I 

111TH CONGRESS 

2D SESSION H. R. 4885 

To protect the civil rights of victims of gender-motivated violence and to 

promote public safety, health, and regulate activities affecting interstate 

commerce by creating employer liability for negligent conduct that results 

in an individual’s committing a gender-motivated crime of violence 

against another individual on premises controlled by the employer, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 18, 2010 

Mrs. MALONEY introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committee on the 

Judiciary, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To protect the civil rights of victims of gender-motivated 

violence and to promote public safety, health, and regulate activities affecting interstate commerce by creating 

employer liability for negligent conduct that results in 

an individual’s committing a gender-motivated crime of 

violence against another individual on premises controlled 

by the employer, and for other purposes. 

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


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1 SECTION 1. NEGLIGENTLY ALLOWING GENDER-MOTIVATED 

2 VIOLENCE. 

3 An employer— 

4 (1) whose business is in or affects interstate or 

5 foreign commerce; and 

6 (2) whose negligent conduct results in a per7 son’s (including a person who acts under color of 

8 statute, ordinance, regulation, custom, or usage of 

9 any State) committing a crime of violence motivated 

10 by gender against another person on premises under 

11 the control of the employer; 

12 shall be liable to the party injured, in an action for the 

13 recovery of compensatory and punitive damages, injunc14 tive and declaratory relief, and such other relief as a court 

15 may deem appropriate. 

16 SEC. 2. DEFINITIONS. 

17 As used in this Act— 

18 (1) the term ‘‘crime of violence motivated by 

19 gender’’ means a crime of violence committed be20 cause of gender or on the basis of gender; and 

21 (2) the term ‘‘crime of violence’’— 

22 (A) means an act or series of acts that 

23 would constitute a crime, for which imprison24 ment of more than one year may be imposed, 

25 against the person of another if that crime is 


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1 a crime of violence as defined in section 16 of 

2 title 18, United States Code; and 

3 (B) includes any conduct that would con4 stitute a crime described in subparagraph (A) 

5 but for the relationship between the person en6 gaging in that conduct and the individual 

7 against whom such conduct is directed. 

8 SEC. 3. LIMITATION AND PROCEDURE. 

9 (a) LIMITATION.—Nothing in this Act entitles a per10 son to a cause of action under section 1 for random acts 

11 of violence unrelated to gender or for acts that cannot be 

12 demonstrated, by a preponderance of the evidence, to be 

13 motivated by gender. 

14 (b) NO PRIOR CRIMINAL ACTION.—Nothing in this 

15 section requires a prior criminal complaint, prosecution, 

16 or conviction to establish the elements of a cause of action 

17 under section 1. 

18 (c) CONCURRENT JURISDICTION.—The Federal and 

19 State courts shall have concurrent jurisdiction over actions 

20 brought pursuant to this Act. 

21 SEC. 4. MATERIALS TO ASSIST EMPLOYERS. 

22 The Equal Employment Opportunity Commission 

23 shall create and provide materials to employers regarding 


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1 personnel policies and safety standards to assist employers 

2 in avoiding liability under this Act. 

Æ 


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