Combating Workplace Discrimination in Correctional Facilities Act of 2023

To prevent discrimination and retaliation against incarcerated workers, and for other purposes. 1. Short title This Act may be cited as the Combating Workplace Discrimination in Correctional Facilities Act of 2023 2. Elimination of required participation in the inmate work program (a) United States Code Section 4001(b) of title 18, United States Code, is amended by adding at the end the following: (3) The Attorney General may not require inmates to participate in a work program. . (b) Code of Federal Regulations The Attorney General shall amend sections 545.20 and 545.23 of title 28, Code of Federal Regulations, and any other regulations necessary, to comply with the amendment made in paragraph (1). 3. Elimination of administrative exhaustion requirement (a) In general Section 7(a) of the Civil Rights of Institutionalized Persons Act ( 42 U.S.C. 1997e(a) (a) Administrative exhaustion not required A prisoner confined in any jail, prison, or other correctional facility may bring an action with respect to prison conditions under section 1979 of the Revised Statutes of the United States ( 42 U.S.C. 1983 . (b) Applicability The amendment made by subsection (a) shall apply with respect to any action that is filed on or after the date of enactment of this Act. 4. Limitations on retaliation and discipline for refusal to work (a) Prohibition of retaliation for refusal To work Section 6 of the Civil Rights of Institutionalized Persons Act ( 42 U.S.C. 1997d (1) by striking No person (a) Reporting violations.— (2) by adding at the end: (b) Refusal To work No prisoner (as defined in section 7) shall be subjected to retaliation in any manner for refusal to work. . (b) Limitation on discipline (1) United States Code Section 4042 of title 18, United States Code, is amended— (A) by redesignating subsection (d) as subsection (e); and (B) by inserting after subsection (c) the following: (d) Limitation on discipline The Director of the Bureau of Prisons may not discipline a prisoner for refusing to work. . (2) Code of Federal Regulations The Attorney General shall amend sections 541.3 and 545.24(c) of title 28, Code of Federal Regulations, and any other regulations necessary, to comply with the amendment made in paragraph (1). 5. Nondiscrimination in employment and public services (a) Civil Rights Act of 1964 (1) In general Section 701 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e (A) in subsection (b), by inserting (including an entity that operates, directly or by contract, a correctional facility, with respect to employment of persons including incarcerated workers) industry affecting commerce (B) in subsection (f), by inserting (including an incarcerated worker) an individual (C) by adding at the end the following: (o) The term correctional facility (p) In subsections (b) and (f), the term employ 29 U.S.C. 203 (q) The term incarcerated worker . (2) Exception Section 703(a)(2) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2(a)(2) , except that a correctional facility may segregate incarcerated workers into separate facilities by sex if necessary to maintain privacy or institutional order (3) Conforming amendment Section 717(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16(a) This section shall not apply to a Federal department, agency, or unit that operates, directly or by contract, a correctional facility, with respect to employment of persons including incarcerated workers. (b) Americans with Disabilities Act of 1990; Rehabilitation Act of 1973 (1) In general Each agency that operates a correctional facility (directly or by contract with a private entity) shall— (A) provide to each incarcerated worker notice of the worker's rights under the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. 29 U.S.C. 794 (B) implement policies and training to ensure compliance with the Americans with Disabilities Act of 1990 and section 504 of the Rehabilitation Act of 1973, with respect to those facilities; (C) annually prepare a report that contains an evaluation of the agency's compliance with the Americans with Disabilities Act of 1990 and section 504 of the Rehabilitation Act of 1973, with respect to those facilities; and (D) submit the report described in subparagraph (C) to the Attorney General, who shall make the report publicly available on the website of the Department of Justice. (2) Noncompliance The Attorney General shall determine, and implement, appropriate remedies for the failure of an agency covered by paragraph (1) to submit a report required by paragraph (1). (3) Definitions In this section, the terms correctional facility incarcerated worker 42 U.S.C. 2000e

Summary: Combating Workplace Discrimination in Correctional Facilities Act of 2023 This bill provides certain rights and protections for prisoners who refuse to or do not work while in prison. Specifically, the bill prohibits the Department of Justice from requiring a prisoner to participate in a work program. Additionally, the bill allows a prisoner to file a civil rights lawsuit under federal law without first exhausting all administrative remedies. Currently, a prisoner must exhaust all administrative remedies before filing such a lawsuit. The bill prohibits any retaliation against a prisoner for refusal to work. It also prohibits the Bureau of Prisons from disciplining a prisoner for refusal to work. Finally, the bill extends other federal statutory protections to prisoners by (1) including correctional facilities as covered employers and prisoners as covered employees under the Civil Rights Act of 1964 with respect to employment-related discrimination against imprisoned workers, and (2) requiring correctional facilities to implement certain policies and procedures to ensure compliance with the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973.