may, in the discretion of 

13 the court, reduce the amount of the li14 ability to the amount and interest de15 termined under subclauses (I) and 

16 (II), respectively; and 

17 (ii) for such equitable relief as may be 

18 appropriate, including employment, rein19 statement, and promotion. 

20 (B) RIGHT OF ACTION.—An action to re21 cover the damages or equitable relief prescribed 

22 in subparagraph (A) may be maintained against 

23 any employer or public agency in any Federal 

24 or State court of competent jurisdiction by any 
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1 1 or more affected individuals for and on behalf 

2 of— 

3 (i) the individuals; or 

4 (ii) the individuals and other individ5 uals similarly situated. 

6 (C) FEES AND COSTS.—The court in such 

7 an action shall, in addition to any judgment 

8 awarded to the plaintiff, allow a reasonable at9 torney’s fee, reasonable expert witness fees, and 

10 other costs of the action to be paid by the de11 fendant. 

12 (D) LIMITATIONS.—The right provided by 

13 subparagraph (B) to bring an action by or on 

14 behalf of any affected individual shall termi15 nate— 

16 (i) on the filing of a complaint by the 

17 Secretary in an action under paragraph (4) 

18 in which restraint is sought of any further 

19 delay in the payment of the amount de20 scribed in subparagraph (A)(i) to such in21 dividual by an employer or public agency 

22 responsible under subparagraph (A) for 

23 the payment; or 

24 (ii) on the filing of a complaint by the 

25 Secretary in an action under paragraph (2) 
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1 in which a recovery is sought of the dam2 ages described in subparagraph (A)(i) 

3 owing to an affected individual by an em4 ployer or public agency liable under sub5 paragraph (A), unless the action described 

6 in clause (i) or (ii) is dismissed without 

7 prejudice on motion of the Secretary. 

8 (2) ACTION BY THE SECRETARY.— 

9 (A) ADMINISTRATIVE ACTION.—The Sec10 retary shall receive, investigate, and attempt to 

11 resolve complaints of violations of subsection (f) 

12 in the same manner as the Secretary receives, 

13 investigates, and attempts to resolve complaints 

14 of violations of sections 6 and 7 of the Fair 

15 Labor Standards Act of 1938 (29 U.S.C. 206 

16 and 207). 

17 (B) CIVIL ACTION.—The Secretary may 

18 bring an action in any court of competent juris19 diction to recover the damages described in 

20 paragraph (1)(A)(i). 

21 (C) SUMS RECOVERED.—Any sums recov22 ered by the Secretary pursuant to subparagraph 

23 (B) shall be held in a special deposit account 

24 and shall be paid, on order of the Secretary, di25 rectly to each individual affected. Any such 
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1 sums not paid to such an individual because of 

2 inability to do so within a period of 3 years 

3 shall be deposited into the Treasury of the 

4 United States as miscellaneous receipts. 

5 (3) LIMITATION.— 

6 (A) IN GENERAL.—Except as provided in 

7 subparagraph (B), an action may be brought 

8 under this subsection not later than 2 years 

9 after the date of the last event constituting the 

10 alleged violation for which the action is brought. 

11 (B) WILLFUL VIOLATION.—In the case of 

12 such action brought for a willful violation of 

13 subsection (f), such action may be brought 

14 within 3 years after the date of the last event 

15 constituting the alleged violation for which such 

16 action is brought. 

17 (C) COMMENCEMENT.—In determining 

18 when an action is commenced by the Secretary 

19 under this subsection for the purposes of this 

20 paragraph, it shall be considered to be com21 menced on the date when the complaint is filed. 

22 (4) ACTION FOR INJUNCTION BY SECRETARY.— 

23 The district courts of the United States shall have 

24 jurisdiction, for cause shown, in an action brought 

25 by the Secretary— 
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1 (A) to restrain violations of subsection (f), 

2 including the restraint of any withholding of 

3 payment of wages, salary, employment benefits, 

4 public assistance, or other compensation, plus 

5 interest, found by the court to be due to af6 fected individuals; or 

7 (B) to award such other equitable relief as 

8 may be appropriate, including employment, re9 instatement, and promotion. 

10 (5) SOLICITOR OF LABOR.—The Solicitor of 

11 Labor may appear for and represent the Secretary 

12 on any litigation brought under this subsection. 

13 (6) EMPLOYER LIABILITY UNDER OTHER

14 LAWS.—Nothing in this section shall be construed to 

15 limit the liability of an employer or public agency to 

16 an individual, for harm suffered relating to the indi17 vidual’s experience of domestic or sexual violence, 

18 pursuant to any other Federal or State law, includ19 ing a law providing for a legal remedy. 

20 SEC. 103. EXISTING LEAVE USABLE FOR ADDRESSING DO21 MESTIC OR SEXUAL VIOLENCE. 

22 An employee who is entitled to take paid or unpaid 

23 leave (including family, medical, sick, annual, personal, or 

24 similar leave) from employment, pursuant to State or local 

25 law, a collective bargaining agreement, or an employment 
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1 benefits program or plan, may elect to substitute any pe2 riod of such leave for an equivalent period of leave pro3 vided under section 102. 

4 SEC. 104. EMERGENCY BENEFITS. 

5 (a) IN GENERAL.—A State may use funds provided 

6 to the State under part A of title IV of the Social Security 

7 Act (42 U.S.C. 601 et seq.) to provide nonrecurrent short8 term emergency benefits to an individual for any period 

9 of leave the individual takes pursuant to section 102. 

10 (b) ELIGIBILITY.—In calculating the eligibility of an 

11 individual for such emergency benefits, the State shall 

12 count only the cash available or accessible to the indi13 vidual. 

14 (c) TIMING.— 

15 (1) APPLICATIONS.—An individual seeking 

16 emergency benefits under subsection (a) from a 

17 State shall submit an application to the State. 

18 (2) BENEFITS.—The State shall provide bene19 fits to an eligible applicant under paragraph (1) on 

20 an expedited basis, and not later than 7 days after 

21 the applicant submits an application under para22 graph (1). 

23 (d) CONFORMING AMENDMENT.—Section 404 of the 

24 Social Security Act (42 U.S.C. 604) is amended by adding 

25 at the end the following: 
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1 ‘‘(l) AUTHORITY TO PROVIDE EMERGENCY BENE2 FITS.—A State that receives a grant under section 403 

3 may use the grant to provide nonrecurrent short-term 

4 emergency benefits, in accordance with section 104 of the 

5 Security and Financial Empowerment Act, to individuals 

6 who take leave pursuant to section 102 of that Act, with7 out regard to whether the individuals receive assistance 

8 under the State program funded under this part.’’. 

9 SEC. 105. EFFECT ON OTHER LAWS AND EMPLOYMENT BEN10 EFITS. 

11 (a) MORE PROTECTIVE LAWS, AGREEMENTS, PRO12 GRAMS, AND PLANS.—Nothing in this title shall be con13 strued to supersede any provision of any Federal, State, 

14 or local law, collective bargaining agreement, or employ15 ment benefits program or plan that provides— 

16 (1) greater leave benefits for victims of domes17 tic or sexual violence than the rights established 

18 under this title; or 

19 (2) leave benefits for a larger population of vic20 tims of domestic or sexual violence (as defined in 

21 such law, agreement, program, or plan) than the vic22 tims of domestic or sexual violence covered under 

23 this title. 

24 (b) LESS PROTECTIVE LAWS, AGREEMENTS, PRO25 GRAMS, AND PLANS.—The rights established for victims 
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1 of domestic or sexual violence under this title shall not 

2 be diminished by any State or local law, collective bar3 gaining agreement, or employment benefits program or 

4 plan. 

5 SEC. 106. CONFORMING AMENDMENT. 

6 Section 1003(a)(1) of the Rehabilitation Act Amend7 ments of 1986 (42 U.S.C. 2000d–7(a)(1)) is amended by 

8 inserting ‘‘title I or III of the Security and Financial Em9 powerment Act,’’ before ‘‘or the provisions’’. 

10 SEC. 107. EFFECTIVE DATE. 

11 This title and the amendment made by this title take 

12 effect 180 days after the date of enactment of this Act. 

13 TITLE II—ENTITLEMENT TO UN14 EMPLOYMENT COMPENSA15 TION FOR VICTIMS OF DO16 MESTIC VIOLENCE, DATING 

17 VIOLENCE, SEXUAL ASSAULT, 

18 OR STALKING 

19 SEC. 201. PURPOSES. 

20 The purposes of this title are, pursuant to the affirm21 ative power of Congress to enact legislation under the por22 tions of section 8 of article I of the Constitution relating 

23 to laying and collecting taxes, providing for the general 

24 welfare, and regulation of commerce among the several 
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1 States, and under section 5 of the 14th amendment to 

2 the Constitution— 

3 (1) to promote the national interest in reducing 

4 domestic violence, dating violence, sexual assault, 

5 and stalking by enabling victims of domestic or sex6 ual violence to maintain the financial independence 

7 necessary to leave abusive situations, achieve safety, 

8 and minimize the physical and emotional injuries 

9 from domestic or sexual violence, and to reduce the 

10 devastating economic consequences of domestic or 

11 sexual violence to employers and employees; 

12 (2) to promote the national interest in ensuring 

13 that victims of domestic or sexual violence can re14 cover from and cope with the effects of such victim15 ization and participate in the criminal and civil jus16 tice processes without fear of adverse economic con17 sequences; 

18 (3) to minimize the negative impact on inter19 state commerce from dislocations of employees and 

20 harmful effects on productivity, loss of employment, 

21 health care costs, and employer costs, caused by do22 mestic or sexual violence including intentional efforts 

23 to frustrate the ability of women to participate in 

24 employment and interstate commerce; 
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1 (4) to promote the purposes of the 14th amend2 ment to the Constitution by preventing sex-based 

3 discrimination and discrimination against victims of 

4 domestic and sexual violence in unemployment insur5 ance, by addressing the failure of existing laws to 

6 protect the employment rights of victims of domestic 

7 or sexual violence, by protecting their civil and eco8 nomic rights, and by furthering the equal oppor9 tunity of women for economic self-sufficiency and 

10 employment free from discrimination; and 

11 (5) to accomplish the purposes described in 

12 paragraphs (1) through (4) by providing unemploy13 ment insurance to those who are separated from 

14 their employment as a result of domestic or sexual 

15 violence, in a manner that accommodates the legiti16 mate interests of employers and protects the safety 

17 of all persons in the workplace. 

18 SEC. 202. UNEMPLOYMENT COMPENSATION AND TRAINING 

19 PROVISIONS. 

20 (a) UNEMPLOYMENT COMPENSATION.—Section 3304 

21 of the Internal Revenue Code of 1986 (relating to approval 

22 of State unemployment compensation laws) is amended— 

23 (1) in subsection (a)— 

24 (A) in paragraph (18), by striking ‘‘and’’ 

25 at the end; 
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1 (B) by redesignating paragraph (19) as 

2 paragraph (20); and 

3 (C) by inserting after paragraph (18) the 

4 following new paragraph: 

5 ‘‘(19) compensation shall not be denied where 

6 an individual is separated from employment due to 

7 circumstances resulting from the individual’s experi8 ence of domestic or sexual violence, nor shall States 

9 impose additional conditions that restrict the indi10 vidual’s eligibility for or receipt of benefits beyond 

11 those required of other individuals who are forced to 

12 leave their jobs or are deemed to have good cause 

13 for voluntarily separating from a job in the State; 

14 and’’; and 

15 (2) by adding at the end the following new sub16 section: 

17 ‘‘(g) CONSTRUCTION.—For purposes of subsection 

18 (a)(19)— 

19 ‘‘(1) DOCUMENTATION.—In determining eligi20 bility for compensation due to circumstances result21 ing from an individual’s experience of domestic or 

22 sexual violence— 

23 ‘‘(A) States shall adopt, or have adopted, 

24 by statute, regulation, or policy a list of forms 
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1 of documentation that may be presented to 

2 demonstrate eligibility, and 

3 ‘‘(B) presentation of any one of such forms 

4 of documentation shall be sufficient to dem5 onstrate eligibility, except that a State may re6 quire the presentation of a form of identifica7 tion in addition to the written statement of 

8 claimant described in paragraph (2)(G). 

9 ‘‘(2) LIST OF FORMS OF DOCUMENTATION.— 

10 The list referred to in paragraph (1)(A) shall include 

11 not less than 3 of the following forms of documenta12 tion: 

13 ‘‘(A) An order of protection or other docu14 mentation issued by a court. 

15 ‘‘(B) A police report or criminal charges 

16 documenting the domestic or sexual violence. 

17 ‘‘(C) Documentation that the perpetrator 

18 has been convicted of the offense of domestic or 

19 sexual violence. 

20 ‘‘(D) Medical documentation of the domes21 tic or sexual violence. 

22 ‘‘(E) Evidence of domestic or sexual vio23 lence from a counselor, social worker, health 

24 worker, or domestic violence shelter worker. 
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1 ‘‘(F) A written statement that the appli2 cant or the applicant’s minor child is a victim 

3 of domestic or sexual violence, provided by a so4 cial worker, member of the clergy, shelter work5 er, attorney at law, or other professional who 

6 has assisted the applicant in dealing with the 

7 domestic or sexual violence. 

8 ‘‘(G) A written statement of the claimant. 

9 ‘‘(3) DOMESTIC OR SEXUAL VIOLENCE DE10 FINED.—The term ‘domestic or sexual violence’ has 

11 the meaning given such term in section 3 of the Se12 curity and Financial Empowerment Act.’’. 

13 (b) UNEMPLOYMENT COMPENSATION PERSONNEL

14 TRAINING.—Section 303(a) of the Social Security Act (42 

15 U.S.C. 503(a)) is amended— 

16 (1) by redesignating paragraphs (4) through 

17 (10) as paragraphs (5) through (11), respectively; 

18 and 

19 (2) by inserting after paragraph (3) the fol20 lowing new paragraph: 

21 ‘‘(4) Such methods of administration as will en22 sure that— 

23 ‘‘(A) applicants for unemployment com24 pensation and individuals inquiring about such 

25 compensation are adequately notified of the 
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1 provisions of subsections (a)(19) and (g) of sec2 tion 3304 of the Internal Revenue Code of 1986 

3 (relating to the availability of unemployment 

4 compensation for victims of domestic or sexual 

5 violence); and 

6 ‘‘(B) claims reviewers and hearing per7 sonnel are adequately trained in— 

8 ‘‘(i) the nature and dynamics of do9 mestic or sexual violence (as defined in 

10 section 3 of the Security and Financial 

11 Empowerment Act); and 

12 ‘‘(ii) methods of ascertaining and 

13 keeping confidential information about pos14 sible experiences of domestic or sexual vio15 lence (as so defined) to ensure that— 

16 ‘‘(I) requests for unemployment 

17 compensation based on separations 

18 stemming from such violence are reli19 ably screened, identified, and adju20 dicated; and 

21 ‘‘(II) full confidentiality is pro22 vided for the individual’s claim and 

23 submitted evidence; and’’. 

24 (c) EFFECTIVE DATE.— 
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1 (1) IN GENERAL.—Except as provided in para2 graph (2), the amendments made by this section 

3 shall apply in the case of compensation paid for 

4 weeks beginning on or after the expiration of 180 

5 days from the date of enactment of this Act. 

6 (2) EXTENSION OF EFFECTIVE DATE FOR

7 STATE LAW AMENDMENT.— 

8 (A) IN GENERAL.—If the Secretary of 

9 Labor identifies a State as requiring a change 

10 to its statutes, regulations, or policies in order 

11 to comply with the amendments made by this 

12 section, such amendments shall apply in the 

13 case of compensation paid for weeks beginning 

14 after the earlier of— 

15 (i) the date the State changes its stat16 utes, regulations, or policies in order to 

17 comply with such amendments; or 

18 (ii) the end of the first session of the 

19 State legislature which begins after the 

20 date of enactment of this Act or which 

21 began prior to such date and remained in 

22 session for at least 25 calendar days after 

23 such date; 
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1 except that in no case shall such amendments 

2 apply before the date that is 180 days after the 

3 date of enactment of this Act. 

4 (B) SESSION DEFINED.—In this para5 graph, the term ‘‘session’’ means a regular, spe6 cial, budget, or other session of a State legisla7 ture. 

8 (d) EFFECT ON EXISTING LAWS, ETC.— 

9 (1) MORE PROTECTIVE LAWS, AGREEMENTS, 

10 PROGRAMS, AND PLANS.—Nothing in this title shall 

11 be construed to supersede any provision of any Fed12 eral, State, or local law, collective bargaining agree13 ment, or employment benefits program or plan that 

14 provides greater unemployment insurance benefits 

15 for victims of domestic or sexual violence than the 

16 rights established under this title. 

17 (2) LESS PROTECTIVE LAWS, AGREEMENTS, 

18 PROGRAMS, AND PLANS.—The rights established for 

19 victims of domestic or sexual violence under this title 

20 shall not be diminished by any more restrictive State 

21 or local law, collective bargaining agreement, or em22 ployment benefits program or plan. 
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1 TITLE III—VICTIMS’

2 EMPLOYMENT SUSTAINABILITY 

3 SEC. 301. SHORT TITLE. 

4 This title may be cited as the ‘‘Victims’ Employment 

5 Sustainability Act’’. 

6 SEC. 302. PURPOSES. 

7 The purposes of this title are, pursuant to the affirm8 ative power of Congress to enact legislation under the por9 tions of section 8 of article I of the Constitution relating 

10 to providing for the general welfare and to regulation of 

11 commerce among the several States, and under section 5 

12 of the 14th amendment to the Constitution— 

13 (1) to promote the national interest in reducing 

14 domestic violence, dating violence, sexual assault, 

15 and stalking by enabling victims of domestic or sex16 ual violence to maintain the financial independence 

17 necessary to leave abusive situations, achieve safety, 

18 and minimize the physical and emotional injuries 

19 from domestic or sexual violence, and to reduce the 

20 devastating economic consequences of domestic or 

21 sexual violence to employers and employees; 

22 (2) to promote the national interest in ensuring 

23 that victims of domestic or sexual violence can re24 cover from and cope with the effects of such vio25 lence, and participate in criminal and civil justice 
47 

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1 processes, without fear of adverse economic con2 sequences from their employers; 

3 (3) to ensure that victims of domestic or sexual 

4 violence can recover from and cope with the effects 

5 of such violence, and participate in criminal and civil 

6 justice processes, without fear of adverse economic 

7 consequences with respect to public benefits; 

8 (4) to promote the purposes of the 14th amend9 ment to the Constitution by preventing sex-based 

10 discrimination and discrimination against victims of 

11 domestic and sexual violence in employment, by ad12 dressing the failure of existing laws to protect the 

13 employment rights of victims of domestic or sexual 

14 violence, by protecting the civil and economic rights 

15 of victims of domestic or sexual violence, and by fur16 thering the equal opportunity of women for economic 

17 self-sufficiency and employment free from discrimi18 nation; 

19 (5) to minimize the negative impact on inter20 state commerce from dislocations of employees and 

21 harmful effects on productivity, employment, health 

22 care costs, and employer costs, caused by domestic 

23 or sexual violence, including intentional efforts to 

24 frustrate women’s ability to participate in employ25 ment and interstate commerce; and 
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1 (6) to accomplish the purposes described in 

2 paragraphs (1) through (5) by prohibiting employers 

3 from discriminating against actual or perceived vic4 tims of domestic or sexual violence, in a manner that 

5 accommodates the legitimate interests of employers 

6 and protects the safety of all persons in the work7 place. 

8 SEC. 303. PROHIBITED DISCRIMINATORY ACTS. 

9 (a) IN GENERAL.—An employer shall not fail to hire, 

10 refuse to hire, discharge, or harass any individual, or oth11 erwise discriminate against any individual with respect to 

12 the compensation, terms, conditions, or privileges of em13 ployment of the individual (including retaliation in any 

14 form or manner), and a public agency shall not deny, re15 duce, or terminate the benefits of, otherwise sanction, or 

16 harass any individual, or otherwise discriminate against 

17 any individual with respect to the amount, terms, or condi18 tions of public assistance of the individual (including retal19 iation in any form or manner), because— 

20 (1) the individual involved— 

21 (A) is or is perceived to be a victim of do22 mestic or sexual violence; 

23 (B) attended, participated in, prepared for, 

24 or requested leave to attend, participate in, or 

25 prepare for, a criminal or civil court proceeding 
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1 relating to an incident of domestic or sexual vi2 olence of which the individual, or the family or 

3 household member of the individual, was a vic4 tim; or 

5 (C) requested an adjustment to a job 

6 structure, workplace facility, or work require7 ment, including a transfer, reassignment, or 

8 modified schedule, leave, a changed telephone 

9 number or seating assignment, installation of a 

10 lock, or implementation of a safety procedure, 

11 in response to actual or threatened domestic or 

12 sexual violence, regardless of whether the re13 quest was granted; or 

14 (2) the workplace is disrupted or threatened by 

15 the action of a person whom the individual states 

16 has committed or threatened to commit domestic or 

17 sexual violence against the individual, or the individ18 ual’s family or household member. 

19 (b) DEFINITIONS.—In this section: 

20 (1) DISCRIMINATE.—The term ‘‘discriminate’’, 

21 used with respect to the terms, conditions, or privi22 leges of employment or with respect to the terms or 

23 conditions of public assistance, includes not making 

24 a reasonable accommodation to the known limita25 tions of an otherwise qualified individual— 
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1 (A) who is a victim of domestic or sexual 

2 violence; 

3 (B) who is— 

4 (i) an applicant or employee of the 

5 employer (including a public agency); or 

6 (ii) an applicant for or recipient of 

7 public assistance from the public agency; 

8 and 

9 (C) whose limitations resulted from cir10 cumstances relating to being a victim of domes11 tic or sexual violence; 

12 unless the employer or public agency can dem13 onstrate that the accommodation would impose an 

14 undue hardship on the operation of the employer or 

15 public agency. 

16 (2) QUALIFIED INDIVIDUAL.—The term ‘‘quali17 fied individual’’ means— 

18 (A) in the case of an applicant or employee 

19 described in paragraph (1)(B)(i), an individual 

20 who, with or without reasonable accommoda21 tion, can perform the essential functions of the 

22 employment position that such individual holds 

23 or desires; or 

24 (B) in the case of an applicant or recipient 

25 described in paragraph (1)(B)(ii), an individual 
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1 who, with or without reasonable accommoda2 tion, can satisfy the essential requirements of 

3 the program providing the public assistance 

4 that the individual receives or desires. 

5 (3) REASONABLE ACCOMMODATION.—The term 

6 ‘‘reasonable accommodation’’ may include an adjust7 ment to a job structure, workplace facility, or work 

8 requirement, including a transfer, reassignment, or 

9 modified schedule, leave, a changed telephone num10 ber or seating assignment, installation of a lock, or 

11 implementation of a safety procedure, in response to 

12 actual or threatened domestic or sexual violence. 

13 (4) UNDUE HARDSHIP.— 

14 (A) IN GENERAL.—The term ‘‘undue hard15 ship’’ means an action requiring significant dif16 ficulty or expense, when considered in light of 

17 the factors set forth in subparagraph (B). 

18 (B) FACTORS TO BE CONSIDERED.—In de19 termining whether a reasonable accommodation 

20 would impose an undue hardship on the oper21 ation of an employer or public agency, factors 

22 to be considered include— 

23 (i) the nature and cost of the reason24 able accommodation needed under this sec25 tion; 
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1 (ii) the overall financial resources of 

2 the facility involved in the provision of the 

3 reasonable accommodation, the number of 

4 persons employed at such facility, the ef5 fect on expenses and resources, or the im6 pact otherwise of such accommodation on 

7 the operation of the facility; 

8 (iii) the overall financial resources of 

9 the employer or public agency, the overall 

10 size of the business of an employer or pub11 lic agency with respect to the number of 

12 employees of the employer or public agen13 cy, and the number, type, and location of 

14 the facilities of an employer or public agen15 cy; and 

16 (iv) the type of operation of the em17 ployer or public agency, including the com18 position, structure, and functions of the 

19 workforce of the employer or public agen20 cy, the geographic separateness of the fa21 cility from the employer or public agency, 

22 and the administrative or fiscal relation23 ship of the facility to the employer or pub24 lic agency. 
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1 SEC. 304. ENFORCEMENT. 

2 (a) CIVIL ACTION BY INDIVIDUALS.— 

3 (1) LIABILITY.—Any employer or public agency 

4 that violates section 303 shall be liable to any indi5 vidual affected for— 

6 (A) damages equal to the amount of 

7 wages, salary, employment benefits, public as8 sistance, or other compensation denied or lost 

9 to such individual by reason of the violation, 

10 and the interest on that amount calculated at 

11 the prevailing rate; 

12 (B) compensatory damages, including dam13 ages for future pecuniary losses, emotional 

14 pain, suffering, inconvenience, mental anguish, 

15 loss of enjoyment or life, and other nonpecu16 niary losses; 

17 (C) such punitive damages, up to 3 times 

18 the amount of actual damages sustained, as the 

19 court described in paragraph (2) shall deter20 mine to be appropriate; and 

21 (D) such equitable relief as may be appro22 priate, including employment, reinstatement, 

23 and promotion. 

24 (2) RIGHT OF ACTION.—An action to recover 

25 the damages or equitable relief prescribed in para26 graph (1) may be maintained against any employer 
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1 or public agency in any Federal or State court of 

2 competent jurisdiction by any 1 or more individuals 

3 described in section 303. 

4 (b) ACTION BY DEPARTMENT OF JUSTICE.—The At5 torney General may bring a civil action in any Federal 

6 or State court of competent jurisdiction to recover the 

7 damages or equitable relief described in subsection (a)(1). 

8 SEC. 305. ATTORNEY’S FEES. 

9 Section 722(b) of the Revised Statutes (42 U.S.C. 

10 1988(b)) is amended by inserting ‘‘the Victims’ Employ11 ment Sustainability Act,’’ after ‘‘title VI of the Civil 

12 Rights Act of 1964,’’. 

13 TITLE IV—VICTIMS OF ABUSE 

14 INSURANCE PROTECTION 

15 SEC. 401. SHORT TITLE. 

16 This title may be cited as the ‘‘Victims of Abuse In17 surance Protection Act’’. 

18 SEC. 402. DEFINITIONS. 

19 In this title: 

20 (1) ABUSE.—The term ‘‘abuse’’ means the oc21 currence of 1 or more of the following acts by a cur22 rent or former household or family member, intimate 

23 partner, or caretaker: 

24 (A) Attempting to cause or causing an25 other person bodily injury, physical harm, sub-
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1 stantial emotional distress, psychological trau2 ma, rape, sexual assault, or involuntary sexual 

3 intercourse. 

4 (B) Engaging in a course of conduct or re5 peatedly committing acts toward another per6 son, including following the person without 

7 proper authority and under circumstances that 

8 place the person in reasonable fear of bodily in9 jury or physical harm. 

10 (C) Subjecting another person to false im11 prisonment or kidnapping. 

12 (D) Attempting to cause or causing dam13 age to property so as to intimidate or attempt 

14 to control the behavior of another person. 

15 (2) HEALTH CARRIER.—The term ‘‘health car16 rier’’ means a person that contracts or offers to con17 tract on a risk-assuming basis to provide, deliver, ar18 range for, pay for, or reimburse any of the cost of 

19 health care services, including a sickness and acci20 dent insurance company, a health maintenance orga21 nization, a nonprofit hospital and health service cor22 poration or any other entity providing a plan of 

23 health insurance, health benefits, or health services. 

24 (3) INSURED.—The term ‘‘insured’’ means a 

25 party named on a policy, certificate, or health ben-
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1 efit plan, including an individual, corporation, part2 nership, association, unincorporated organization, or 

3 any similar entity, as the person with legal rights to 

4 the benefits provided by the policy, certificate, or 

5 health benefit plan. For group insurance, such term 

6 includes a person who is a beneficiary covered by a 

7 group policy, certificate, or health benefit plan. For 

8 life insurance, the term refers to the person whose 

9 life is covered under an insurance policy. 

10 (4) INSURER.—The term ‘‘insurer’’ means any 

11 person, reciprocal exchange, inter insurer, Lloyds in12 surer, fraternal benefit society, or other legal entity 

13 engaged in the business of insurance, including 

14 agents, brokers, adjusters, and third-party adminis15 trators; and employers who provide or make avail16 able employment benefits through an employee ben17 efit plan, as defined in section 3(3) of the Employee 

18 Retirement Income Security Act of 1974 (29 U.S.C. 

19 102(3)). The term also includes health carriers, 

20 health benefit plans, and life, disability, and prop21 erty and casualty insurers. 

22 (5) POLICY.—The term ‘‘policy’’ means a con23 tract of insurance, certificate, indemnity, suretyship, 

24 or annuity issued, proposed for issuance or intended 
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1 for issuance by an insurer, including endorsements 

2 or riders to an insurance policy or contract. 

3 (6) SUBJECT OF ABUSE.—The term ‘‘subject of 

4 abuse’’ means— 

5 (A) a person against whom an act of abuse 

6 has been directed; 

7 (B) a person who has prior or current in8 juries, illnesses, or disorders that resulted from 

9 abuse; or 

10 (C) a person who seeks, may have sought, 

11 or had reason to seek medical or psychological 

12 treatment for abuse, protection, court-ordered 

13 protection, or shelter from abuse. 

14 SEC. 403. DISCRIMINATORY ACTS PROHIBITED. 

15 (a) IN GENERAL.—No insurer may, directly or indi16 rectly, engage in any of the following acts or practices on 

17 the basis that an applicant for insurance or insured is, 

18 has been, or may be the subject of abuse: 

19 (1) Denying, refusing to issue, renew or reissue, 

20 or canceling or otherwise terminating an insurance 

21 policy or health benefit plan. 

22 (2) Restricting, excluding, or limiting insurance 

23 coverage for losses or denying a claim, except as oth24 erwise permitted or required by State laws relating 

25 to life insurance beneficiaries. 
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1 (3) Adding a premium differential to any insur2 ance policy or health benefit plan. 

3 (b) PROHIBITION ON LIMITATION OF CLAIMS.—No 

4 insurer may, directly or indirectly, deny or limit payment 

5 of a claim arising out of abuse to an innocent insured 

6 under a property and casualty policy or insurance contract 

7 if the loss is caused by the intentional act of an insured. 

8 (c) USE OF INFORMATION.— 

9 (1) LIMITATION.— 

10 (A) IN GENERAL.—In order to protect the 

11 safety and privacy of subjects of abuse, no per12 son employed by or contracting with an insurer 

13 may— 

14 (i) use, disclose, or transfer informa15 tion relating to abuse status or acts of 

16 abuse for any purpose unrelated to the di17 rect provision of health care services unless 

18 such use, disclosure, or transfer is required 

19 by an order of an entity with authority to 

20 regulate insurance or an order of a court 

21 of competent jurisdiction; or 

22 (ii) disclose or transfer information 

23 relating to an address or telephone number 

24 of an applicant for insurance or an insured 

25 or to the address and telephone number of 
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1 a shelter for subjects of abuse, unless such 

2 disclosure or transfer— 

3 (I) is required in order to provide 

4 insurance coverage; and 

5 (II) does not have the potential 

6 to endanger the safety of a subject of 

7 abuse. 

8 (B) RULE OF CONSTRUCTION.—Nothing in 

9 this paragraph may be construed to limit or 

10 preclude a subject of abuse from obtaining the 

11 subject’s own insurance records from an in12 surer. 

13 (2) AUTHORITY OF SUBJECT OF ABUSE.—A 

14 subject of abuse, at the absolute discretion of the 

15 subject of abuse, may provide evidence of abuse to 

16 an insurer for the limited purpose of facilitating 

17 treatment of an abuse-related condition or dem18 onstrating that a condition is abuse-related. Nothing 

19 in this paragraph shall be construed as authorizing 

20 an insurer or health carrier to disregard such pro21 vided evidence. 

22 SEC. 404. INSURANCE PROTOCOLS FOR SUBJECTS OF 

23 ABUSE. 

24 Insurers shall develop and comply with written poli25 cies specifying procedures to be followed by employees, 
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1 contractors, producers, agents, and brokers for the pur2 pose of protecting the safety and privacy of a subject of 

3 abuse and otherwise implementing this title when taking 

4 an application, investigating a claim, or taking any other 

5 action relating to a policy or claim involving a subject of 

6 abuse. 

7 SEC. 405. REASONS FOR ADVERSE ACTIONS. 

8 An insurer that takes an action that adversely affects 

9 a subject of abuse, shall advise the subject of abuse appli10 cant or insured of the specific reasons for the action in 

11 writing. For purposes of this section, reference to general 

12 underwriting practices or guidelines shall not constitute 

13 a specific reason. 

14 SEC. 406. LIFE INSURANCE. 

15 Nothing in this title shall be construed to prohibit 

16 a life insurer from declining to issue a life insurance policy 

17 if the applicant or prospective owner of the policy is or 

18 would be designated as a beneficiary of the policy, and 

19 if— 

20 (1) the applicant or prospective owner of the 

21 policy lacks an insurable interest in the insured; or 

22 (2) the applicant or prospective owner of the 

23 policy is known, on the basis of police or court 

24 records, to have committed an act of abuse against 

25 the proposed insured. 
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1 SEC. 407. SUBROGATION WITHOUT CONSENT PROHIBITED. 

2 Subrogation of claims resulting from abuse is prohib3 ited without the informed consent of the subject of abuse. 

4 SEC. 408. ENFORCEMENT. 

5 (a) FEDERAL TRADE COMMISSION.— 

6 (1) IN GENERAL.—The Federal Trade Commis7 sion shall have the power to examine and investigate 

8 any insurer to determine whether such insurer has 

9 been or is engaged in any act or practice prohibited 

10 by this title. 

11 (2) CEASE AND DESIST ORDERS.—If the Fed12 eral Trade Commission determines an insurer has 

13 been or is engaged in any act or practice prohibited 

14 by this title, the Commission may take action 

15 against such insurer by the issuance of a cease and 

16 desist order as if the insurer was in violation of sec17 tion 5 of the Federal Trade Commission Act. Such 

18 cease and desist order may include any individual re19 lief warranted under the circumstances, including 

20 temporary, preliminary, and permanent injunctive 

21 and compensatory relief. 

22 (b) PRIVATE CAUSE OF ACTION.— 

23 (1) IN GENERAL.—An applicant or insured who 

24 believes that the applicant or insured has been ad25 versely affected by an act or practice of an insurer 

26 in violation of this title may maintain an action 
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1 against the insurer in a Federal or State court of 

2 original jurisdiction. 

3 (2) RELIEF.—Upon proof of such conduct by a 

4 preponderance of the evidence in an action described 

5 in paragraph (1), the court may award appropriate 

6 relief, including temporary, preliminary, and perma7 nent injunctive relief and compensatory and punitive 

8 damages, as well as the costs of suit and reasonable 

9 fees for the aggrieved individual’s attorneys and ex10 pert witnesses. 

11 (3) STATUTORY DAMAGES.—With respect to 

12 compensatory damages in an action described in 

13 paragraph (1), the aggrieved individual may elect, at 

14 any time prior to the rendering of final judgment, to 

15 recover in lieu of actual damages, an award of statu16 tory damages in the amount of $5,000 for each vio17 lation. 

18 SEC. 409. EFFECTIVE DATE. 

19 This title shall apply with respect to any action taken 

20 on or after the date of enactment of this Act. 
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1 TITLE V—NATIONAL CLEARING2 HOUSE ON DOMESTIC AND 

3 SEXUAL VIOLENCE IN THE 

4 WORKPLACE GRANT 

5 SEC. 501. NATIONAL CLEARINGHOUSE ON DOMESTIC AND 

6 SEXUAL VIOLENCE IN THE WORKPLACE 

7 GRANT. 

8 (a) AUTHORITY.—The Attorney General may award 

9 a grant in accordance with this section to a private, non10 profit entity or tribal organization that meets the require11 ments of subsection (b), in order to provide for the estab12 lishment and operation of a national clearinghouse and re13 source center to provide information and assistance to em14 ployers, labor organizations, and advocates on behalf of 

15 victims of domestic or sexual violence, in their efforts to 

16 develop and implement appropriate responses to assist 

17 those victims. 

18 (b) GRANTEES.—Each applicant for a grant under 

19 this section shall submit to the Attorney General an appli20 cation, which shall— 

21 (1) demonstrate that the applicant— 

22 (A) has a nationally recognized expertise in 

23 the area of domestic violence, dating violence, 

24 sexual assault, and stalking, and a record of 

25 commitment and quality responses to reduce 
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1 domestic violence, dating violence, sexual as2 sault, and stalking; and 

3 (B) will provide matching funds from non4 Federal sources in an amount equal to not less 

5 than 10 percent of the total amount of the 

6 grant awarded under this section; and 

7 (2) include a plan to maximize, to the extent 

8 practicable, outreach to employers (including private 

9 companies, as well as public entities such as univer10 sities, and State and local governments) in devel11 oping and implementing appropriate responses to as12 sist employees who are victims of domestic or sexual 

13 violence. 

14 (c) USE OF GRANT AMOUNT.—A grant under this 

15 section may be used for staff salaries, travel expenses, 

16 equipment, printing, and other reasonable expenses nec17 essary to assemble, maintain, and disseminate to employ18 ers, labor organizations, and advocates described in sub19 section (a), information on and appropriate responses to 

20 domestic violence, dating violence, sexual assault, and 

21 stalking, including— 

22 (1) training to promote a better understanding 

23 of appropriate assistance to employee victims; 

24 (2) conferences and other educational opportu25 nities; 
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1 (3) development of protocols and model work2 place policies; 

3 (4) employer- and union-sponsored victim serv4 ices and outreach counseling; and 

5 (5) assessments of the workplace costs of do6 mestic violence, dating violence, sexual assault, and 

7 stalking. 

8 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to carry out this section 

10 $500,000 for each of fiscal years 2004 through 2008. 

11 TITLE VI—SEVERABILITY 

12 SEC. 601. SEVERABILITY. 

13 If any provision of this Act, any amendment made 

14 by this Act, or the application of such provision or amend15 ment to any person or circumstance is held to be unconsti16 tutional, the remainder of the provisions of this Act, the 

17 amendments made by this Act, and the application of such 

18 provisions or amendments to any person or circumstance 

19 shall not be affected. 

Æ