I

104TH CONGRESS

2D SESSION H. R. 3646

To provide private remedies for certain instances of sexual harassment, and

to provide additional funding for the Equal Employment Opportunity

Commission.

IN THE HOUSE OF REPRESENTATIVES

JUNE 13, 1996

Mrs. LOWEY (for herself, Ms. NORTON, Mr. CONYERS, Mr. WATT of North

Carolina, Ms. JACKSON-LEE, Ms. WOOLSEY, Ms. PELOSI, Mrs. MEEK of

Florida, Ms. EDDIE BERNICE JOHNSON of Texas, Mrs. MALONEY, Mrs.

CLAYTON, Ms. RIVERS, Ms. MCKINNEY, Ms. BROWN of Florida, Mr.

ABERCROMBIE, Mr. ACKERMAN, Mr. BROWN of California, Mr. DOOLEY

of California, Mr. FROST, Mr. GUTIERREZ, Mr. HILLIARD, Mr. LANTOS,

and Mr. THOMPSON) introduced the following bill; which was referred to

the Committee on the Judiciary, and in addition to the Committee on

Economic and Educational Opportunities, 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 provide private remedies for certain instances of sexual

harassment, and to provide additional funding for the

Equal Employment Opportunity Commission.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Sexual Harassment

5 Prevention Act of 1996’’.
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1 SEC. 2. CIVIL ACTION.

2 (a) GENERALLY.—Whoever (including a govern3 mental entity), in or affecting interstate or foreign com4 merce—

5 (1) engages in any sexual harassment; or

6 (2) retaliates against any person for opposing

7 sexual harassment or filing a complaint, or otherwise

8 participating in any manner, in a civil action under

9 paragraph (1);

10 shall be liable to the person injured by that harassment

11 or retaliation for any appropriate relief, which may include

12 money damages. In a civil action under this section, the

13 court may award a prevailing plaintiff a reasonable attor14 neys’ fee and other litigation expenses (including expert

15 witness fees) as a part of the costs.

16 (b) WHAT CONSTITUTES SEXUAL HARASSMENT.—

17 (1) GENERALLY.—As used in this section, the

18 term ‘‘sexual harassment’’ means conduct described

19 in paragraph (2) in a relationship described in para20 graph (3).

21 (2) CONDUCT.—The conduct referred to in

22 paragraph (1) is an unwelcome sexual advance, un23 welcome request for sexual favors, or other unwel24 come conduct of a sexual nature where—
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1 (A) submission to such conduct is either

2 explicitly or implicitly a term or condition of the

3 relationship described in paragraph (3);

4 (B) submission to or rejection of such con5 duct is the basis for decisions or actions regard6 ing the person who submitted to or rejected

7 that conduct; or

8 (C) such conduct has the purpose or effect

9 of unreasonably interfering with the relation10 ship described in paragraph (3) or creates an

11 intimidating, hostile, or offensive environment

12 within that relationship.

13 (3) RELATIONSHIP.—The relationship referred

14 to in paragraphs (1) and (2) is a relationship—

15 (A) between a patient and a physician,

16 psychotherapist, or dentist;

17 (B) between a client and an attorney, mar18 riage, family, or child counselor, social worker,

19 or accountant;

20 (C) between a beneficiary and an executor,

21 trustee, or administrator of a trust or estate;

22 (D) between an employee and an employer,

23 if the employer has fewer than 15 employees for

24 each working day in each of 33 or more cal-
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1 endar weeks in the current and in the preceding

2 calendar year; or

3 (E) between the parties to a contract or

4 between persons negotiating a contract or seek5 ing to enforce claimed rights under a contract.

6 (c) EFFECTIVE DATE.—This Act shall take effect

7 180 days after the date of the enactment of this Act.

8 SEC. 3. ADDITIONAL FUNDING FOR THE EQUAL EMPLOY9 MENT OPPORTUNITY COMMISSION.

10 In addition to any other sums authorized to be appro11 priated to the Equal Employment Opportunity Commis12 sion, there are authorized to be appropriated to such Com13 mission $268,000,000 for fiscal year 1997, and such sums

14 thereafter as may be necessary.

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