II 

111TH CONGRESS 

1ST SESSION S. 1740 

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

dating violence, sexual assault, or stalking, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 1, 2009 

Mrs. MURRAY (for herself, Mr. BROWN, and Mr. DODD) introduced the following bill; which was read twice and referred to the Committee on 

Health, Education, Labor, and Pensions 

A BILL 

To promote the economic security and safety of victims of 

domestic violence, dating violence, sexual assault, or 

stalking, 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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Security and Financial Empowerment (SAFE) Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 


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Sec. 3. Definitions. 

TITLE I—ENTITLEMENT TO EMERGENCY LEAVE FOR ADDRESSING DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING 

Sec. 101. Purposes. 

Sec. 102. Entitlement to emergency leave for addressing domestic violence, dating violence, sexual assault, or stalking. 

Sec. 103. Existing leave usable for addressing domestic violence, dating violence, sexual assault, or stalking. 

Sec. 104. Emergency benefits. 

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

Sec. 106. Regulations. 

Sec. 107. Conforming amendment. 

Sec. 108. 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. 

Sec. 306. Regulations. 

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—SEVERABILITY 

Sec. 501. Severability. 

1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) Domestic violence, dating violence, sexual 

4 assault, and stalking are widespread in the United 


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1 States, affecting individuals of virtually every racial, 

2 ethnic, age, and socioeconomic group. Women are 

3 disproportionately the victims of such forms of vio4 lence, as nearly 1 in 4 female victims of violent 

5 crime (23 percent) were victimized by an intimate 

6 partner. 

7 (2) A recent Department of Justice study re8 ports that 85 percent of victims of domestic violence 

9 are female, while 15 percent of victims are male. 

10 One out of every 4 women will experience domestic 

11 or dating violence in their lifetime. 

12 (3) Nearly 7,800,000 women in the United 

13 States have been raped by an intimate partner at 

14 some point in their lives. A new study by the De15 partment of Justice found that 64 percent of rapes 

16 and sexual assaults experienced by female victims 

17 were committed by non-strangers such as intimate 

18 partners, friends, or family members. 

19 (4) According to a recent Government report, 

20 there were 248,300 rapes and sexual assaults in the 

21 United States in 2007, up from 190,600 in 2005, 

22 with 90 percent of the rapes perpetrated against fe23 male victims. 

24 (5) One in every 12 women and 1 in every 45 

25 men have been stalked in their lifetime. A new study 


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1 by the Department of Justice indicates 5,800,000 

2 Americans were victims of stalking and harassment 

3 in 2006, and that nearly 3 out of every 4 victims 

4 surveyed knew their offender in some capacity. 

5 Stalking victims most often identified the stalker as 

6 a former intimate (21.5 percent), or a friend, room7 mate, or neighbor (16.4 percent). 

8 (6) A recent Department of Justice study con9 cluded that violence against women occurred more 

10 often in disadvantaged neighborhoods, and that 

11 women in disadvantaged neighborhoods were twice 

12 as likely to be victims of domestic violence than 

13 those in more financially secure neighborhoods. The 

14 rate of severe violence experienced by women in dis15 advantaged neighborhoods is 3 times that of women 

16 who experience violence in nondisadvantaged neigh17 borhoods. 

18 (7) According to the National Institute of Jus19 tice, crime accounts for an estimated 

20 $450,000,000,000 each year in medical expenses, 

21 lost earnings, social service costs, pain, suffering, 

22 and reduced quality of life for victims, which harms 

23 the Nation’s productivity and drains the Nation’s re24 sources. Of this amount, violent crime accounts for 

25 $426,000,000,000 per year. 


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1 (8) Rape exacts the highest costs per victim of 

2 any criminal offense, accounting for 

3 $127,000,000,000 per year in related costs. 

4 (9) Violent crime results in wage losses equiva5 lent to 1 percent of all United States earnings, and 

6 causes 3 percent of the Nation’s medical spending 

7 and 14 percent of the Nation’s injury-related med8 ical spending. 

9 (10) Homicide is a leading cause of death for 

10 women on the job. Husbands, boyfriends, and ex11 partners commit 15 percent of workplace homicides 

12 against women. 

13 (11) Female murder victims are substantially 

14 more likely than male murder victims to have been 

killed by an intimate partner. About 1 15 ⁄3 of female 

16 murder victims, and about 4 percent of male murder 

17 victims, were killed by an intimate partner. 

18 (12) Sixty-one percent of senior executives re19 cently surveyed said domestic violence has a harmful 

20 effect on their company’s productivity, 70 percent 

21 said domestic violence negatively affects attendance, 

22 and 55 percent said domestic violence increases 

23 health care costs. 

24 (13) Seventy-eight percent of human resources 

25 professionals consider partner violence a workplace 


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1 issue. However, more than 70 percent of United 

2 States workplaces have no formal program or policy 

3 that addresses workplace violence, let alone domestic 

4 violence. In fact, only 4 percent of employers pro5 vided training on domestic violence. 

6 (14) Ninety-four percent of corporate security 

7 and safety directors at companies nationwide rank 

8 domestic violence as a high security concern. 

9 (15) The Bureau of National Affairs has esti10 mated that domestic violence costs United States 

11 employers between $3,000,000,000 and 

12 $5,000,000,000 annually in lost time and produc13 tivity, while other reports have estimated the cost at 

14 between $5,800,000,000 and $13,000,000,000 annu15 ally. 

16 (16) Medical costs in the United States for do17 mestic violence have been estimated to be 

18 $31,000,000,000 per year. The medical cost associ19 ated with each incident of domestic violence ranges 

20 from $387 to $948, including costs of health care 

21 and mental health services. 

22 (17) A study released in 2007 calculated that 

23 violence cost the United States $70,000,000,000 an24 nually, with $64,400,000,000 in lost productivity 

25 and $5,600,000,000 spent on medical care. AnnuVerDate Nov 24 2008 04:36 Oct 02, 2009 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1740.IS S1740

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1 ally, intimate partner violence costs the United 

2 States $33,000,000,000 in lost productivity and 

3 $4,000,000,000 for medical treatment. 

4 (18) Employees in the United States who have 

5 been victims of domestic violence, dating violence, 

6 sexual assault, or stalking too often suffer adverse 

7 consequences in the workplace as a result of their 

8 victimization. 

9 (19) Studies indicate that one of the best pre10 dictors 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 impact 

14 a victim’s ability to maintain employment. 

15 (20) Women who have experienced domestic vi16 olence or dating violence are more likely than other 

17 women to be unemployed, to suffer from health 

18 problems that can affect employability and job per19 formance, to report lower personal income, and to 

20 rely on welfare. 

21 (21) Victims of domestic violence also fre22 quently miss work due to injuries, court dates, and 

23 safety concerns that require legal protections. Vic24 tims of intimate partner violence lose 8,000,000 

25 days of paid work each year, the equivalent of over 


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1 32,000 full-time jobs and 5,600,000 days of house2 hold productivity. 

3 (22) Victims of domestic violence, dating vio4 lence, sexual assault, and stalking are particularly 

5 vulnerable to changes in employment, pay, and bene6 fits, and as a result of their desperate need for eco7 nomic stability, are in particular need of legal pro8 tection. 

9 (23) According to a 2007 report by the Journal 

10 of Interpersonal Violence and a recent study in Or11 egon, between 15.2 and 27.6 percent of women sur12 veyed lost a job because of abuse. 

13 (24) Domestic violence also affects abusers’ 

14 ability to work. Recent studies in Maine and Oregon 

15 indicate that between 48 and 57 percent of abusers 

16 reported having difficulty concentrating at work, and 

17 between 42 percent and 51.8 percent of offenders 

18 were either late or missed work entirely because of 

19 their abusive behavior. 

20 (25) Abusers frequently seek to exert financial 

21 control over their partners by actively interfering 

22 with their ability to work, including preventing their 

23 partners from going to work, harassing their part24 ners at work, limiting the access of their partners to 


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1 cash or transportation, and sabotaging the child care 

2 arrangements of their partners. 

3 (26) Abusers often harass their victims at work 

4 because it is an easy way to access them. A recent 

5 study by the Journal of Interpersonal Violence 

6 shows that between 56 and 88 percent of surveyed 

7 women experienced on-the-job harassment by their 

8 abusive partner. 

9 (27) Stalkers harass and terrorize their victims 

10 by spying on them, standing outside their places of 

11 work or homes, making unwanted phone calls, send12 ing or leaving unwanted letters or items, or vandal13 izing property. 

14 (28) A new study by the Department of Justice 

15 reveals that of the 79 percent of stalking victims 

16 who were employed, 1 in 8 lost time from work. 

17 More than half of those victims surveyed lost 5 or 

18 more days from work and 130,000 victims reported 

19 that they had been fired from or asked to leave their 

20 jobs due to stalking. 

21 (29) The prevalence of sexual assault and other 

22 violence against women at work is also dramatic, as 

23 approximately 29,000 women are raped or sexually 

24 assaulted in the workplace each year. 


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1 (30) 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. An estimated 24 to 30 percent of abused 

8 working women lose their jobs due to their abuse. 

9 (31) Domestic and sexual violence victims have 

10 been subjected to discrimination by private and 

11 State employers, including discrimination motivated 

12 by gender and stereotypical notions regarding 

13 women. 

14 (32) Domestic violence victims and third parties 

15 who help them have been subjected to discriminatory 

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

17 casualty insurers, as well as employers who self-in18 sure employee benefits, who have denied or canceled 

19 coverage, rejected claims, and raised rates based on 

20 domestic violence. Although some State legislatures 

21 have tried to address such practices, the scope of 

22 protection afforded by the laws adopted varies in 

23 each State, with many States failing to address the 

24 problem comprehensively. Moreover, Federal law 

25 prevents States from protecting the almost 40 perVerDate Nov 24 2008 04:36 Oct 02, 2009 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1740.IS S1740

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1 cent of employees whose employers self-insure em2 ployee benefits. 

3 (33) With the exception of Illinois, no States 

4 prohibit employment discrimination against all vic5 tims of domestic violence, sexual assault, or stalking. 

6 (34) Employees, including individuals partici7 pating in welfare-to-work programs, may need to 

8 take time during business hours to— 

9 (A) obtain orders of protection; 

10 (B) seek medical or legal assistance, coun11 seling, or other services; and 

12 (C) look for housing in order to escape 

13 from domestic violence. 

14 (35) Only 12 States provide domestic violence 

15 victims with leave from work to go to court, to see 

16 a doctor, or to take other steps to address the do17 mestic violence in their lives. 

18 (36) Only 29 States and the District of Colum19 bia have laws that explicitly provide unemployment 

20 insurance to domestic violence victims in certain cir21 cumstances, and none of the laws explicitly cover vic22 tims of sexual assault or stalking. 

23 (37) Existing Federal law does not explicitly— 

24 (A) authorize victims of domestic violence, 

25 dating violence, sexual assault, or stalking to 


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1 take leave from work to seek legal assistance 

2 and redress, counseling, or assistance with safe3 ty planning activities; 

4 (B) address the eligibility of victims of do5 mestic violence, dating violence, sexual assault, 

6 or stalking for unemployment compensation; 

7 (C) prohibit employment discrimination 

8 against actual or perceived victims of domestic 

9 violence, dating violence, sexual assault, or 

10 stalking; 

11 (D) prohibit insurers and employers who 

12 self-insure employee benefits from discrimi13 nating against domestic violence victims and 

14 those who help them in determining eligibility, 

15 rates charged, and standards for payment of 

16 claims; or 

17 (E) prohibit insurers from disclosing infor18 mation about abuse and the location of the vic19 tims through insurance databases and other 

20 means. 

21 SEC. 3. DEFINITIONS. 

22 In this Act, except as otherwise expressly provided: 

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

24 ‘‘industry or activity affecting commerce’’ have the 

25 meanings given the terms in section 101 of the 


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

2 2611). 

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

4 of conduct’’ means a course of repeatedly maintain5 ing a visual or physical proximity to a person or con6 veying verbal or written threats, including threats 

7 conveyed through electronic communications, or 

8 threats implied by conduct. 

9 (3) DATING VIOLENCE.—The term ‘‘dating vio10 lence’’ has the meaning given the term in section 

11 40002 of the Violence Against Women Act of 1994 

12 (42 U.S.C. 13925). 

13 (4) DOMESTIC VIOLENCE.—The term ‘‘domestic 

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

15 40002 of the Violence Against Women Act of 1994 

16 (42 U.S.C. 13925). 

17 (5) DOMESTIC VIOLENCE COALITION.—The 

18 term ‘‘domestic violence coalition’’ means a non19 profit, nongovernmental membership organization 

20 that— 

21 (A) consists of the entities carrying out a 

22 majority of the domestic violence programs car23 ried out within a State; 

24 (B) collaborates and coordinates activities 

25 with Federal, State, and local entities to further 


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1 the purposes of domestic violence intervention 

2 and prevention; and 

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

5 out domestic violence programs within a State, 

6 territory, political subdivision, or area under 

7 Federal authority. 

8 (6) ELECTRONIC COMMUNICATIONS.—The term 

9 ‘‘electronic communications’’ includes communica10 tions via telephone (including mobile phone), com11 puter, e-mail, video recorder, fax machine, telex, or 

12 pager. 

13 (7) EMPLOY; STATE.—The terms ‘‘employ’’ and 

14 ‘‘State’’ have the meanings given the terms in sec15 tion 3 of the Fair Labor Standards Act of 1938 (29 

16 U.S.C. 203). 

17 (8) EMPLOYEE.— 

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

19 means any person employed by an employer. In 

20 the case of an individual employed by a public 

21 agency, such term means an individual em22 ployed as described in section 3(e)(2) of the 

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

24 203(e)(2)). 


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

2 employed as described in subparagraph (A) on 

3 a full-time or part-time basis, for a fixed time 

4 period, on a temporary basis, pursuant to a de5 tail, or as a participant in a work assignment 

6 as a condition of receipt of Federal or State in7 come-based public assistance. 

8 (9) EMPLOYER.—The term ‘‘employer’’— 

9 (A) means any person engaged in com10 merce or in any industry or activity affecting 

11 commerce who employs 15 or more individuals; 

12 and 

13 (B) includes any person acting directly or 

14 indirectly in the interest of an employer in rela15 tion to an employee, and includes a public agen16 cy that employs individuals as described in sec17 tion 3(e)(2) of the Fair Labor Standards Act of 

18 1938, but does not include any labor organiza19 tion (other than when acting as an employer) or 

20 anyone acting in the capacity of officer or agent 

21 of such labor organization. 

22 (10) EMPLOYMENT BENEFITS.—The term ‘‘em23 ployment benefits’’ means all benefits provided or 

24 made available to employees by an employer, includ25 ing group life insurance, health insurance, disability 


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1 insurance, sick leave, annual leave, educational bene2 fits, and pensions, regardless of whether such bene3 fits are provided by a practice or written policy of 

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

5 as defined in section 3(3) of the Employee Retire6 ment Income Security Act of 1974 (29 U.S.C. 

7 1002(3)). 

8 (11) FAMILY OR HOUSEHOLD MEMBER.—The 

9 term ‘‘family or household member’’, used with re10 spect to a person, means a nonabusive individual 

11 who is a spouse, former spouse, parent, son or 

12 daughter, or person residing or formerly residing in 

13 the same dwelling unit as the person. 

14 (12) PARENT; SON OR DAUGHTER.—The terms 

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

16 given the terms in section 101 of the Family and 

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

18 (13) PERSON.—The term ‘‘person’’ has the 

19 meaning given the term in section 3 of the Fair 

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

21 (14) PUBLIC AGENCY.—The term ‘‘public agen22 cy’’ has the meaning given the term in section 3 of 

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

24 203). 


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1 (15) 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 (16) 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 (17) REPEATEDLY.—The term ‘‘repeatedly’’ 

10 means on 2 or more occasions. 

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

12 means the Secretary of Labor. 

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

15 40002 of the Violence Against Women Act of 1994 

16 (42 U.S.C. 13925). 

17 (20) 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 (21) STALKING.—The term ‘‘stalking’’ has the 

9 meaning given the term in section 40002 of the Vio10 lence Against Women Act of 1994 (42 U.S.C. 

11 13925). 

12 (22) VICTIM OF DOMESTIC VIOLENCE, DATING

13 VIOLENCE, SEXUAL ASSAULT, OR STALKING.—The 

14 term ‘‘victim of domestic violence, dating violence, 

15 sexual assault, or stalking’’ includes a person who 

16 has been a victim of domestic violence, dating vio17 lence, sexual assault, or stalking and a person whose 

18 family or household member has been a victim of do19 mestic violence, dating violence, sexual assault, or 

20 stalking. 

21 (23) VICTIM SERVICES ORGANIZATION.—The 

22 term ‘‘victim services organization’’ means a non23 profit, nongovernmental organization that provides 

24 assistance to victims of domestic violence, dating vio25 lence, sexual assault, or stalking, or to advocates for 


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1 such victims, including a rape crisis center, an orga2 nization carrying out a domestic violence program, 

3 an organization operating a shelter or providing 

4 counseling services, or an organization providing as5 sistance through the legal process. 

6 TITLE I—ENTITLEMENT TO 

7 EMERGENCY LEAVE FOR AD8 DRESSING DOMESTIC VIO9 LENCE, DATING VIOLENCE, 

10 SEXUAL ASSAULT, OR STALK11 ING 

12 SEC. 101. PURPOSES. 

13 The purposes of this title are, pursuant to the affirm14 ative power of Congress to enact legislation under the por15 tions of section 8 of article I of the Constitution relating 

16 to providing for the general welfare and to regulation of 

17 commerce among the several States, and under section 5 

18 of the 14th amendment to the Constitution— 

19 (1) to promote the national interest in reducing 

20 domestic violence, dating violence, sexual assault, 

21 and stalking by enabling victims of domestic vio22 lence, dating violence, sexual assault, or stalking to 

23 maintain the financial independence necessary to 

24 leave abusive situations, achieve safety, and mini25 mize the physical and emotional injuries from doVerDate Nov 24 2008 04:36 Oct 02, 2009 Jkt 089200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S1740.IS S1740

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1 mestic violence, dating violence, sexual assault, or 

2 stalking, and to reduce the devastating economic 

3 consequences of domestic violence, dating violence, 

4 sexual assault, or stalking to employers and employ5 ees; 

6 (2) to promote the national interest in ensuring 

7 that victims of domestic violence, dating violence, 

8 sexual assault, or stalking can recover from and cope 

9 with the effects of domestic violence, dating violence, 

10 sexual assault, or stalking, and participate in crimi11 nal and civil justice processes, without fear of ad12 verse economic consequences from their employers; 

13 (3) to ensure that victims of domestic violence, 

14 dating violence, sexual assault, or stalking can re15 cover from and cope with the effects of domestic vio16 lence, dating violence, sexual assault, or stalking, 

17 and participate in criminal and civil justice proc18 esses, without fear of adverse economic consequences 

19 with respect to public benefits; 

20 (4) to promote the purposes of the 14th amend21 ment by preventing sex-based discrimination and 

22 discrimination against victims of domestic violence, 

23 dating violence, sexual assault, or stalking in em24 ployment leave, by addressing the failure of existing 

25 laws to protect the employment rights of victims of 


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1 domestic violence, dating violence, sexual assault, or 

2 stalking, by protecting their civil and economic 

3 rights, and by furthering the equal opportunity of 

4 women for economic self-sufficiency and employment 

5 free from discrimination; 

6 (5) to minimize the negative impact on inter7 state commerce from dislocations of employees and 

8 harmful effects on productivity, employment, health 

9 care costs, and employer costs, caused by domestic 

10 violence, dating violence, sexual assault, or stalking, 

11 including intentional efforts to frustrate women’s 

12 ability to participate in employment and interstate 

13 commerce; 

14 (6) to further the goals of human rights and 

15 dignity reflected in instruments such as the Charter 

16 of the United Nations, the Universal Declaration of 

17 Human Rights, and the International Covenant on 

18 Civil and Political Rights; and 

19 (7) to accomplish the purposes described in 

20 paragraphs (1) through (6) by— 

21 (A) entitling victims of domestic violence, 

22 dating violence, sexual assault, or stalking to 

23 take leave from their employment to seek med24 ical help, legal assistance, counseling, safety 


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1 planning, and other assistance without penalty 

2 from their employers; and 

3 (B) prohibiting employers from discrimi4 nating against actual or perceived victims of do5 mestic violence, dating violence, sexual assault, 

6 or stalking, in a manner that accommodates the 

7 legitimate interests of employers and protects 

8 the safety of all persons in the workplace. 

9 SEC. 102. ENTITLEMENT TO EMERGENCY LEAVE FOR AD10 DRESSING DOMESTIC VIOLENCE, DATING VI11 OLENCE, SEXUAL ASSAULT, OR STALKING. 

12 (a) LEAVE REQUIREMENT.— 

13 (1) BASIS.—An employee who is a victim of do14 mestic violence, dating violence, sexual assault, or 

15 stalking may take leave from work to address do16 mestic violence, dating violence, sexual assault, or 

17 stalking, by— 

18 (A) seeking medical attention for, or recov19 ering from, physical or psychological injuries 

20 caused by domestic violence, dating violence, 

21 sexual assault, or stalking to the employee or 

22 the employee’s family or household member; 

23 (B) obtaining services from a victim serv24 ices organization for the employee or the em25 ployee’s family or household member; 


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1 (C) obtaining psychological or other coun2 seling for the employee or the employee’s family 

3 or household member; 

4 (D) participating in safety planning, tem5 porarily or permanently relocating, or taking 

6 other actions to increase the safety of the em7 ployee or the employee’s family or household 

8 member from future domestic violence, dating 

9 violence, sexual assault, or stalking or ensure 

10 economic security; or 

11 (E) seeking legal assistance or remedies to 

12 ensure the health and safety of the employee or 

13 the employee’s family or household member, in14 cluding preparing for or participating in any 

15 civil or criminal legal proceeding related to or 

16 derived from domestic violence, dating violence, 

17 sexual assault, or stalking. 

18 (2) PERIOD.—An employee may take not more 

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

20 in any 12-month period. 

21 (3) SCHEDULE.—Leave described in paragraph 

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

23 leave schedule. 

24 (b) NOTICE.—The employee shall provide the em25 ployer with reasonable notice of the employee’s intention 


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1 to take the leave, unless providing such notice is not prac2 ticable. 

3 (c) CERTIFICATION.— 

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

5 the employee to provide certification to the employer, 

6 within a reasonable period after the employer re7 quests the certification, that— 

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

9 or household member is a victim of domestic vi10 olence, dating violence, sexual assault, or stalk11 ing; and 

12 (B) the leave is for 1 of the purposes enu13 merated in subsection (a)(1). 

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

15 certification requirement of paragraph (1) by pro16 viding to the employer— 

17 (A) a sworn statement of the employee; 

18 (B) documentation from an employee, 

19 agent, or volunteer of a victim services organi20 zation, an attorney, a member of the clergy, or 

21 a medical or other professional, from whom the 

22 employee or the employee’s family or household 

23 member has sought assistance in addressing do24 mestic violence, dating violence, sexual assault, 


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1 or stalking and the effects of domestic violence, 

2 dating violence, sexual assault, or stalking; 

3 (C) a police or court record; or 

4 (D) other corroborating evidence. 

5 (d) CONFIDENTIALITY.—All information provided to 

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

7 a statement of the employee or any other documentation, 

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

9 employee has requested or obtained leave pursuant to this 

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

11 employer, except to the extent that disclosure is— 

12 (1) requested or consented to by the employee 

13 in writing; or 

14 (2) otherwise required by applicable Federal or 

15 State law. 

16 (e) EMPLOYMENT AND BENEFITS.— 

17 (1) RESTORATION TO POSITION.— 

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

19 paragraph (2), any employee who takes leave 

20 under this section for the intended purpose of 

21 the leave shall be entitled, on return from such 

22 leave— 

23 (i) to be restored by the employer to 

24 the position of employment held by the em25 ployee when the leave commenced; or 


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1 (ii) to be restored to an equivalent po2 sition with equivalent employment benefits, 

3 pay, and other terms and conditions of em4 ployment. 

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

6 leave under this section shall not result in the 

7 loss of any employment benefit accrued prior to 

8 the date on which the leave commenced. 

9 (C) LIMITATIONS.—Nothing in this sub10 section shall be construed to entitle any re11 stored employee to— 

12 (i) the accrual of any seniority or em13 ployment benefits during any period of 

14 leave; or 

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

16 employment other than any right, benefit, 

17 or position to which the employee would 

18 have been entitled had the employee not 

19 taken the leave. 

20 (D) CONSTRUCTION.—Nothing in this 

21 paragraph shall be construed to prohibit an em22 ployer from requiring an employee on leave 

23 under this section to report periodically to the 

24 employer on the status and intention of the em25 ployee to return to work. 


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1 (2) EXEMPTION CONCERNING CERTAIN HIGHLY

2 COMPENSATED EMPLOYEES.— 

3 (A) DENIAL OF RESTORATION.—An em4 ployer may deny restoration under paragraph 

5 (1) to any employee described in subparagraph 

6 (B) if— 

7 (i) such denial is necessary to prevent 

8 substantial and grievous economic injury to 

9 the operations of the employer; 

10 (ii) the employer notifies the employee 

11 of the intent of the employer to deny res12 toration on such basis at the time the em13 ployer determines that such injury would 

14 occur; and 

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

16 commenced, the employee elects not to re17 turn to employment after receiving such 

18 notice. 

19 (B) AFFECTED EMPLOYEES.—An employee 

20 referred to in subparagraph (A) is a salaried 

21 employee who is among the highest paid 10 per22 cent of the employees employed by the employer 

23 within 75 miles of the facility at which the em24 ployee is employed. 

25 (3) MAINTENANCE OF HEALTH BENEFITS.— 


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1 (A) COVERAGE.—Except as provided in 

2 subparagraph (B), during any period that an 

3 employee takes leave under this section, the em4 ployer shall maintain coverage under any group 

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

6 the Internal Revenue Code of 1986) for the du7 ration of such leave at the level and under the 

8 conditions coverage would have been provided if 

9 the employee had continued in employment con10 tinuously for the duration of such leave. 

11 (B) FAILURE TO RETURN FROM LEAVE.— 

12 The employer may recover the premium that 

13 the employer paid for maintaining coverage for 

14 the employee under such group health plan dur15 ing any period of leave under this section if— 

16 (i) the employee fails to return from 

17 leave under this section after the period of 

18 leave to which the employee is entitled has 

19 expired; and 

20 (ii) the employee fails to return to 

21 work for a reason other than— 

22 (I) the continuation of, recur23 rence of, or onset of an episode of do24 mestic violence, dating violence, sexual 

25 assault, or stalking, that entitles the 


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1 employee to leave pursuant to this 

2 section; or 

3 (II) other circumstances beyond 

4 the control of the employee. 

5 (C) CERTIFICATION.— 

6 (i) ISSUANCE.—An employer may re7 quire an employee who claims that the em8 ployee is unable to return to work because 

9 of a reason described in subclause (I) or 

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

11 within a reasonable period after making 

12 the claim, certification to the employer 

13 that the employee is unable to return to 

14 work because of such reason. 

15 (ii) CONTENTS.—An employee may 

16 satisfy the certification requirement in 

17 clause (i) by providing to the employer— 

18 (I) a sworn statement of the em19 ployee; 

20 (II) documentation from an em21 ployee, agent, or volunteer of a victim 

22 services organization, an attorney, a 

23 member of the clergy, or a medical or 

24 other professional, from whom the 

25 employee or the employee’s family or 


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1 household member has sought assist2 ance in addressing domestic violence, 

3 dating violence, sexual assault, or 

4 stalking and the effects of domestic 

5 violence, dating violence, sexual as6 sault, or stalking; 

7 (III) a police or court record; or 

8 (IV) other corroborating evi9 dence. 

10 (D) CONFIDENTIALITY.—All information 

11 provided to the employer pursuant to subpara12 graph (C), including a statement of the em13 ployee or any other documentation, record, or 

14 corroborating evidence, and the fact that the 

15 employee is not returning to work because of a 

16 reason described in subclause (I) or (II) of sub17 paragraph (B)(ii), shall be retained in the 

18 strictest confidence by the employer, except to 

19 the extent that disclosure is— 

20 (i) requested or consented to by the 

21 employee; or 

22 (ii) otherwise required by applicable 

23 Federal or State law. 

24 (f) PROHIBITED ACTS.— 

25 (1) INTERFERENCE WITH RIGHTS.— 


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1 (A) EXERCISE OF RIGHTS.—It shall be un2 lawful for any employer to interfere with, re3 strain, or deny the exercise of or the attempt to 

4 exercise any right provided under this section. 

5 (B) EMPLOYER DISCRIMINATION.—It shall 

6 be unlawful for any employer to discharge or 

7 harass any individual, or otherwise discriminate 

8 against any individual with respect to com9 pensation, terms, conditions, or privileges of 

10 employment of the individual (including retalia11 tion in any form or manner) because the indi12 vidual— 

13 (i) exercised any right provided under 

14 this section; or 

15 (ii) opposed any practice made unlaw16 ful by this section. 

17 (C) PUBLIC AGENCY SANCTIONS.—It shall 

18 be unlawful for any public agency to deny, re19 duce, or terminate the benefits of, otherwise 

20 sanction, or harass any individual, or otherwise 

21 discriminate against any individual (including 

22 retaliation in any form or manner) with respect 

23 to the amount, terms, or conditions of public 

24 assistance of the individual because the indi25 vidual— 


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1 (i) exercised any right provided under 

2 this section; or 

3 (ii) opposed any practice made unlaw4 ful by this section. 

5 (2) INTERFERENCE WITH PROCEEDINGS OR IN6 QUIRIES.—It shall be unlawful for any person to dis7 charge or in any other manner discriminate (as de8 scribed in subparagraph (B) or (C) of paragraph 

9 (1)) against any individual because such indi10 vidual— 

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

12 or caused to be instituted any proceeding, 

13 under or related to this section; 

14 (B) has given, or is about to give, any in15 formation in connection with any inquiry or 

16 proceeding relating to any right provided under 

17 this section; or 

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

19 any inquiry or proceeding relating to any right 

20 provided under this section. 

21 (g) ENFORCEMENT.— 

22 (1) CIVIL ACTION BY AFFECTED INDIVID23 UALS.— 


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1 (A) LIABILITY.—Any employer that vio2 lates subsection (f) shall be liable to any indi3 vidual affected— 

4 (i) for damages equal to— 

5 (I) the amount of— 

6 (aa) any wages, salary, em7 ployment benefits, or other com8 pensation denied or lost to such 

9 individual by reason of the viola10 tion; or 

11 (bb) in a case in which 

12 wages, salary, employment bene13 fits, or other compensation has 

14 not been denied or lost to the in15 dividual, any actual monetary 

16 losses sustained by the individual 

17 as a direct result of the violation; 

18 (II) the interest on the amount 

19 described in subclause (I) calculated 

20 at the prevailing rate; and 

21 (III) an additional amount as liq22 uidated damages equal to the sum of 

23 the amount described in subclause (I) 

24 and the interest described in sub25 clause (II), except that if an employer 


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1 that has violated subsection (f) proves 

2 to the satisfaction of the court that 

3 the act or omission that violated sub4 section (f) was in good faith and that 

5 the employer had reasonable grounds 

6 for believing that the act or omission 

7 was not a violation of subsection (f), 

8 such court may, in the discretion of 

9 the court, reduce the amount of the li10 ability to the amount and interest de11 termined under subclauses (I) and 

12 (II), respectively; and 

13 (ii) for such equitable relief as may be 

14 appropriate, including employment, rein15 statement, and promotion. 

16 (B) RIGHT OF ACTION.—An action to re17 cover the damages or equitable relief prescribed 

18 in subparagraph (A) may be maintained against 

19 any employer in any Federal or State court of 

20 competent jurisdiction by any 1 or more af21 fected individuals for and on behalf of— 

22 (i) the individuals; or 

23 (ii) the individuals and other individ24 uals similarly situated. 


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

2 an action shall, in addition to any judgment 

3 awarded to the plaintiff, allow a reasonable at4 torney’s fee, reasonable expert witness fees, and 

5 other costs of the action to be paid by the de6 fendant. 

7 (D) LIMITATIONS.—The right provided by 

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

9 behalf of any affected individual shall termi10 nate— 

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

12 Secretary in an action under paragraph (4) 

13 in which restraint is sought of any further 

14 delay in the payment of the amount de15 scribed in subparagraph (A)(i) to such in16 dividual by an employer responsible under 

17 subparagraph (A) for the payment; or 

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

19 Secretary in an action under paragraph (2) 

20 in which a recovery is sought of the dam21 ages described in subparagraph (A)(i) 

22 owing to an affected individual by an em23 ployer liable under subparagraph (A), 


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1 unless the action described in clause (i) or (ii) 

2 is dismissed without prejudice on motion of the 

3 Secretary. 

4 (2) ACTION BY THE SECRETARY.— 

5 (A) ADMINISTRATIVE ACTION.—The Sec6 retary shall receive, investigate, and attempt to 

7 resolve complaints of violations of subsection (f) 

8 in the same manner as the Secretary receives, 

9 investigates, and attempts to resolve complaints 

10 of violations of sections 6 and 7 of the Fair 

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

12 and 207). 

13 (B) CIVIL ACTION.—The Secretary may 

14 bring an action in any court of competent juris15 diction to recover the damages described in 

16 paragraph (1)(A)(i). 

17 (C) SUMS RECOVERED.—Any sums recov18 ered by the Secretary pursuant to subparagraph 

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

20 and shall be paid, on order of the Secretary, di21 rectly to each individual affected. Any such 

22 sums not paid to such an individual because of 

23 inability to do so within a period of 3 years 

24 shall be deposited into the Treasury of the 

25 United States as miscellaneous receipts. 


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1 (3) LIMITATION.— 

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

3 subparagraph (B), an action may be brought 

4 under this subsection not later than 2 years 

5 after the date of the last event constituting the 

6 alleged violation for which the action is brought. 

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

8 such action brought for a willful violation of 

9 subsection (f), such action may be brought 

10 within 3 years after the date of the last event 

11 constituting the alleged violation for which such 

12 action is brought. 

13 (C) COMMENCEMENT.—In determining 

14 when an action is commenced by the Secretary 

15 under this subsection for the purposes of this 

16 paragraph, it shall be considered to be com17 menced on the date when the complaint is filed. 

18 (4) ACTION FOR INJUNCTION BY SECRETARY.— 

19 The district courts of the United States shall have 

20 jurisdiction, for cause shown, in an action brought 

21 by the Secretary— 

22 (A) to restrain violations of subsection (f), 

23 including the restraint of any withholding of 

24 payment of wages, salary, employment benefits, 


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1 or other compensation, plus interest, found by 

2 the court to be due to affected individuals; or 

3 (B) to award such other equitable relief as 

4 may be appropriate, including employment, re5 instatement, and promotion. 

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

7 Labor may appear for and represent the Secretary 

8 on any litigation brought under this subsection. 

9 (6) EMPLOYER LIABILITY UNDER OTHER

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

11 limit the liability of an employer or public agency to 

12 an individual, for harm suffered relating to the indi13 vidual’s experience of domestic violence, dating vio14 lence, sexual assault, or stalking, pursuant to any 

15 other Federal or State law, including a law providing 

16 for a legal remedy. 

17 (7) LIBRARY OF CONGRESS.—Notwithstanding 

18 any other provision of this subsection, in the case of 

19 the Library of Congress, the authority of the Sec20 retary under this subsection shall be exercised by the 

21 Librarian of Congress. 

22 (8) CERTAIN PUBLIC AGENCY EMPLOYERS.— 

23 (A) AGENCIES.—Notwithstanding any 

24 other provision of this subsection, in the case of 

25 a public agency that employs individuals as deVerDate Nov 24 2008 04:36 Oct 02, 2009 Jkt 089200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S1740.IS S1740

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1 scribed in subparagraph (A) or (B) of section 

2 3(e)(2) of the Fair Labor Standards Act of 

3 1938 (29 U.S.C. 203(e)(2)) (other than an en4 tity of the legislative branch of the Federal 

5 Government), subparagraph (B) shall apply. 

6 (B) AUTHORITY.—In the case described in 

7 subparagraph (A), the powers, remedies, and 

8 procedures provided in the case of a violation of 

9 chapter 63 of title 5, United States Code, in 

10 that title to an employing agency, in chapter 12 

11 of that title to the Merit Systems Protection 

12 Board, or in that title to any person alleging a 

13 violation of chapter 63 of that title, shall be the 

14 powers, remedies, and procedures this sub15 section provides in the case of a violation of 

16 subsection (f) to that agency, that Board, or 

17 any person alleging a violation of subsection (f), 

18 respectively, against an employee who is such 

19 an individual. 

20 (9) PUBLIC AGENCIES PROVIDING PUBLIC AS21 SISTANCE.—Consistent with regulations prescribed 

22 under section 106(d), the President shall ensure that 

23 any public agency that violates subsection (f)(1)(C), 

24 or subsection (f)(2) by discriminating as described in 

25 subsection (f)(1)(C), shall provide to any individual 


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1 who receives a less favorable amount, term, or condi2 tion of public assistance as a result of the viola3 tion— 

4 (A)(i) the amount of any public assistance 

5 denied or lost to such individual by reason of 

6 the violation; and 

7 (ii) the interest on the amount described in 

8 clause (i); and 

9 (B) such equitable relief as may be appro10 priate. 

11 SEC. 103. EXISTING LEAVE USABLE FOR ADDRESSING DO12 MESTIC VIOLENCE, DATING VIOLENCE, SEX13 UAL ASSAULT, OR STALKING. 

14 An employee who is entitled to take paid or unpaid 

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

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

17 law, a collective bargaining agreement, or an employment 

18 benefits program or plan, may elect to substitute any pe19 riod of such leave for an equivalent period of leave pro20 vided under section 102. 

21 SEC. 104. EMERGENCY BENEFITS. 

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

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

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1 term emergency benefits to an individual for any period 

2 of leave the individual takes pursuant to section 102. 

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

4 individual for such emergency benefits, the State shall 

5 count only the cash available or accessible to the indi6 vidual. 

7 (c) TIMING.— 

8 (1) APPLICATIONS.—An individual seeking 

9 emergency benefits under subsection (a) from a 

10 State shall submit an application to the State. 

11 (2) BENEFITS.—The State shall provide bene12 fits to an eligible applicant under paragraph (1) on 

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

14 the applicant submits an application under para15 graph (1). 

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

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

18 at the end the following: 

19 ‘‘(l) AUTHORITY TO PROVIDE EMERGENCY BENE20 FITS.—A State that receives a grant under section 403 

21 may use the grant to provide nonrecurrent short-term 

22 emergency benefits, in accordance with section 104 of the 

23 Survivors’ Empowerment and Economic Security Act, to 

24 individuals who take leave pursuant to section 102 of that 

25 Act, without regard to whether the individuals receive asVerDate Nov 24 2008 04:36 Oct 02, 2009 Jkt 089200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S1740.IS S1740

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1 sistance under the State program funded under this 

2 part.’’. 

3 SEC. 105. EFFECT ON OTHER LAWS AND EMPLOYMENT BEN4 EFITS. 

5 (a) MORE PROTECTIVE LAWS, AGREEMENTS, PRO6 GRAMS, AND PLANS.—Nothing in this title shall be con7 strued to supersede any provision of any Federal, State, 

8 or local law, collective bargaining agreement, or employ9 ment benefits program or plan that provides— 

10 (1) greater leave benefits for victims of domes11 tic violence, dating violence, sexual assault, or stalk12 ing than the rights established under this title; or 

13 (2) leave benefits for a larger population of vic14 tims of domestic violence, dating violence, sexual as15 sault, or stalking (as defined in such law, agreement, 

16 program, or plan) than the victims of domestic vio17 lence, dating violence, sexual assault, or stalking 

18 covered under this title. 

19 (b) LESS PROTECTIVE LAWS, AGREEMENTS, PRO20 GRAMS, AND PLANS.—The rights established for victims 

21 of domestic violence, dating violence, sexual assault, or 

22 stalking under this title shall not be diminished by any 

23 State or local law, collective bargaining agreement, or em24 ployment benefits program or plan. 


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1 SEC. 106. REGULATIONS. 

2 (a) IN GENERAL.— 

3 (1) AUTHORITY TO ISSUE REGULATIONS.—Ex4 cept as provided in subsections (b), (c), and (d), the 

5 Secretary shall issue regulations to carry out this 

6 title. 

7 (2) REGULATIONS REGARDING NOTICES.—The 

8 regulations described in paragraph (1) shall include 

9 regulations requiring every employer to post and 

10 keep posted, in conspicuous places on the premises 

11 of the employer where notices to employees are cus12 tomarily placed, a notice, to be prepared or approved 

13 by the Secretary, summarizing the provisions of this 

14 title and providing information on procedures for fil15 ing complaints. The Secretary shall develop such a 

16 notice and provide copies to employers upon request 

17 without charge. 

18 (b) LIBRARY OF CONGRESS.—The Librarian of Con19 gress shall prescribe the regulations described in sub20 section (a) with respect to employees of the Library of 

21 Congress. The regulations prescribed under this sub22 section shall, to the extent appropriate, be consistent with 

23 the regulations prescribed by the Secretary under sub24 section (a). 

25 (c) CERTAIN PUBLIC AGENCY EMPLOYERS.—The Of26 fice of Personnel Management shall prescribe the regulaVerDate Nov 24 2008 04:36 Oct 02, 2009 Jkt 089200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S1740.IS S1740

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1 tions described in subsection (a) with respect to individ2 uals described in subparagraph (A) or (B) of section 

3 3(e)(2) of the Fair Labor Standards Act of 1938 (29 

4 U.S.C. 203(e)(2)) (other than an individual employed by 

5 an entity of the legislative branch of the Federal Govern6 ment). The regulations prescribed under this subsection 

7 shall, to the extent appropriate, be consistent with the reg8 ulations prescribed by the Secretary under subsection (a). 

9 (d) PUBLIC AGENCIES PROVIDING PUBLIC ASSIST10 ANCE.—The President shall prescribe the regulations de11 scribed in subsection (a) with respect to applicants for and 

12 recipients of public assistance, in the case of violations of 

13 section 102(f)(1)(C), or section 102(f)(2) due to discrimi14 nation described in section 102(f)(1)(C). The regulations 

15 prescribed under this subsection shall, to the extent appro16 priate, be consistent with the regulations prescribed by the 

17 Secretary under subsection (a). 

18 SEC. 107. CONFORMING AMENDMENT. 

19 Section 1003(a)(1) of the Rehabilitation Act Amend20 ments of 1986 (42 U.S.C. 2000d–7(a)(1)) is amended by 

21 inserting ‘‘title I or III of the Survivors’ Empowerment 

22 and Economic Security Act,’’ before ‘‘or the provisions’’. 

23 SEC. 108. EFFECTIVE DATE. 

24 This title and the amendment made by this title take 

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


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1 TITLE II—ENTITLEMENT TO UN2 EMPLOYMENT COMPENSA3 TION FOR VICTIMS OF DO4 MESTIC VIOLENCE, DATING 

5 VIOLENCE, SEXUAL ASSAULT, 

6 OR STALKING 

7 SEC. 201. 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 laying and collecting taxes, providing for the general 

12 welfare, and regulation of commerce among the several 

13 States, and under section 5 of the 14th amendment to 

14 the Constitution— 

15 (1) to promote the national interest in reducing 

16 domestic violence, dating violence, sexual assault, 

17 and stalking by enabling victims of domestic vio18 lence, dating violence, sexual assault, or stalking to 

19 maintain the financial independence necessary to 

20 leave abusive situations, achieve safety, and mini21 mize the physical and emotional injuries from do22 mestic violence, dating violence, sexual assault, or 

23 stalking, and to reduce the devastating economic 

24 consequences of domestic violence, dating violence, 


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1 sexual assault, or stalking to employers and employ2 ees; 

3 (2) to promote the national interest in ensuring 

4 that victims of domestic violence, dating violence, 

5 sexual assault, or stalking can recover from and cope 

6 with the effects of such victimization and participate 

7 in the criminal and civil justice processes without 

8 fear of adverse economic consequences; 

9 (3) to minimize the negative impact on inter10 state commerce from dislocations of employees and 

11 harmful effects on productivity, loss of employment, 

12 health care costs, and employer costs, caused by do13 mestic violence, dating violence, sexual assault, or 

14 stalking, including intentional efforts to frustrate 

15 the ability of women to participate in employment 

16 and interstate commerce; 

17 (4) to promote the purposes of the 14th amend18 ment to the Constitution by preventing sex-based 

19 discrimination and discrimination against victims of 

20 domestic violence, dating violence, sexual assault, or 

21 stalking in unemployment insurance, by addressing 

22 the failure of existing laws to protect the employ23 ment rights of victims of domestic violence, dating 

24 violence, sexual assault, or stalking, by protecting 

25 their civil and economic rights, and by furthering the 


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1 equal opportunity of women for economic self-suffi2 ciency and employment free from discrimination; 

3 and 

4 (5) to accomplish the purposes described in 

5 paragraphs (1) through (4) by providing unemploy6 ment insurance to those who are separated from 

7 their employment as a result of domestic violence, 

8 dating violence, sexual assault, or stalking, in a 

9 manner that accommodates the legitimate interests 

10 of employers and protects the safety of all persons 

11 in the workplace. 

12 SEC. 202. UNEMPLOYMENT COMPENSATION AND TRAINING 

13 PROVISIONS. 

14 (a) UNEMPLOYMENT COMPENSATION.—Section 3304 

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

16 of State unemployment compensation laws) is amended— 

17 (1) in subsection (a)— 

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

19 at the end; 

20 (B) by redesignating paragraph (19) as 

21 paragraph (20); and 

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

23 following new paragraph: 

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

25 an individual is separated from employment due to 


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1 circumstances resulting from the individual’s experi2 ence of domestic violence, dating violence, sexual as3 sault, or stalking, nor shall States impose additional 

4 conditions that restrict the individual’s eligibility for 

5 or receipt of benefits beyond those required of other 

6 individuals who are forced to leave their jobs or are 

7 deemed to have good cause for voluntarily separating 

8 from a job in the State; and’’; and 

9 (2) by adding at the end the following new sub10 section: 

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

12 (a)(19)— 

13 ‘‘(1) DOCUMENTATION.—In determining eligi14 bility for compensation due to circumstances result15 ing from an individual’s experience of domestic vio16 lence, dating violence, sexual assault, or stalking— 

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

18 by statute, regulation, or policy a list of forms 

19 of documentation that may be presented to 

20 demonstrate eligibility; and 

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

22 of documentation shall be sufficient to dem23 onstrate eligibility, except that a State may re24 quire the presentation of a form of identificaVerDate Nov 24 2008 04:36 Oct 02, 2009 Jkt 089200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S1740.IS S1740

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1 tion in addition to the written statement of 

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

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

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

5 not less than 3 of the following forms of documenta6 tion: 

7 ‘‘(A) An order of protection or other docu8 mentation issued by a court. 

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

10 documenting the domestic violence, dating vio11 lence, sexual assault, or stalking. 

12 ‘‘(C) Documentation that the perpetrator 

13 has been convicted of the offense of domestic vi14 olence, dating violence, sexual assault, or stalk15 ing. 

16 ‘‘(D) Medical documentation of the domes17 tic violence, dating violence, sexual assault, or 

18 stalking. 

19 ‘‘(E) Evidence of domestic violence, dating 

20 violence, sexual assault, or stalking from a 

21 counselor, social worker, health worker, or do22 mestic violence shelter worker. 

23 ‘‘(F) A written statement that the appli24 cant or the applicant’s minor child is a victim 

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1 sault, or stalking, provided by a social worker, 

2 member of the clergy, shelter worker, attorney 

3 at law, or other professional who has assisted 

4 the applicant in dealing with the domestic vio5 lence, dating violence, sexual assault, or stalk6 ing. 

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

8 ‘‘(3) DOMESTIC VIOLENCE, DATING VIOLENCE, 

9 SEXUAL ASSAULT, AND STALKING DEFINED.—The 

10 terms ‘domestic violence’, ‘dating violence’, ‘sexual 

11 assault’, and ‘stalking’ have the meanings given such 

12 terms in section 3 of the Survivors’ Empowerment 

13 and Economic Security Act.’’. 

14 (b) UNEMPLOYMENT COMPENSATION PERSONNEL

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

16 U.S.C. 503(a)) is amended— 

17 (1) by redesignating paragraphs (4) through 

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

19 and 

20 (2) by inserting after paragraph (3) the fol21 lowing new paragraph: 

22 ‘‘(4) Such methods of administration as will en23 sure that— 

24 ‘‘(A) applicants for unemployment com25 pensation and individuals inquiring about such 


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1 compensation are adequately notified of the 

2 provisions of subsections (a)(19) and (g) of sec3 tion 3304 of the Internal Revenue Code of 1986 

4 (relating to the availability of unemployment 

5 compensation for victims of domestic violence, 

6 dating violence, sexual assault, or stalking); and 

7 ‘‘(B) claims reviewers and hearing per8 sonnel are adequately trained in— 

9 ‘‘(i) the nature and dynamics of do10 mestic violence, dating violence, sexual as11 sault, or stalking (as such terms are de12 fined in section 3 of the Survivors’ Em13 powerment and Economic Security Act); 

14 and 

15 ‘‘(ii) methods of ascertaining and 

16 keeping confidential information about pos17 sible experiences of domestic violence, dat18 ing violence, sexual assault, or stalking (as 

19 so defined) to ensure that— 

20 ‘‘(I) requests for unemployment 

21 compensation based on separations 

22 stemming from domestic violence, dat23 ing violence, sexual assault, or stalk24 ing (as so defined) are reliably 


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1 screened, identified, and adjudicated; 

2 and 

3 ‘‘(II) full confidentiality is pro4 vided for the individual’s claim and 

5 submitted evidence; and’’. 

6 (c) TANF PERSONNEL TRAINING.—Section 402(a) 

7 of the Social Security Act (42 U.S.C. 602(a)) is amended 

8 by adding at the end the following new paragraph: 

9 ‘‘(8) CERTIFICATION THAT THE STATE WILL

10 PROVIDE INFORMATION TO VICTIMS OF DOMESTIC

11 VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR

12 STALKING.—A certification by the chief officer of 

13 the State that the State has established and is en14 forcing standards and procedures to— 

15 ‘‘(A) ensure that applicants for assistance 

16 under the program and individuals inquiring 

17 about such assistance are adequately notified 

18 of— 

19 ‘‘(i) the provisions of subsections 

20 (a)(19) and (g) of section 3304 of the In21 ternal Revenue Code of 1986 (relating to 

22 the availability of unemployment com23 pensation for victims of domestic violence, 

24 dating violence, sexual assault, or stalk25 ing); and 


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1 ‘‘(ii) assistance made available by the 

2 State to victims of domestic violence, dat3 ing violence, sexual assault, or stalking (as 

4 such terms are defined in section 3 of the 

5 Survivors’ Empowerment and Economic 

6 Security Act); 

7 ‘‘(B) ensure that case workers and other 

8 agency personnel responsible for administering 

9 the State program funded under this part are 

10 adequately trained in— 

11 ‘‘(i) the nature and dynamics of do12 mestic violence, dating violence, sexual as13 sault, or stalking (as so defined); 

14 ‘‘(ii) State standards and procedures 

15 relating to the prevention of, and assist16 ance for individuals who experience, do17 mestic violence, dating violence, sexual as18 sault, or stalking (as so defined); and 

19 ‘‘(iii) methods of ascertaining and 

20 keeping confidential information about pos21 sible experiences of domestic violence, dat22 ing violence, sexual assault, or stalking (as 

23 so defined); 

24 ‘‘(C) if a State has elected to establish and 

25 enforce standards and procedures regarding the 


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1 screening for and identification of domestic vio2 lence pursuant to paragraph (7), ensure that— 

3 ‘‘(i) applicants for assistance under 

4 the program and individuals inquiring 

5 about such assistance are adequately noti6 fied of options available under such stand7 ards and procedures; and 

8 ‘‘(ii) case workers and other agency 

9 personnel responsible for administering the 

10 State program funded under this part are 

11 provided with adequate training regarding 

12 such standards and procedures and options 

13 available under such standards and proce14 dures; and 

15 ‘‘(D) ensure that the training required 

16 under subparagraphs (B) and, if applicable, 

17 (C)(ii) is provided through a training program 

18 operated by an eligible entity (as defined in sec19 tion 202(d)(2) of the Survivors’ Empowerment 

20 and Economic Security Act).’’. 

21 (d) DOMESTIC VIOLENCE, DATING VIOLENCE, SEX22 UAL ASSAULT, OR STALKING TRAINING GRANT PRO23 GRAM.— 

24 (1) GRANTS AUTHORIZED.—The Secretary of 

25 Health and Human Services (in this subsection reVerDate Nov 24 2008 04:36 Oct 02, 2009 Jkt 089200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S1740.IS S1740

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1 ferred to as the ‘‘Secretary’’) is authorized to 

2 award— 

3 (A) a grant to a national victim services 

4 organization in order for such organization to— 

5 (i) develop and disseminate a model 

6 training program (and related materials) 

7 for the training required under section 

8 303(a)(4)(B) of the Social Security Act, as 

9 added by subsection (b), and under sub10 paragraphs (B) and, if applicable, (C)(ii) 

11 of section 402(a)(8) of the such Act, as 

12 added by subsection (c); and 

13 (ii) provide technical assistance with 

14 respect to such model training program; 

15 and 

16 (B) grants to State, tribal, or local agen17 cies in order for such agencies to contract with 

18 eligible entities to provide State, tribal, or local 

19 case workers and other State, tribal, or local 

20 agency personnel responsible for administering 

21 the temporary assistance to needy families pro22 gram established under part A of title IV of the 

23 Social Security Act in a State or Indian res24 ervation with the training required under subVerDate Nov 24 2008 04:36 Oct 02, 2009 Jkt 089200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S1740.IS S1740

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1 paragraphs (B) and, if applicable, (C)(ii) of 

2 such section 402(a)(8). 

3 (2) ELIGIBLE ENTITY DEFINED.—For purposes 

4 of paragraph (1)(B), the term ‘‘eligible entity’’ 

5 means an entity— 

6 (A) that is— 

7 (i) a State or tribal domestic violence 

8 coalition or sexual assault coalition; 

9 (ii) a State or local victim services or10 ganization with recognized expertise in the 

11 dynamics of domestic violence, dating vio12 lence, sexual assault, or stalking whose pri13 mary mission is to provide services to vic14 tims of domestic violence, dating violence, 

15 sexual assault, or stalking (such as a rape 

16 crisis center or domestic violence program); 

17 or 

18 (iii) an organization with dem19 onstrated expertise in State or county wel20 fare laws and implementation of such laws 

21 and experience with disseminating informa22 tion on such laws and implementation, but 

23 only if such organization will provide the 

24 required training in partnership with an 

25 entity described in clause (i) or (ii); and 


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1 (B) that— 

2 (i) has demonstrated expertise in both 

3 domestic violence and sexual assault, such 

4 as a joint domestic violence and sexual as5 sault coalition; or 

6 (ii) will provide the required training 

7 in partnership with an entity described in 

8 clause (i) or (ii) of subparagraph (A) in 

9 order to comply with the dual domestic vio10 lence and sexual assault expertise require11 ment under clause (i). 

12 (3) APPLICATION.—An entity seeking a grant 

13 under this subsection shall submit an application to 

14 the Secretary at such time, in such form and man15 ner, and containing such information as the Sec16 retary specifies. 

17 (4) REPORTS.— 

18 (A) REPORTS TO CONGRESS.—The Sec19 retary shall annually submit a report to Con20 gress on the grant program established under 

21 this subsection. 

22 (B) REPORTS AVAILABLE TO PUBLIC.— 

23 The Secretary shall establish procedures for the 

24 dissemination to the public of each report sub25 mitted under subparagraph (A). Such proceVerDate Nov 24 2008 04:36 Oct 02, 2009 Jkt 089200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S1740.IS S1740

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1 dures shall include the use of the Internet to 

2 disseminate such reports. 

3 (5) AUTHORIZATION OF APPROPRIATIONS.— 

4 (A) AUTHORIZATION.—There are author5 ized to be appropriated— 

6 (i) $1,000,000 for fiscal year 2010 to 

7 carry out the provisions of paragraph 

8 (1)(A); and 

9 (ii) $12,000,000 for each of fiscal 

10 years 2011 through 2013 to carry out the 

11 provisions of paragraph (1)(B). 

12 (B) THREE-YEAR AVAILABILITY OF GRANT

13 FUNDS.—Each recipient of a grant under this 

14 subsection shall return to the Secretary any un15 used portion of such grant not later than 3 

16 years after the date the grant was awarded, to17 gether with any earnings on such unused por18 tion. 

19 (C) AMOUNTS RETURNED.—Any amounts 

20 returned pursuant to subparagraph (B) shall be 

21 available without further appropriation to the 

22 Secretary for the purpose of carrying out the 

23 provisions of paragraph (1)(B). 

24 (e) EFFECT ON EXISTING LAWS, ETC.— 


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1 (1) MORE PROTECTIVE LAWS, AGREEMENTS, 

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

3 be construed to supersede any provision of any Fed4 eral, State, or local law, collective bargaining agree5 ment, or employment benefits program or plan that 

6 provides greater unemployment insurance benefits 

7 for victims of domestic violence, dating violence, sex8 ual assault, or stalking than the rights established 

9 under this title. 

10 (2) LESS PROTECTIVE LAWS, AGREEMENTS, 

11 PROGRAMS, AND PLANS.—The rights established for 

12 victims of domestic violence, dating violence, sexual 

13 assault, or stalking under this title shall not be di14 minished by any more restrictive State or local law, 

15 collective bargaining agreement, or employment ben16 efits program or plan. 

17 (f) EFFECTIVE DATE.— 

18 (1) UNEMPLOYMENT AMENDMENTS.— 

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

20 subparagraph (B) and paragraph (2), the 

21 amendments made by this section shall apply in 

22 the case of compensation paid for weeks begin23 ning on or after the expiration of 180 days 

24 from the date of enactment of this Act. 


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1 (B) EXTENSION OF EFFECTIVE DATE FOR

2 STATE LAW AMENDMENT.— 

3 (i) IN GENERAL.—If the Secretary 

4 identifies a State as requiring a change to 

5 its statutes, regulations, or policies in 

6 order to comply with the amendments 

7 made by this section (excluding the amend8 ment made by subsection (c)), such 

9 amendments shall apply in the case of 

10 compensation paid for weeks beginning 

11 after the earlier of— 

12 (I) the date the State changes its 

13 statutes, regulations, or policies in 

14 order to comply with such amend15 ments; or 

16 (II) the end of the first session of 

17 the State legislature which begins 

18 after the date of enactment of this 

19 Act or which began prior to such date 

20 and remained in session for at least 

21 25 calendar days after such date; 

22 except that in no case shall such amend23 ments apply before the date that is 180 

24 days after the date of enactment of this 

25 Act. 


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1 (ii) SESSION DEFINED.—In this sub2 paragraph, the term ‘‘session’’ means a 

3 regular, special, budget, or other session of 

4 a State legislature. 

5 (2) TANF AMENDMENT.— 

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

7 subparagraph (B), the amendment made by 

8 subsection (c) shall take effect on the date of 

9 enactment of this Act. 

10 (B) EXTENSION OF EFFECTIVE DATE FOR

11 STATE LAW AMENDMENT.—In the case of a 

12 State plan under part A of title IV of the Social 

13 Security Act which the Secretary of Health and 

14 Human Services determines requires State leg15 islation in order for the plan to meet the addi16 tional requirements imposed by the amendment 

17 made by subsection (c), the State plan shall not 

18 be regarded as failing to comply with the re19 quirements of such amendment on the basis of 

20 its failure to meet these additional requirements 

21 before the first day of the first calendar quarter 

22 beginning after the close of the first regular 

23 session of the State legislature that begins after 

24 the date of enactment of this Act. For purposes 

25 of the previous sentence, in the case of a State 


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1 that has a 2-year legislative session, each year 

2 of the session is considered to be a separate 

3 regular session of the State legislature. 

4 TITLE III—VICTIMS’ 

5 EMPLOYMENT SUSTAINABILITY 

6 SEC. 301. SHORT TITLE. 

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

8 Sustainability Act’’. 

9 SEC. 302. PURPOSES. 

10 The purposes of this title are, pursuant to the affirm11 ative power of Congress to enact legislation under the por12 tions of section 8 of article I of the Constitution relating 

13 to providing for the general welfare and to regulation of 

14 commerce among the several States, and under section 5 

15 of the 14th amendment to the Constitution— 

16 (1) to promote the national interest in reducing 

17 domestic violence, dating violence, sexual assault, 

18 and stalking by enabling victims of domestic vio19 lence, dating violence, sexual assault, or stalking to 

20 maintain the financial independence necessary to 

21 leave abusive situations, achieve safety, and mini22 mize the physical and emotional injuries from do23 mestic violence, dating violence, sexual assault, or 

24 stalking, and to reduce the devastating economic 

25 consequences of domestic violence, dating violence, 


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1 sexual assault, or stalking to employers and employ2 ees; 

3 (2) to promote the national interest in ensuring 

4 that victims of domestic violence, dating violence, 

5 sexual assault, or stalking can recover from and cope 

6 with the effects of domestic violence, dating violence, 

7 sexual assault, or stalking, and participate in crimi8 nal and civil justice processes, without fear of ad9 verse economic consequences from their employers; 

10 (3) to ensure that victims of domestic violence, 

11 dating violence, sexual assault, or stalking can re12 cover from and cope with the effects of domestic vio13 lence, dating violence, sexual assault, or stalking, 

14 and participate in criminal and civil justice proc15 esses, without fear of adverse economic consequences 

16 with respect to public benefits; 

17 (4) to promote the purposes of the 14th amend18 ment to the Constitution by preventing sex-based 

19 discrimination and discrimination against victims of 

20 domestic violence, dating violence, sexual assault, or 

21 stalking in employment, by addressing the failure of 

22 existing laws to protect the employment rights of 

23 victims of domestic violence, dating violence, sexual 

24 assault, or stalking, by protecting the civil and eco25 nomic rights of victims of domestic violence, dating 


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1 violence, sexual assault, or stalking, and by fur2 thering the equal opportunity of women for economic 

3 self-sufficiency and employment free from discrimi4 nation; 

5 (5) to minimize the negative impact on inter6 state commerce from dislocations of employees and 

7 harmful effects on productivity, employment, health 

8 care costs, and employer costs, caused by domestic 

9 violence, dating violence, sexual assault, or stalking, 

10 including intentional efforts to frustrate women’s 

11 ability to participate in employment and interstate 

12 commerce; and 

13 (6) to accomplish the purposes described in 

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

15 from discriminating against actual or perceived vic16 tims of domestic violence, dating violence, sexual as17 sault, or stalking, in a manner that accommodates 

18 the legitimate interests of employers and protects 

19 the safety of all persons in the workplace. 

20 SEC. 303. PROHIBITED DISCRIMINATORY ACTS. 

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

22 refuse to hire, discharge, or harass any individual, or oth23 erwise discriminate against any individual with respect to 

24 the compensation, terms, conditions, or privileges of em25 ployment of the individual (including retaliation in any 


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1 form or manner), and a public agency shall not deny, re2 duce, or terminate the benefits of, otherwise sanction, or 

3 harass any individual, or otherwise discriminate against 

4 any individual with respect to the amount, terms, or condi5 tions of public assistance of the individual (including retal6 iation in any form or manner), because— 

7 (1) the individual involved is or the employer or 

8 public agency involved perceives that individual to be 

9 a victim of domestic violence, dating violence, sexual 

10 assault, or stalking; 

11 (2) that individual attended, participated in, 

12 prepared for, or requested leave to attend, partici13 pate in, or prepare for, a criminal or civil court pro14 ceeding relating to an incident of domestic violence, 

15 dating violence, sexual assault, or stalking of which 

16 the individual, or the family or household member of 

17 the individual, was a victim; 

18 (3) that individual, in response to actual or 

19 threatened domestic violence, dating violence, sexual 

20 assault, or stalking, requested that the employer or 

21 public agency implement a reasonable safety proce22 dure or a job-related modification to enhance the se23 curity of that individual or safeguard the workplace 

24 involved; or 


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1 (4) the workplace is disrupted or threatened by 

2 the action of a person whom that individual states 

3 has committed or threatened to commit domestic vi4 olence, dating violence, sexual assault, or stalking 

5 against that individual, or that individual’s family or 

6 household member. 

7 (b) DEFINITIONS.—In this section: 

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

9 used with respect to the terms, conditions, or privi10 leges of employment or with respect to the terms or 

11 conditions of public assistance, includes failing to 

12 implement, on request from an individual, in re13 sponse to actual or threatened domestic violence, 

14 dating violence, sexual assault, or stalking, a reason15 able safety procedure or a job-related modification to 

16 enhance the security of that individual or safeguard 

17 the workplace (such as installation of a lock, change 

18 of a telephone number or seating assignment, provi19 sion of a transfer, provision of leave, modification of 

20 a schedule, or adjustment of a work requirement), 

21 unless the employer or public agency can dem22 onstrate that granting the request would impose an 

23 undue hardship on the operation of the employer or 

24 public agency. 


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1 (2) UNDUE HARDSHIP.—The term ‘‘undue 

2 hardship’’ means an action requiring significant dif3 ficulty or expense. 

4 SEC. 304. ENFORCEMENT. 

5 (a) CIVIL ACTION BY INDIVIDUALS.— 

6 (1) LIABILITY.—Any employer that violates sec7 tion 303 shall be liable to any individual affected 

8 for— 

9 (A) damages equal to the amount of 

10 wages, salary, employment benefits, or other 

11 compensation denied or lost to such individual 

12 by reason of the violation, and the interest on 

13 that amount calculated at the prevailing rate; 

14 (B) compensatory damages, including dam15 ages for future pecuniary losses, emotional 

16 pain, suffering, inconvenience, mental anguish, 

17 loss of enjoyment or life, and other nonpecu18 niary losses; 

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

20 the amount of actual damages sustained, as the 

21 court described in paragraph (2) shall deter22 mine to be appropriate; and 

23 (D) such equitable relief as may be appro24 priate, including employment, reinstatement, 

25 and promotion. 


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

2 the damages or equitable relief prescribed in para3 graph (1) may be maintained against any employer 

4 in any Federal or State court of competent jurisdic5 tion by any 1 or more individuals described in sec6 tion 303. 

7 (b) ACTION BY DEPARTMENT OF JUSTICE.—The At8 torney General may bring a civil action in any Federal 

9 or State court of competent jurisdiction to recover the 

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

11 (c) LIBRARY OF CONGRESS.—Notwithstanding any 

12 other provision of this section, in the case of the Library 

13 of Congress, the authority of the Secretary under this sec14 tion shall be exercised by the Librarian of Congress. 

15 (d) CERTAIN PUBLIC AGENCY EMPLOYERS.— 

16 (1) AGENCIES.—Notwithstanding any other 

17 provision of this subsection, in the case of a public 

18 agency that employs individuals as described in sub19 paragraph (A) or (B) of section 3(e)(2) of the Fair 

20 Labor Standards Act of 1938 (29 U.S.C. 203(e)(2)) 

21 (other than an entity of the legislative branch of the 

22 Federal Government), paragraph (2) shall apply. 

23 (2) AUTHORITY.—In the case described in 

24 paragraph (1), the powers, remedies, and procedures 

25 provided (in the case of a violation of section 


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1 2302(b)(1)(A) of title 5, United States Code) in title 

2 5, United States Code, to an employing agency, the 

3 Office of Special Counsel, the Merit Systems Protec4 tion Board, or any person alleging a violation of 

5 such section 2302(b)(1)(A), shall be the powers, 

6 remedies, and procedures this section provides in the 

7 case of a violation of section 303 to that agency, 

8 that Office, that Board, or any person alleging a vio9 lation of section 303, respectively, against an em10 ployee who is such an individual. 

11 (e) PUBLIC AGENCIES PROVIDING PUBLIC ASSIST12 ANCE.—Consistent with regulations prescribed under sec13 tion 306(d), the President shall ensure that any public 

14 agency that violates section 303(a) by taking an action 

15 prohibited under section 303(a) against any individual 

16 with respect to the amount, terms, or conditions of public 

17 assistance, shall provide to any individual who receives a 

18 less favorable amount, term, or condition of public assist19 ance as a result of the violation— 

20 (1)(A) the amount of any public assistance de21 nied or lost to such individual by reason of the viola22 tion; and 

23 (B) the interest on the amount described in 

24 clause (i) calculated at the prevailing rate; and 

25 (2) such equitable relief as may be appropriate. 


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1 SEC. 305. ATTORNEY’S FEES. 

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

3 1988(b)) is amended by inserting ‘‘the Victims’ Employ4 ment Sustainability Act,’’ after ‘‘title VI of the Civil 

5 Rights Act of 1964,’’. 

6 SEC. 306. REGULATIONS. 

7 (a) IN GENERAL.—Except as provided in subsections 

8 (b), (c), and (d), the Secretary shall issue regulations to 

9 carry out this title. 

10 (b) LIBRARY OF CONGRESS.—The Librarian of Con11 gress shall prescribe the regulations described in sub12 section (a) with respect to employees of the Library of 

13 Congress. The regulations prescribed under this sub14 section shall, to the extent appropriate, be consistent with 

15 the regulations prescribed by the Secretary under sub16 section (a). 

17 (c) CERTAIN PUBLIC AGENCY EMPLOYERS.—The Of18 fice of Personnel Management, after consultation with the 

19 Office of Special Counsel and the Merit Systems Protec20 tion Board, shall prescribe the regulations described in 

21 subsection (a) with respect to individuals described in sub22 paragraph (A) or (B) of section 3(e)(2) of the Fair Labor 

23 Standards Act of 1938 (29 U.S.C. 203(e)(2)) (other than 

24 an individual employed by an entity of the legislative 

25 branch of the Federal Government). The regulations pre26 scribed under this subsection shall, to the extent approVerDate Nov 24 2008 04:36 Oct 02, 2009 Jkt 089200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\S1740.IS S1740

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1 priate, be consistent with the regulations prescribed by the 

2 Secretary under subsection (a). 

3 (d) PUBLIC AGENCIES PROVIDING PUBLIC ASSIST4 ANCE.—The President shall prescribe the regulations de5 scribed in subsection (a) with respect to applicants for and 

6 recipients of public assistance, in the case of violations of 

7 section 303(a) by taking an action prohibited under sec8 tion 303(a) against any individual with respect to the 

9 amount, terms, or conditions of public assistance. The reg10 ulations prescribed under this subsection shall, to the ex11 tent appropriate, be consistent with the regulations pre12 scribed by the Secretary under subsection (a). 

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, subVerDate Nov 24 2008 04:36 Oct 02, 2009 Jkt 089200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\S1740.IS S1740

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1 stantial emotional distress, or psychological 

2 trauma. 

3 (B) Attempting to engage in or engaging 

4 in rape, sexual assault, or involuntary sexual 

5 intercourse. 

6 (C) Engaging in a course of conduct or re7 peatedly committing acts toward another per8 son, including following the person without 

9 proper authority and under circumstances that 

10 place the person in reasonable fear of bodily in11 jury or physical harm. 

12 (D) Subjecting another person to false im13 prisonment or kidnapping. 

14 (E) Attempting to cause or causing dam15 age to property so as to intimidate or attempt 

16 to control the behavior of another person. 

17 (2) HEALTH CARRIER.—The term ‘‘health car18 rier’’ means a person that contracts or offers to con19 tract on a risk-assuming basis to provide, deliver, ar20 range for, pay for, or reimburse any of the cost of 

21 health care services, including a sickness and acci22 dent insurance company, a health maintenance orga23 nization, a nonprofit hospital and health service cor24 poration, or any other entity providing a plan of 

25 health insurance, health benefits, or health services. 


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

2 party named on a policy, certificate, or health ben3 efit plan, including an individual, corporation, part4 nership, association, unincorporated organization, or 

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

6 the benefits provided by the policy, certificate, or 

7 health benefit plan. For group insurance, the term 

8 includes a person who is a beneficiary covered by a 

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

10 life insurance, the term refers to the person whose 

11 life is covered under an insurance policy. 

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

13 person, reciprocal exchange, inter insurer, Lloyds in14 surer, fraternal benefit society, or other legal entity 

15 engaged in the business of insurance, including 

16 agents, brokers, adjusters, and third-party adminis17 trators. The term includes employers who provide or 

18 make available employment benefits through an em19 ployee benefit plan, as defined in section 3(3) of the 

20 Employee Retirement Income Security Act of 1974 

21 (29 U.S.C. 1002(3)). The term also includes health 

22 carriers, health benefit plans, and life, disability, and 

23 property and casualty insurers. 

24 (5) POLICY.—The term ‘‘policy’’ means a con25 tract of insurance, certificate, indemnity, suretyship, 


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1 or annuity issued, proposed for issuance, or intended 

2 for issuance by an insurer, including endorsements 

3 or riders to an insurance policy or contract. 

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

5 abuse’’ means— 

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

7 has been directed; 

8 (B) a person who has prior or current in9 juries, illnesses, or disorders that resulted from 

10 abuse; or 

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

12 or had reason to seek medical or psychological 

13 treatment for abuse, protection, court-ordered 

14 protection, or shelter from abuse. 

15 SEC. 403. DISCRIMINATORY ACTS PROHIBITED. 

16 (a) IN GENERAL.—No insurer may, directly or indi17 rectly, engage in any of the following acts or practices on 

18 the basis that the applicant or insured, or any person em19 ployed by the applicant or insured or with whom the appli20 cant or insured is known to have a relationship or associa21 tion, is, has been, or may be the subject of abuse or has 

22 incurred or may incur abuse-related claims: 

23 (1) Denying, refusing to issue, renew, or re24 issue, or canceling or otherwise terminating an in25 surance policy or health benefit plan. 


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1 (2) Restricting, excluding, or limiting insurance 

2 coverage for losses or denying a claim, except as oth3 erwise permitted or required by State laws relating 

4 to life insurance beneficiaries. 

5 (3) Adding a premium differential to any insur6 ance policy or health benefit plan. 

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

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

9 to an insured who is a subject of abuse if the claim for 

10 payment is a result of the abuse. 

11 (c) PROHIBITION ON TERMINATION.— 

12 (1) IN GENERAL.—No insurer or health carrier 

13 may terminate health coverage for a subject of abuse 

14 because coverage was originally issued in the name 

15 of the abuser and the abuser has divorced, separated 

16 from, or lost custody of the subject of abuse or the 

17 abuser’s coverage has terminated voluntarily or in18 voluntarily and the subject of abuse does not qualify 

19 for an extension of coverage under part 6 of subtitle 

20 B of title I of the Employee Retirement Income Se21 curity Act of 1974 (29 U.S.C. 1161 et seq.) or sec22 tion 4980B of the Internal Revenue Code of 1986. 

23 (2) PAYMENT OF PREMIUMS.—Nothing in para24 graph (1) shall be construed to prohibit the insurer 

25 from requiring that the subject of abuse pay the full 


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1 premium for the subject’s coverage under the health 

2 plan if the requirements are applied to all insured of 

3 the health carrier. 

4 (3) EXCEPTION.—An insurer may terminate 

5 group coverage to which this subsection applies after 

6 the continuation coverage period required by this 

7 subsection has been in force for 18 months if it of8 fers conversion to an equivalent individual plan. 

9 (4) CONTINUATION COVERAGE.—The continu10 ation of health coverage required by this subsection 

11 shall be satisfied by any extension of coverage under 

12 part 6 of subtitle B of title I of the Employee Re13 tirement Income Security Act of 1974 (29 U.S.C. 

14 1161 et seq.) or section 4980B of the Internal Rev15 enue Code of 1986 provided to a subject of abuse 

16 and is not intended to be in addition to any exten17 sion of coverage otherwise provided for under such 

18 part 6 or section 4980B. 

19 (d) USE OF INFORMATION.— 

20 (1) LIMITATION.— 

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

22 safety and privacy of subjects of abuse, no per23 son employed by or contracting with an insurer 

24 or health benefit plan may (without the consent 

25 of the subject)— 


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1 (i) use, disclose, or transfer informa2 tion relating to abuse status, acts of abuse, 

3 abuse-related medical conditions, or the 

4 applicant’s or insured’s status as a family 

5 member, employer, associate, or person in 

6 a relationship with a subject of abuse for 

7 any purpose unrelated to the direct provi8 sion of health care services unless such 

9 use, disclosure, or transfer is required by 

10 an order of an entity with authority to reg11 ulate insurance or an order of a court of 

12 competent jurisdiction; or 

13 (ii) disclose or transfer information 

14 relating to an applicant’s or insured’s mail15 ing address or telephone number or the 

16 mailing address and telephone number of a 

17 shelter for subjects of abuse, unless such 

18 disclosure or transfer— 

19 (I) is required in order to provide 

20 insurance coverage; and 

21 (II) does not have the potential 

22 to endanger the safety of a subject of 

23 abuse. 

24 (B) RULE OF CONSTRUCTION.—Nothing in 

25 this paragraph may be construed to limit or 


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1 preclude a subject of abuse from obtaining the 

2 subject’s own insurance records from an in3 surer. 

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

5 subject of abuse, at the absolute discretion of the 

6 subject of abuse, may provide evidence of abuse to 

7 an insurer for the limited purpose of facilitating 

8 treatment of an abuse-related condition or dem9 onstrating that a condition is abuse-related. Nothing 

10 in this paragraph shall be construed as authorizing 

11 an insurer or health carrier to disregard such pro12 vided evidence. 

13 SEC. 404. INSURANCE PROTOCOLS FOR SUBJECTS OF 

14 ABUSE. 

15 Insurers shall develop and adhere to written policies 

16 specifying procedures to be followed by employees, con17 tractors, producers, agents, and brokers for the purpose 

18 of protecting the safety and privacy of a subject of abuse 

19 and otherwise implementing this title when taking an ap20 plication, investigating a claim, or taking any other action 

21 relating to a policy or claim involving a subject of abuse. 

22 SEC. 405. REASONS FOR ADVERSE ACTIONS. 

23 An insurer that takes an action that adversely affects 

24 a subject of abuse, shall advise the applicant or insured 

25 who is the subject of abuse of the specific reasons for the 


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1 action in writing. For purposes of this section, reference 

2 to general underwriting practices or guidelines shall not 

3 constitute a specific reason. 

4 SEC. 406. LIFE INSURANCE. 

5 Nothing in this title shall be construed to prohibit 

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

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

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

9 if— 

10 (1) the applicant or prospective owner of the 

11 policy lacks an insurable interest in the insured; or 

12 (2) the applicant or prospective owner of the 

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

14 records, to have committed an act of abuse against 

15 the proposed insured. 

16 SEC. 407. SUBROGATION WITHOUT CONSENT PROHIBITED. 

17 Subrogation of claims resulting from abuse is prohib18 ited without the informed consent of the subject of abuse. 

19 SEC. 408. ENFORCEMENT. 

20 (a) FEDERAL TRADE COMMISSION.—Any act or 

21 practice prohibited by this title shall be treated as an un22 fair and deceptive act or practice pursuant to section 5 

23 of the Federal Trade Commission Act (15 U.S.C. 45) and 

24 the Federal Trade Commission shall enforce this title in 

25 the same manner, by the same means, and with the same 


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1 jurisdiction, powers, and duties as though all applicable 

2 terms and provisions of the Federal Trade Commission 

3 Act were incorporated into and made a part of this title, 

4 including issuing a cease and desist order granting any 

5 individual relief warranted under the circumstances, in6 cluding temporary, preliminary, and permanent injunctive 

7 relief and compensatory damages. 

8 (b) PRIVATE CAUSE OF ACTION.— 

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

10 believes that they have been adversely affected by an 

11 act or practice of an insurer in violation of this title 

12 may maintain an action against the insurer in a 

13 Federal or State court of original jurisdiction. 

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

15 preponderance of the evidence in an action described 

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

17 relief, including temporary, preliminary, and perma18 nent injunctive relief and compensatory and punitive 

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

20 fees for the aggrieved individual’s attorneys and ex21 pert witnesses. 

22 (3) STATUTORY DAMAGES.—With respect to 

23 compensatory damages in an action described in 

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

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


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1 recover in lieu of actual damages, an award of statu2 tory damages in the amount of $5,000 for each vio3 lation. 

4 SEC. 409. EFFECTIVE DATE. 

5 This title shall apply with respect to any action taken 

6 on or after the date of enactment of this Act. 

7 TITLE V—SEVERABILITY 

8 SEC. 501. SEVERABILITY. 

9 If any provision of this Act, any amendment made 

10 by this Act, or the application of such provision or amend11 ment to any person or circumstance is held to be unconsti12 tutional, the remainder of the provisions of this Act, the 

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

14 provisions or amendments to any person or circumstance 

15 shall not be affected. 

Æ 


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