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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1979 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 1979

To require employers to post, and to provide to employees individually, 
 information relating to sexual harassment that violates title VII of 
         the Civil Rights Act of 1964, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             March 24 (legislative day, February 22), 1994

   Mrs. Murray (for herself, Mrs. Feinstein, Ms. Moseley-Braun, Mrs. 
Boxer, Mr. Kennedy, and Mr. Durenberger) introduced the following bill; 
 which was read twice and referred to the Committee on Labor and Human 
                               Resources

_______________________________________________________________________

                                 A BILL

 
To require employers to post, and to provide to employees individually, 
 information relating to sexual harassment that violates title VII of 
         the Civil Rights Act of 1964, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sexual Harassment Prevention Act of 
1994''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) Sexual harassment in employment persists widely in the 
        workplace, although it violates title VII of the Civil Rights 
        Act of 1964 (42 U.S.C. 2000e et seq.) and adversely affects 
        employees.
            (2) According to guidelines issued by the Equal Employment 
        Opportunity Commission in 1980, the most effective tool for 
        eliminating sexual harassment is prevention.
            (3) The Merit Systems Protection Board found in 1981 and 
        1988 surveys of Federal Government employees that 42 percent of 
        female employees and 14 percent of male employees questioned 
        had experienced some kind of harassment in employment. The 
        American Psychological Association estimates that at least 50 
        percent of all working women have been sexually harassed at the 
        workplace during their careers.
            (4) The vast majority of sexual harassment episodes go 
        unreported to a supervisory employee or other individual 
        designated by the employer. Only 5 percent of the Government 
        employees who indicated in the 1988 Merit Systems Protection 
        Board survey that they had been harassed filed a formal 
        complaint or requested an investigation of the harassment.
            (5) Sexual harassment has a significant cost for employees 
        and employers. A 1988 study by Working Woman Magazine shows 
        that sexual harassment costs a typical ``Fortune 500'' employer 
        $6,000,000, or $292.53 per employee, each year. The same study 
        estimates that it is 34 times more expensive for such an 
        employer to ignore the problem than to establish effective 
        programs and policies to address the problem.
    (b) Purposes.--The purposes of this Act are--
            (1) to establish workplace requirements that will reduce 
        the incidence of sexual harassment in employment;
            (2) to provide a low-cost system to assist employers to 
        establish programs and policies to prevent sexual harassment in 
        employment;
            (3) to raise the awareness of employees of the definition 
        of sexual harassment and of available avenues of redress; and
            (4) to increase the authority and capacity of the Equal 
        Employment Opportunity Commission, and other enforcement 
        agencies, to assist in preventing sexual harassment in 
        employment.

SEC. 3. EMPLOYER REQUIREMENTS.

    (a) Posting of Notice in the Workplace.--Each employer shall post 
and keep posted in conspicuous places upon its premises where notices 
to employees and applicants for employment are customarily posted, a 
notice that shall be prepared or approved by the appropriate primary 
enforcement agency and shall set forth--
            (1) the definition of sexual harassment found in section 
        1604.11(a) of title 29, Code of Federal Regulations (or any 
        corresponding similar regulation);
            (2) the fact that sexual harassment in employment is a 
        violation of Federal law;
            (3) information describing how to file with the primary 
        enforcement agency a complaint alleging such harassment, 
        including information on the time periods within which an 
        alleged victim of discrimination (including sexual harassment) 
        must file a charge with the primary enforcement agency, or a 
        State or local fair employment agency, in order to satisfy the 
        applicable statute of limitations;
            (4) an address, and the toll-free telephone number, to be 
        used to contact the appropriate enforcement agency regarding 
        such harassment or compliance with the requirements of this 
        Act; and
            (5) such other information as the primary enforcement 
        agency may require.
    (b) Separate Notice to Individual Employees.--
            (1) Contents.--Each employer shall provide annually to each 
        employee individually a written notice that includes--
                    (A) the information specified in paragraphs (1) 
                through (4) of subsection (a);
                    (B) a description of the procedures established by 
                such employer to resolve allegations of sexual 
                harassment in employment; and
                    (C) such other information as the appropriate 
                primary enforcement agency may require.
            (2) Manner of notice.--Such notice shall be provided in a 
        manner that ensures that such employee actually receives such 
        notice.
    (c) Management Information for Supervisory Employees.--Not later 
than 60 days after an employer places an individual in a supervisory 
employment position or 1 year after the date of the enactment of this 
Act, whichever occurs later, such employer shall provide to the 
supervisory employee information specifying the responsibilities of, 
and the methods to be used by, such employee to ensure that immediate 
and corrective action is taken to address allegations of sexual 
harassment in employment.
    (d) Civil Penalty.--A willful violation of this section shall be 
punishable by a civil penalty of not more than $1,000 for each separate 
violation.

SEC. 4. DUTIES OF THE ENFORCEMENT AGENCIES.

    (a) Technical Assistance Materials.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, each primary enforcement agency 
        shall prepare and make available to employers at no cost to the 
        employers (by publication in the Federal Register or other 
        means)--
                    (A) a model notice of the kind required by section 
                3(a) to be posted;
                    (B) a model notice of the kind required by section 
                3(b) to be provided to employees; and
                    (C) voluntary guidelines for the establishment of 
                policies and procedures by employers to address 
                allegations of discrimination (including sexual 
                harassment) in employment.
            (2) Revisions.--The primary enforcement agency shall 
        periodically review and, as appropriate, revise the notices and 
        guidelines described in subparagraphs (A) through (C) of 
        paragraph (1).
    (b) Toll-Free Telephone Number.--Not later than 180 days after the 
date of the enactment of this Act, the primary enforcement agency shall 
provide a toll-free telephone number for use by employees and employers 
in the United States to obtain--
            (1) information regarding compliance with this Act; and
            (2) the model notices and guidelines prepared under 
        subsection (a).

SEC. 5. ENFORCEMENT.

    (a) Private Employees; Executive Employees; Employees of 
Instrumentalities; State Employees.--If an employee described in 
subparagraph (A), (B), (E), or (F) of section 6(2) alleges a violation 
of section 3, the Commission shall enforce the section in the same 
manner as the Commission enforces section 711 of the Civil Rights Act 
of 1964 (42 U.S.C. 2000e-10).
    (b) House of Representatives Employees.--
            (1) Hearing.--If an employee described in section 6(2)(C) 
        alleges a violation of section 3, the Office of Fair Employment 
        Practices of the House of Representatives (or such entity as 
        the House of Representatives may designate) shall consider the 
        allegation in accordance with the hearing procedures provided 
        in clause 6 of Rule LI of the Rules of the House of 
        Representatives of the 103d Congress (or any other provision 
        that continues in effect the provisions of such rule). In 
        carrying out such procedures, such Office or entity shall 
        permit an employee, or a representative of the Office or 
        entity, to file a complaint not later than 180 days after the 
        alleged violation, and shall not require compliance with any 
        counseling and mediation procedures provided in such rule or 
        provision.
            (2) Review.--Any party to a proceeding conducted under 
        paragraph (1) may seek review of a final decision resulting 
        from such proceeding. Such review shall be conducted by such 
        Office or entity in accordance with the review procedures 
        provided in clause 7 of such rule (or such other provision).
            (3) Procedures.--In conducting a proceeding under paragraph 
        (1) or (2), such Office or entity shall conduct the proceeding 
        in accordance with any requirement of such rule (or such other 
        provision) that relates to such a proceeding, including a 
        requirement relating to agreements, costs, closed hearings and 
        confidentiality, and requests for witnesses and information.
            (4) Remedies.--Following a proceeding under paragraph (1) 
        or (2), if the Office or entity finds that an employer is not 
        in compliance with section 3, such Office or entity may order 
        the civil penalty described in section 3(d).
    (c) Senate Employees.--
            (1) Hearing.--If an employee described in section 6(2)(D) 
        alleges a violation of section 3, the Office of Senate Fair 
        Employment Practices (or such entity as the Senate may 
        designate) shall consider the allegation in accordance with the 
        hearing procedures provided in section 307 of the Government 
        Employee Rights Act of 1991 (2 U.S.C. 1207) (or any other 
        provision that continues in effect the provisions of such Act). 
        In carrying out such procedures, such Office or entity shall 
        permit an employee, or a representative of such Office or 
        entity, to file a complaint not later than 180 days after the 
        alleged violation, and shall not require compliance with any 
        counseling and mediation procedures provided in such Act or 
        provision.
            (2) Review.--Any party to a proceeding conducted under 
        paragraph (1) may seek review of a final decision resulting 
        from such proceeding. Such review shall be conducted by the 
        Select Committee on Ethics (or by such entity as the Senate may 
        designate) in accordance with the review procedures provided in 
        section 308 of such Act (or such other provision).
            (3) Judicial review.--Any party to a proceeding conducted 
        under paragraph (2) may seek review of a final decision 
        resulting from such proceeding. Such review shall be conducted 
        by the United States Court of Appeals for the Federal Circuit 
        in accordance with the procedures provided in section 309 of 
        such Act.
            (4) Procedures.--In conducting a proceeding under paragraph 
        (1) or (2), the appropriate Office, Committee, or entity shall 
        conduct the proceeding in accordance with any requirement of 
        such Act (or such other provision) that relates to such a 
        proceeding, including a requirement relating to agreements, 
        costs, closed hearings and confidentiality, and requests for 
        witnesses and information.
            (5) Remedies.--Following a proceeding under paragraph (1), 
        (2), or (3), if the appropriate Office, Committee, entity, or 
        court finds that an employer is not in compliance with section 
        3, the Office, Committee, entity, or court may order the civil 
        penalty described in section 3(d).

SEC. 6. DEFINITIONS.

    As used in this Act:
            (1) Commission.--The term ``Commission'' means the Equal 
        Employment Opportunity Commission.
            (2) Employee.--The term ``employee'' means--
                    (A) an employee as defined in section 701(f) of the 
                Civil Rights Act of 1964 (42 U.S.C. 2000e(f));
                    (B) an employee referred to in section 717(a) of 
                such Act (42 U.S.C. 2000e-16(a));
                    (C) an employee in an employment position of the 
                House of Representatives;
                    (D) a Senate employee as defined in section 
                301(c)(1) of the Government Employee Rights Act of 1991 
                (2 U.S.C. 1201(c)(1));
                    (E) an employee (other than an employee described 
                in subparagraph (B) or (D)) in an employment position 
                of an instrumentality of the Congress; and
                    (F) an individual referred to in section 321(a) of 
                the Civil Rights Act of 1991 (2 U.S.C. 1220(a)).
            (3) Employer.--The term ``employer'' means--
                    (A) an employer as defined in section 701(b) of the 
                Civil Rights Act of 1964 (42 U.S.C. 2000e(b));
                    (B) a Federal entity, or entity of the Government 
                of the District of Columbia, to which section 717(a) of 
                the Civil Rights Act of 1964 (42 U.S.C. 2000e-16(a)) 
                applies;
                    (C) an employing authority of the House of 
                Representatives, of the Senate, or of an 
                instrumentality of the Congress; and
                    (D) an elected official described in section 321(a) 
                of the Civil Rights Act of 1991.
            (4) Instrumentality of the congress.--The term 
        ``instrumentality of the Congress'' means the Architect of the 
        Capitol, the Congressional Budget Office, the General 
        Accounting Office, the Government Printing Office, the Library 
        of Congress, the Office of Technology Assessment, the United 
        States Botanic Garden, and any other office of the legislative 
        branch of the Federal Government.
            (5) Primary enforcement agency.--The term ``primary 
        enforcement agency'' means--
                    (A) with respect to any matter relating to an 
                allegation of sexual harassment of an employee 
                described in subparagraph (A), (B), (E), or (F) of 
                paragraph (2), the Commission;
                    (B) with respect to any matter relating to an 
                allegation of sexual harassment of an employee 
                described in paragraph (2)(C), the Office of Fair 
                Employment Practices of the House of Representatives 
                (or such entity as the House of Representatives may 
                designate); and
                    (C) with respect to any matter relating to an 
                allegation of sexual harassment of an employee 
                described in paragraph (2)(D), the Office of Senate 
                Fair Employment Practices (or such entity as the Senate 
                may designate).
            (6) Sexual harassment.--The term ``sexual harassment'' has 
        the same meaning as such term has for purposes of title VII of 
        the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.).

SEC. 7. EFFECTIVE DATES.

    (a) General Effective Date.--Except as provided in subsection (b), 
this Act shall take effect on the date of the enactment of this Act.
    (b) Employer Requirements.--Section 3 shall take effect 1 year 
after the date of the enactment of this Act.

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