(12) Ninety-four percent of corporate security 
and safety directors at companies nationwide rank 
domestic violence as a high security concern. 
(13) Women who have experienced domestic vi-
olence or dating violence are more likely than other 
women to be unemployed, to suffer from health 
problems that can affect employability and job per-
formance, to report lower personal income, and to 
rely on welfare. 
(14) Studies indicate that one of the best pre-
dictors of whether a victim will be able to stay away 
from her abuser is her degree of economic independ-
ence. However, domestic violence, dating violence, 
sexual assault, and stalking often negatively impact 
a victim’s ability to maintain employment. 
(15) According to a 1998 report of the General 
Accounting Office, between 1⁄4 and 1⁄2 of domestic 
violence victims surveyed in 3 studies reported that 
they lost a job due, at least in part, to domestic vio-
lence. 
(16) Employees in the United States who have 
been victims of domestic violence, dating violence, 
sexual assault, or stalking too often suffer adverse 
consequences in the workplace as a result of their 
victimization. 
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(17) Domestic violence also affects abusers’ 
ability to work. A recent study found that 48 per-
cent of abusers reported having difficulty concen-
trating at work and 42 percent reported being late 
to work. Seventy-eight percent reported using their 
own company’s resources in connection with the abu-
sive relationship. 
(18) Abusers frequently seek to exert financial 
control over their partners by actively interfering 
with their ability to work, including preventing their 
partners from going to work, harassing their part-
ners at work, limiting the access of their partners to 
cash or transportation, and sabotaging the child care 
arrangements of their partners. 
(19) Studies indicate that between 35 and 56 
percent of employed battered women surveyed were 
harassed at work by their abusive partners. 
(20) More than 1⁄2 of women receiving welfare 
have been victims of domestic violence as adults and 
between 1⁄4 and 1⁄3 of women receiving welfare re-
ported being abused in the last year. 
(21) Victims of domestic violence also fre-
quently miss work due to injuries, court dates, and 
safety concerns requiring legal protections. Victims 
of intimate partner violence lose 8,000,000 days of 
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paid work each year, the equivalent of over 32,000 
full-time jobs and 5,600,000 days of household pro-
ductivity. 
(22) Approximately 10,200,000 people have 
been stalked at some time in their lives. Four out of 
every 5 stalking victims are women. Stalkers harass 
and terrorize their victims by spying on the victims, 
standing outside their places of work or homes, mak-
ing unwanted phone calls, sending or leaving un-
wanted letters or items, or vandalizing property. 
(23) More than 35 percent of stalking victims 
report losing time from work due to the stalking and 
7 percent never return to work. 
(24) The prevalence of sexual assault and other 
violence against women at work is also dramatic. 
About 36,500 individuals, 80 percent of whom are 
women, were raped or sexually assaulted in the 
workplace each year from 1993 through 1999. Half 
of all female victims of violent workplace crimes 
know their attackers. Nearly 1 out of 10 violent 
workplace incidents are committed by partners or 
spouses. Women who work for State and local gov-
ernments suffer a higher incidence of workplace as-
saults, including rapes, than women who work in the 
private sector. 
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(25) According to recent government estimates, 
approximately 987,400 rapes occur annually in the 
United States, with 89 percent of the rapes per-
petrated against female victims. Since 2001, rapes 
have actually increased by 4 percent. 
(26) Sexual assault, whether occurring in or out 
of the workplace, can impair an employee’s work 
performance, require time away from work, and un-
dermine the employee’s ability to maintain a job. Al-
most 50 percent of sexual assault survivors lose their 
jobs or are forced to quit in the aftermath of the as-
saults. An estimated 24 to 30 percent of abused 
working women lose their jobs due to their abuse. 
(27) Domestic and sexual violence victims have 
been subjected to discrimination by private and 
State employers, including discrimination motivated 
by sex and stereotypic notions about women. 
(28) Domestic violence victims and third parties 
who help them have been subjected to discriminatory 
practices by health, life, disability, and property and 
casualty insurers and employers who self-insure em-
ployee benefits, who have denied or canceled cov-
erage, rejected claims, and raised rates based on do-
mestic violence. Although some State legislatures 
have tried to address those practices, the scope of 
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protection afforded by the laws adopted varies from 
State to State, with many failing to address the 
problem involved comprehensively. Moreover, Federal 
law prevents States from protecting the almost 40 
percent of employees whose employers self-insure 
employee benefits. 
(29) No States, with the exception of Illinois, 
prohibit employment discrimination against all vic-
tims of domestic violence, sexual assault, or stalking. 
(30) Employees, including individuals partici-
pating in welfare-to-work programs, may need to 
take time during business hours to— 
(A) obtain orders of protection; 
(B) seek medical or legal assistance, coun-
seling, or other services; or 
(C) look for housing in order to escape 
from domestic violence. 
(31) Only 8 States provide domestic violence 
victims with leave from work to go to court, to go 
to the doctor, or to take other steps to address the 
domestic violence in their lives. 
(32) Only 27 States and the District of Colum-
bia have laws that explicitly provide unemployment 
insurance to domestic violence victims in certain cir-
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cumstances, and none of the laws explicitly cover vic-
tims of sexual assault or stalking. 
(33) Existing Federal law does not explicitly— 
(A) authorize victims of domestic violence, 
dating violence, sexual assault, or stalking to 
take leave from work to seek legal assistance 
and redress, counseling, or assistance with safe-
ty planning activities; 
(B) address the eligibility of victims of do-
mestic violence, dating violence, sexual assault, 
or stalking for unemployment compensation; 
(C) prohibit employment discrimination 
against actual or perceived victims of domestic 
violence, dating violence, sexual assault, or 
stalking; or 
(D)(i) prohibit insurers and employers who 
self-insure employee benefits from discrimi-
nating against domestic violence victims and 
those who help them in determining eligibility, 
rates charged, and standards for payment of 
claims; or 
(ii) prohibit insurers from disclosing infor-
mation about abuse and the location of the vic-
tims through insurance databases and other 
means. 
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SEC. 3. DEFINITIONS. 
In this Act, except as otherwise expressly provided: 
(1) COMMERCE.—The terms ‘‘commerce’’ and 
‘‘industry or activity affecting commerce’’ have the 
meanings given the terms in section 101 of the 
Family and Medical Leave Act of 1993 (29 U.S.C. 
2611). 
(2) COURSE OF CONDUCT.—The term ‘‘course 
of conduct’’ means a course of repeatedly maintain-
ing a visual or physical proximity to a person or con-
veying verbal or written threats, including threats 
conveyed through electronic communications, or 
threats implied by conduct. 
(3) DATING VIOLENCE.—The term ‘‘dating vio-
lence’’ has the meaning given the term in section 
40002 of the Violence Against Women Act of 1994 
(42 U.S.C. 13925). 
(4) DOMESTIC VIOLENCE.—The term ‘‘domestic 
violence’’ has the meaning given the term in section 
40002 of the Violence Against Women Act of 1994 
(42 U.S.C. 13925). 
(5) DOMESTIC
VIOLENCE
COALITION.—The 
term ‘‘domestic violence coalition’’ means a non-
profit, nongovernmental membership organization 
that— 
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(A) consists of the entities carrying out a 
majority of the domestic violence programs car-
ried out within a State; 
(B) collaborates and coordinates activities 
with Federal, State, and local entities to further 
the purposes of domestic violence intervention 
and prevention; and 
(C) among other activities, provides train-
ing and technical assistance to entities carrying 
out domestic violence programs within a State, 
territory, political subdivision, or area under 
Federal authority. 
(6) ELECTRONIC COMMUNICATIONS.—The term 
‘‘electronic communications’’ includes communica-
tions via telephone (including mobile phone), com-
puter, e-mail, video recorder, fax machine, telex, or 
pager. 
(7) EMPLOY; STATE.—The terms ‘‘employ’’ and 
‘‘State’’ have the meanings given the terms in sec-
tion 3 of the Fair Labor Standards Act of 1938 (29 
U.S.C. 203). 
(8) EMPLOYEE.— 
(A) IN GENERAL.—The term ‘‘employee’’ 
means any person employed by an employer. In 
the case of an individual employed by a public 
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agency, such term means an individual em-
ployed as described in section 3(e)(2) of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 
203(e)(2)). 
(B) BASIS.—The term includes a person 
employed as described in subparagraph (A) on 
a full- or part-time basis, for a fixed time pe-
riod, on a temporary basis, pursuant to a detail, 
or as a participant in a work assignment as a 
condition of receipt of Federal or State income- 
based public assistance. 
(9) EMPLOYER.—The term ‘‘employer’’— 
(A) means any person engaged in com-
merce or in any industry or activity affecting 
commerce who employs 15 or more individuals; 
and 
(B) includes any person acting directly or 
indirectly in the interest of an employer in rela-
tion to an employee, and includes a public agen-
cy that employs individuals as described in sec-
tion 3(e)(2) of the Fair Labor Standards Act of 
1938, but does not include any labor organiza-
tion (other than when acting as an employer) or 
anyone acting in the capacity of officer or agent 
of such labor organization. 
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(10) EMPLOYMENT BENEFITS.—The term ‘‘em-
ployment benefits’’ means all benefits provided or 
made available to employees by an employer, includ-
ing group life insurance, health insurance, disability 
insurance, sick leave, annual leave, educational bene-
fits, and pensions, regardless of whether such bene-
fits are provided by a practice or written policy of 
an employer or through an ‘‘employee benefit plan’’, 
as defined in section 3(3) of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C. 
1002(3)). 
(11) FAMILY OR HOUSEHOLD MEMBER.—The 
term ‘‘family or household member’’, used with re-
spect to a person, means a nonabusive individual 
who is a spouse, former spouse, parent, son or 
daughter, or person residing or formerly residing in 
the same dwelling unit as the person. 
(12) PARENT; SON OR DAUGHTER.—The terms 
‘‘parent’’ and ‘‘son or daughter’’ have the meanings 
given the terms in section 101 of the Family and 
Medical Leave Act of 1993 (29 U.S.C. 2611). 
(13) PERSON.—The term ‘‘person’’ has the 
meaning given the term in section 3 of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 203). 
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(14) PUBLIC AGENCY.—The term ‘‘public agen-
cy’’ has the meaning given the term in section 3 of 
the Fair Labor Standards Act of 1938 (29 U.S.C. 
203). 
(15) PUBLIC ASSISTANCE.—The term ‘‘public 
assistance’’ includes cash, food stamps, medical as-
sistance, housing assistance, and other benefits pro-
vided on the basis of income by a public agency. 
(16) REDUCED LEAVE SCHEDULE.—The term 
‘‘reduced leave schedule’’ means a leave schedule 
that reduces the usual number of hours per work-
week, or hours per workday, of an employee. 
(17) REPEATEDLY.—The term ‘‘repeatedly’’ 
means on 2 or more occasions. 
(18) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Labor. 
(19) SEXUAL ASSAULT.—The term ‘‘sexual as-
sault’’ has the meaning given the term in section 
40002 of the Violence Against Women Act of 1994 
(42 U.S.C. 13925). 
(20) SEXUAL ASSAULT COALITION.—The term 
‘‘sexual assault coalition’’ means a nonprofit, non-
governmental membership organization that— 
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(A) consists of the entities carrying out a 
majority of the sexual assault programs carried 
out within a State; 
(B) collaborates and coordinates activities 
with Federal, State, and local entities to further 
the purposes of sexual assault intervention and 
prevention; and 
(C) among other activities, provides train-
ing and technical assistance to entities carrying 
out sexual assault programs within a State, ter-
ritory, political subdivision, or area under Fed-
eral authority. 
(21) STALKING.—The term ‘‘stalking’’ has the 
meaning given the term in section 40002 of the Vio-
lence Against Women Act of 1994 (42 U.S.C. 
13925). 
(22) VICTIM OF DOMESTIC VIOLENCE, DATING 
VIOLENCE, SEXUAL ASSAULT, OR STALKING.—The 
term ‘‘victim of domestic violence, dating violence, 
sexual assault, or stalking’’ includes a person who 
has been a victim of domestic violence, dating vio-
lence, sexual assault, or stalking and a person whose 
family or household member has been a victim of do-
mestic violence, dating violence, sexual assault, or 
stalking. 
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(23) VICTIM
SERVICES
ORGANIZATION.—The 
term ‘‘victim services organization’’ means a non-
profit, nongovernmental organization that provides 
assistance to victims of domestic violence, dating vio-
lence, sexual assault, or stalking, or to advocates for 
such victims, including a rape crisis center, an orga-
nization carrying out a domestic violence program, 
an organization operating a shelter or providing 
counseling services, or an organization providing as-
sistance through the legal process. 
TITLE 
I—ENTITLEMENT 
TO 
EMERGENCY LEAVE FOR AD-
DRESSING 
DOMESTIC 
VIO-
LENCE, 
DATING 
VIOLENCE, 
SEXUAL ASSAULT, OR STALK-
ING 
SEC. 101. PURPOSES. 
The purposes of this title are, pursuant to the affirm-
ative power of Congress to enact legislation under the por-
tions of section 8 of article I of the Constitution relating 
to providing for the general welfare and to regulation of 
commerce among the several States, and under section 5 
of the 14th amendment to the Constitution— 
(1) to promote the national interest in reducing 
domestic violence, dating violence, sexual assault, 
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and stalking by enabling victims of domestic vio-
lence, dating violence, sexual assault, or stalking to 
maintain the financial independence necessary to 
leave abusive situations, achieve safety, and mini-
mize the physical and emotional injuries from do-
mestic violence, dating violence, sexual assault, or 
stalking, and to reduce the devastating economic 
consequences of domestic violence, dating violence, 
sexual assault, or stalking to employers and employ-
ees; 
(2) to promote the national interest in ensuring 
that victims of domestic violence, dating violence, 
sexual assault, or stalking can recover from and cope 
with the effects of domestic violence, dating violence, 
sexual assault, or stalking, and participate in crimi-
nal and civil justice processes, without fear of ad-
verse economic consequences from their employers; 
(3) to ensure that victims of domestic violence, 
dating violence, sexual assault, or stalking can re-
cover from and cope with the effects of domestic vio-
lence, dating violence, sexual assault, or stalking, 
and participate in criminal and civil justice proc-
esses, without fear of adverse economic consequences 
with respect to public benefits; 
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(4) to promote the purposes of the 14th amend-
ment by preventing sex-based discrimination and 
discrimination against victims of domestic violence, 
dating violence, sexual assault, or stalking in em-
ployment leave, by addressing the failure of existing 
laws to protect the employment rights of victims of 
domestic violence, dating violence, sexual assault, or 
stalking, by protecting their civil and economic 
rights, and by furthering the equal opportunity of 
women for economic self-sufficiency and employment 
free from discrimination; 
(5) to minimize the negative impact on inter-
state commerce from dislocations of employees and 
harmful effects on productivity, employment, health 
care costs, and employer costs, caused by domestic 
violence, dating violence, sexual assault, or stalking, 
including intentional efforts to frustrate women’s 
ability to participate in employment and interstate 
commerce; 
(6) to further the goals of human rights and 
dignity reflected in instruments such as the Charter 
of the United Nations, the Universal Declaration of 
Human Rights, and the International Covenant on 
Civil and Political Rights; and 
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(7) to accomplish the purposes described in 
paragraphs (1) through (6) by— 
(A) entitling employed victims of domestic 
violence, dating violence, sexual assault, or 
stalking to take leave to seek medical help, legal 
assistance, counseling, safety planning, and 
other assistance without penalty from their em-
ployers; and 
(B) prohibiting employers from discrimi-
nating against actual or perceived victims of do-
mestic violence, dating violence, sexual assault, 
or stalking, in a manner that accommodates the 
legitimate interests of employers and protects 
the safety of all persons in the workplace. 
SEC. 102. ENTITLEMENT TO EMERGENCY LEAVE FOR AD-
DRESSING DOMESTIC VIOLENCE, DATING VI-
OLENCE, SEXUAL ASSAULT, OR STALKING. 
(a) LEAVE REQUIREMENT.— 
(1) BASIS.—An employee who is a victim of do-
mestic violence, dating violence, sexual assault, or 
stalking may take leave from work to address do-
mestic violence, dating violence, sexual assault, or 
stalking, by— 
(A) seeking medical attention for, or recov-
ering from, physical or psychological injuries 
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caused by domestic violence, dating violence, 
sexual assault, or stalking to the employee or 
the employee’s family or household member; 
(B) obtaining services from a victim serv-
ices organization for the employee or the em-
ployee’s family or household member; 
(C) obtaining psychological or other coun-
seling for the employee or the employee’s family 
or household member; 
(D) participating in safety planning, tem-
porarily or permanently relocating, or taking 
other actions to increase the safety of the em-
ployee or the employee’s family or household 
member from future domestic violence, dating 
violence, sexual assault, or stalking or ensure 
economic security; or 
(E) seeking legal assistance or remedies to 
ensure the health and safety of the employee or 
the employee’s family or household member, in-
cluding preparing for or participating in any 
civil or criminal legal proceeding related to or 
derived from domestic violence, dating violence, 
sexual assault, or stalking. 
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(2) PERIOD.—An employee may take not more 
than 30 days of leave, as described in paragraph (1), 
in any 12-month period. 
(3) SCHEDULE.—Leave described in paragraph 
(1) may be taken intermittently or on a reduced 
leave schedule. 
(b) NOTICE.—The employee shall provide the em-
ployer with reasonable notice of the employee’s intention 
to take the leave, unless providing such notice is not prac-
ticable. 
(c) CERTIFICATION.— 
(1) IN GENERAL.—The employer may require 
the employee to provide certification to the employer, 
within a reasonable period after the employer re-
quests the certification, that— 
(A) the employee or the employee’s family 
or household member is a victim of domestic vi-
olence, dating violence, sexual assault, or stalk-
ing; and 
(B) the leave is for 1 of the purposes enu-
merated in subsection (a)(1). 
(2) CONTENTS.—An employee may satisfy the 
certification requirement of paragraph (1) by pro-
viding to the employer— 
(A) a sworn statement of the employee; 
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(B) documentation from an employee, 
agent, or volunteer of a victim services organi-
zation, an attorney, a member of the clergy, or 
a medical or other professional, from whom the 
employee or the employee’s family or household 
member has sought assistance in addressing do-
mestic violence, dating violence, sexual assault, 
or stalking and the effects of domestic violence, 
dating violence, sexual assault, or stalking; 
(C) a police or court record; or 
(D) other corroborating evidence. 
(d) CONFIDENTIALITY.—All information provided to 
the employer pursuant to subsection (b) or (c), including 
a statement of the employee or any other documentation, 
record, or corroborating evidence, and the fact that the 
employee has requested or obtained leave pursuant to this 
section, shall be retained in the strictest confidence by the 
employer, except to the extent that disclosure is— 
(1) requested or consented to by the employee 
in writing; or 
(2) otherwise required by applicable Federal or 
State law. 
(e) EMPLOYMENT AND BENEFITS.— 
(1) RESTORATION TO POSITION.— 
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(A) IN GENERAL.—Except as provided in 
paragraph (2), any employee who takes leave 
under this section for the intended purpose of 
the leave shall be entitled, on return from such 
leave— 
(i) to be restored by the employer to 
the position of employment held by the em-
ployee when the leave commenced; or 
(ii) to be restored to an equivalent po-
sition with equivalent employment benefits, 
pay, and other terms and conditions of em-
ployment. 
(B) LOSS OF BENEFITS.—The taking of 
leave under this section shall not result in the 
loss of any employment benefit accrued prior to 
the date on which the leave commenced. 
(C) LIMITATIONS.—Nothing in this sub-
section shall be construed to entitle any re-
stored employee to— 
(i) the accrual of any seniority or em-
ployment benefits during any period of 
leave; or 
(ii) any right, benefit, or position of 
employment other than any right, benefit, 
or position to which the employee would 
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have been entitled had the employee not 
taken the leave. 
(D) 
CONSTRUCTION.—Nothing 
in 
this 
paragraph shall be construed to prohibit an em-
ployer from requiring an employee on leave 
under this section to report periodically to the 
employer on the status and intention of the em-
ployee to return to work. 
(2) EXEMPTION CONCERNING CERTAIN HIGHLY 
COMPENSATED EMPLOYEES.— 
(A) DENIAL
OF
RESTORATION.—An em-
ployer may deny restoration under paragraph 
(1) to any employee described in subparagraph 
(B) if— 
(i) such denial is necessary to prevent 
substantial and grievous economic injury to 
the operations of the employer; 
(ii) the employer notifies the employee 
of the intent of the employer to deny res-
toration on such basis at the time the em-
ployer determines that such injury would 
occur; and 
(iii) in any case in which the leave has 
commenced, the employee elects not to re-
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turn to employment after receiving such 
notice. 
(B) AFFECTED EMPLOYEES.—An employee 
referred to in subparagraph (A) is a salaried 
employee who is among the highest paid 10 per-
cent of the employees employed by the employer 
within 75 miles of the facility at which the em-
ployee is employed. 
(3) MAINTENANCE OF HEALTH BENEFITS.— 
(A) COVERAGE.—Except as provided in 
subparagraph (B), during any period that an 
employee takes leave under this section, the em-
ployer shall maintain coverage under any group 
health plan (as defined in section 5000(b)(1) of 
the Internal Revenue Code of 1986) for the du-
ration of such leave at the level and under the 
conditions coverage would have been provided if 
the employee had continued in employment con-
tinuously for the duration of such leave. 
(B) FAILURE TO RETURN FROM LEAVE.— 
The employer may recover the premium that 
the employer paid for maintaining coverage for 
the employee under such group health plan dur-
ing any period of leave under this section if— 
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(i) the employee fails to return from 
leave under this section after the period of 
leave to which the employee is entitled has 
expired; and 
(ii) the employee fails to return to 
work for a reason other than— 
(I) the continuation of, recur-
rence of, or onset of an episode of do-
mestic violence, dating violence, sexual 
assault, or stalking, that entitles the 
employee to leave pursuant to this 
section; or 
(II) other circumstances beyond 
the control of the employee. 
(C) CERTIFICATION.— 
(i) ISSUANCE.—An employer may re-
quire an employee who claims that the em-
ployee is unable to return to work because 
of a reason described in subclause (I) or 
(II) of subparagraph (B)(ii) to provide, 
within a reasonable period after making 
the claim, certification to the employer 
that the employee is unable to return to 
work because of that reason. 
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(ii) CONTENTS.—An employee may 
satisfy the certification requirement of 
clause (i) by providing to the employer— 
(I) a sworn statement of the em-
ployee; 
(II) documentation from an em-
ployee, agent, or volunteer of a victim 
services organization, an attorney, a 
member of the clergy, or a medical or 
other professional, from whom the 
employee or the employee’s family or 
household member has sought assist-
ance in addressing domestic violence, 
dating violence, sexual assault, or 
stalking and the effects of domestic 
violence, dating violence, sexual as-
sault, or stalking; 
(III) a police or court record; or 
(IV) other corroborating evi-
dence. 
(D) CONFIDENTIALITY.—All information 
provided to the employer pursuant to subpara-
graph (C), including a statement of the em-
ployee or any other documentation, record, or 
corroborating evidence, and the fact that the 
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employee is not returning to work because of a 
reason described in subclause (I) or (II) of sub-
paragraph (B)(ii), shall be retained in the 
strictest confidence by the employer, except to 
the extent that disclosure is— 
(i) requested or consented to by the 
employee; or 
(ii) otherwise required by applicable 
Federal or State law. 
(f) PROHIBITED ACTS.— 
(1) INTERFERENCE WITH RIGHTS.— 
(A) EXERCISE OF RIGHTS.—It shall be un-
lawful for any employer to interfere with, re-
strain, or deny the exercise of or the attempt to 
exercise, any right provided under this section. 
(B) EMPLOYER DISCRIMINATION.—It shall 
be unlawful for any employer to discharge or 
harass any individual, or otherwise discriminate 
against any individual with respect to com-
pensation, terms, conditions, or privileges of 
employment of the individual (including retalia-
tion in any form or manner) because the indi-
vidual— 
(i) exercised any right provided under 
this section; or 
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(ii) opposed any practice made unlaw-
ful by this section. 
(C) PUBLIC AGENCY SANCTIONS.—It shall 
be unlawful for any public agency to deny, re-
duce, or terminate the benefits of, otherwise 
sanction, or harass any individual, or otherwise 
discriminate against any individual (including 
retaliation in any form or manner) with respect 
to the amount, terms, or conditions of public 
assistance of the individual because the indi-
vidual— 
(i) exercised any right provided under 
this section; or 
(ii) opposed any practice made unlaw-
ful by this section. 
(2) INTERFERENCE WITH PROCEEDINGS OR IN-
QUIRIES.—It shall be unlawful for any person to dis-
charge or in any other manner discriminate (as de-
scribed in subparagraph (B) or (C) of paragraph 
(1)) against any individual because such indi-
vidual— 
(A) has filed any charge, or has instituted 
or caused to be instituted any proceeding, 
under or related to this section; 
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(B) has given, or is about to give, any in-
formation in connection with any inquiry or 
proceeding relating to any right provided under 
this section; or 
(C) has testified, or is about to testify, in 
any inquiry or proceeding relating to any right 
provided under this section. 
(g) ENFORCEMENT.— 
(1) CIVIL
ACTION
BY
AFFECTED
INDIVID-
UALS.— 
(A) LIABILITY.—Any employer that vio-
lates subsection (f) shall be liable to any indi-
vidual affected— 
(i) for damages equal to— 
(I) the amount of— 
(aa) any wages, salary, em-
ployment benefits, or other com-
pensation denied or lost to such 
individual by reason of the viola-
tion; or 
(bb) in a case in which 
wages, salary, employment bene-
fits, or other compensation has 
not been denied or lost to the in-
dividual, any actual monetary 
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losses sustained by the individual 
as a direct result of the violation; 
(II) the interest on the amount 
described in subclause (I) calculated 
at the prevailing rate; and 
(III) an additional amount as liq-
uidated damages equal to the sum of 
the amount described in subclause (I) 
and the interest described in sub-
clause (II), except that if an employer 
that has violated subsection (f) proves 
to the satisfaction of the court that 
the act or omission that violated sub-
section (f) was in good faith and that 
the employer had reasonable grounds 
for believing that the act or omission 
was not a violation of subsection (f), 
such court may, in the discretion of 
the court, reduce the amount of the li-
ability to the amount and interest de-
termined under subclauses (I) and 
(II), respectively; and 
(ii) for such equitable relief as may be 
appropriate, including employment, rein-
statement, and promotion. 
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(B) RIGHT OF ACTION.—An action to re-
cover the damages or equitable relief prescribed 
in subparagraph (A) may be maintained against 
any employer in any Federal or State court of 
competent jurisdiction by any 1 or more af-
fected individuals for and on behalf of— 
(i) the individuals; or 
(ii) the individuals and other individ-
uals similarly situated. 
(C) FEES AND COSTS.—The court in such 
an action shall, in addition to any judgment 
awarded to the plaintiff, allow a reasonable at-
torney’s fee, reasonable expert witness fees, and 
other costs of the action to be paid by the de-
fendant. 
(D) LIMITATIONS.—The right provided by 
subparagraph (B) to bring an action by or on 
behalf of any affected individual shall termi-
nate— 
(i) on the filing of a complaint by the 
Secretary in an action under paragraph (4) 
in which restraint is sought of any further 
delay in the payment of the amount de-
scribed in subparagraph (A)(i) to such in-
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dividual by an employer responsible under 
subparagraph (A) for the payment; or 
(ii) on the filing of a complaint by the 
Secretary in an action under paragraph (2) 
in which a recovery is sought of the dam-
ages described in subparagraph (A)(i) 
owing to an affected individual by an em-
ployer liable under subparagraph (A), 
unless the action described in clause (i) or (ii) 
is dismissed without prejudice on motion of the 
Secretary. 
(2) ACTION BY THE SECRETARY.— 
(A) ADMINISTRATIVE
ACTION.—The Sec-
retary shall receive, investigate, and attempt to 
resolve complaints of violations of subsection (f) 
in the same manner as the Secretary receives, 
investigates, and attempts to resolve complaints 
of violations of sections 6 and 7 of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 206 
and 207). 
(B) CIVIL
ACTION.—The Secretary may 
bring an action in any court of competent juris-
diction to recover the damages described in 
paragraph (1)(A)(i). 
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(C) SUMS RECOVERED.—Any sums recov-
ered by the Secretary pursuant to subparagraph 
(B) shall be held in a special deposit account 
and shall be paid, on order of the Secretary, di-
rectly to each individual affected. Any such 
sums not paid to such an individual because of 
inability to do so within a period of 3 years 
shall be deposited into the Treasury of the 
United States as miscellaneous receipts. 
(3) LIMITATION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), an action may be brought 
under this subsection not later than 2 years 
after the date of the last event constituting the 
alleged violation for which the action is brought. 
(B) WILLFUL VIOLATION.—In the case of 
such action brought for a willful violation of 
subsection (f), such action may be brought 
within 3 years after the date of the last event 
constituting the alleged violation for which such 
action is brought. 
(C) 
COMMENCEMENT.—In 
determining 
when an action is commenced by the Secretary 
under this subsection for the purposes of this 
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paragraph, it shall be considered to be com-
menced on the date when the complaint is filed. 
(4) ACTION FOR INJUNCTION BY SECRETARY.— 
The district courts of the United States shall have 
jurisdiction, for cause shown, in an action brought 
by the Secretary— 
(A) to restrain violations of subsection (f), 
including the restraint of any withholding of 
payment of wages, salary, employment benefits, 
or other compensation, plus interest, found by 
the court to be due to affected individuals; or 
(B) to award such other equitable relief as 
may be appropriate, including employment, re-
instatement, and promotion. 
(5) SOLICITOR
OF
LABOR.—The Solicitor of 
Labor may appear for and represent the Secretary 
on any litigation brought under this subsection. 
(6) 
EMPLOYER
LIABILITY
UNDER
OTHER 
LAWS.—Nothing in this section shall be construed to 
limit the liability of an employer or public agency to 
an individual, for harm suffered relating to the indi-
vidual’s experience of domestic violence, dating vio-
lence, sexual assault, or stalking, pursuant to any 
other Federal or State law, including a law providing 
for a legal remedy. 
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(7) LIBRARY OF CONGRESS.—Notwithstanding 
any other provision of this subsection, in the case of 
the Library of Congress, the authority of the Sec-
retary under this subsection shall be exercised by the 
Librarian of Congress. 
(8) CERTAIN PUBLIC AGENCY EMPLOYERS.— 
(A) 
AGENCIES.—Notwithstanding 
any 
other provision of this subsection, in the case of 
a public agency that employs individuals as de-
scribed in subparagraph (A) or (B) of section 
3(e)(2) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 203(e)(2)) (other than an en-
tity of the legislative branch of the Federal 
Government), subparagraph (B) shall apply. 
(B) AUTHORITY.—In the case described in 
subparagraph (A), the powers, remedies, and 
procedures provided in the case of a violation of 
chapter 63 of title 5, United States Code, in 
that title to an employing agency, in chapter 12 
of that title to the Merit Systems Protection 
Board, or in that title to any person alleging a 
violation of chapter 63 of that title, shall be the 
powers, remedies, and procedures this sub-
section provides in the case of a violation of 
subsection (f) to that agency, that Board, or 
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any person alleging a violation of subsection (f), 
respectively, against an employee who is such 
an individual. 
(9) PUBLIC AGENCIES PROVIDING PUBLIC AS-
SISTANCE.—Consistent with regulations prescribed 
under section 106(d), the President shall ensure that 
any public agency that violates subsection (f)(1)(C), 
or subsection (f)(2) by discriminating as described in 
subsection (f)(1)(C), shall provide to any individual 
who receives a less favorable amount, term, or condi-
tion of public assistance as a result of the viola-
tion— 
(A)(i) the amount of any public assistance 
denied or lost to such individual by reason of 
the violation; and 
(ii) the interest on the amount described in 
clause (i); and 
(B) such equitable relief as may be appro-
priate. 
SEC. 103. EXISTING LEAVE USABLE FOR ADDRESSING DO-
MESTIC VIOLENCE, DATING VIOLENCE, SEX-
UAL ASSAULT, OR STALKING. 
An employee who is entitled to take paid or unpaid 
leave (including family, medical, sick, annual, personal, or 
similar leave) from employment, pursuant to State or local 
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law, a collective bargaining agreement, or an employment 
benefits program or plan, may elect to substitute any pe-
riod of such leave for an equivalent period of leave pro-
vided under section 102. 
SEC. 104. EMERGENCY BENEFITS. 
(a) IN GENERAL.—A State may use funds provided 
to the State under part A of title IV of the Social Security 
Act (42 U.S.C. 601 et seq.) to provide nonrecurrent short- 
term emergency benefits to an individual for any period 
of leave the individual takes pursuant to section 102. 
(b) ELIGIBILITY.—In calculating the eligibility of an 
individual for such emergency benefits, the State shall 
count only the cash available or accessible to the indi-
vidual. 
(c) TIMING.— 
(1) 
APPLICATIONS.—An 
individual 
seeking 
emergency benefits under subsection (a) from a 
State shall submit an application to the State. 
(2) BENEFITS.—The State shall provide bene-
fits to an eligible applicant under paragraph (1) on 
an expedited basis, and not later than 7 days after 
the applicant submits an application under para-
graph (1). 
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(d) CONFORMING AMENDMENT.—Section 404 of the 
Social Security Act (42 U.S.C. 604) is amended by adding 
at the end the following: 
‘‘(l) AUTHORITY TO PROVIDE EMERGENCY BENE-
FITS.—A State that receives a grant under section 403 
may use the grant to provide nonrecurrent short-term 
emergency benefits, in accordance with section 104 of the 
Survivors’ Empowerment and Economic Security Act, to 
individuals who take leave pursuant to section 102 of that 
Act, without regard to whether the individuals receive as-
sistance under the State program funded under this 
part.’’. 
SEC. 105. EFFECT ON OTHER LAWS AND EMPLOYMENT BEN-
EFITS. 
(a) MORE PROTECTIVE LAWS, AGREEMENTS, PRO-
GRAMS, AND PLANS.—Nothing in this title shall be con-
strued to supersede any provision of any Federal, State, 
or local law, collective bargaining agreement, or employ-
ment benefits program or plan that provides— 
(1) greater leave benefits for victims of domes-
tic violence, dating violence, sexual assault, or stalk-
ing than the rights established under this title; or 
(2) leave benefits for a larger population of vic-
tims of domestic violence, dating violence, sexual as-
sault, or stalking (as defined in such law, agreement, 
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program, or plan) than the victims of domestic vio-
lence, dating violence, sexual assault, or stalking 
covered under this title. 
(b) LESS PROTECTIVE LAWS, AGREEMENTS, PRO-
GRAMS, AND PLANS.—The rights established for victims 
of domestic violence, dating violence, sexual assault, or 
stalking under this title shall not be diminished by any 
State or local law, collective bargaining agreement, or em-
ployment benefits program or plan. 
SEC. 106. REGULATIONS. 
(a) IN GENERAL.— 
(1) AUTHORITY TO ISSUE REGULATIONS.—Ex-
cept as provided in subsections (b), (c), and (d), the 
Secretary shall issue regulations to carry out this 
title. 
(2) REGULATIONS REGARDING NOTICES.—The 
regulations described in paragraph (1) shall include 
regulations requiring every employer to post and 
keep posted, in conspicuous places on the premises 
of the employer where notices to employees are cus-
tomarily placed, a notice, to be prepared or approved 
by the Secretary, summarizing the provisions of this 
title and providing information on procedures for fil-
ing complaints. The Secretary shall develop such a 
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notice and provide copies to employers upon request 
without charge. 
(b) LIBRARY OF CONGRESS.—The Librarian of Con-
gress shall prescribe the regulations described in sub-
section (a) with respect to employees of the Library of 
Congress. The regulations prescribed under this sub-
section shall, to the extent appropriate, be consistent with 
the regulations prescribed by the Secretary under sub-
section (a). 
(c) CERTAIN PUBLIC AGENCY EMPLOYERS.—The Of-
fice of Personnel Management shall prescribe the regula-
tions described in subsection (a) with respect to individ-
uals described in subparagraph (A) or (B) of section 
3(e)(2) of the Fair Labor Standards Act of 1938 (29 
U.S.C. 203(e)(2)) (other than an individual employed by 
an entity of the legislative branch of the Federal Govern-
ment). The regulations prescribed under this subsection 
shall, to the extent appropriate, be consistent with the reg-
ulations prescribed by the Secretary under subsection (a). 
(d) PUBLIC AGENCIES PROVIDING PUBLIC ASSIST-
ANCE.—The President shall prescribe the regulations de-
scribed in subsection (a) with respect to applicants for and 
recipients of public assistance, in the case of violations of 
section 102(f)(1)(C), or section 102(f)(2) due to discrimi-
nation described in section 102(f)(1)(C). The regulations 
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prescribed under this subsection shall, to the extent appro-
priate, be consistent with the regulations prescribed by the 
Secretary under subsection (a). 
SEC. 107. CONFORMING AMENDMENT. 
Section 1003(a)(1) of the Rehabilitation Act Amend-
ments of 1986 (42 U.S.C. 2000d–7(a)(1)) is amended by 
inserting ‘‘title I or III of the Survivors’ Empowerment 
and Economic Security Act,’’ before ‘‘or the provisions’’. 
SEC. 108. EFFECTIVE DATE. 
This title and the amendment made by this title take 
effect 180 days after the date of enactment of this Act. 
TITLE II—ENTITLEMENT TO UN-
EMPLOYMENT 
COMPENSA-
TION FOR VICTIMS OF DO-
MESTIC VIOLENCE, DATING 
VIOLENCE, SEXUAL ASSAULT, 
OR STALKING 
SEC. 201. PURPOSES. 
The purposes of this title are, pursuant to the affirm-
ative power of Congress to enact legislation under the por-
tions of section 8 of article I of the Constitution relating 
to laying and collecting taxes, providing for the general 
welfare, and regulation of commerce among the several 
States, and under section 5 of the 14th amendment to 
the Constitution— 
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(1) to promote the national interest in reducing 
domestic violence, dating violence, sexual assault, 
and stalking by enabling victims of domestic vio-
lence, dating violence, sexual assault, or stalking to 
maintain the financial independence necessary to 
leave abusive situations, achieve safety, and mini-
mize the physical and emotional injuries from do-
mestic violence, dating violence, sexual assault, or 
stalking, and to reduce the devastating economic 
consequences of domestic violence, dating violence, 
sexual assault, or stalking to employers and employ-
ees; 
(2) to promote the national interest in ensuring 
that victims of domestic violence, dating violence, 
sexual assault, or stalking can recover from and cope 
with the effects of such victimization and participate 
in the criminal and civil justice processes without 
fear of adverse economic consequences; 
(3) to minimize the negative impact on inter-
state commerce from dislocations of employees and 
harmful effects on productivity, loss of employment, 
health care costs, and employer costs, caused by do-
mestic violence, dating violence, sexual assault, or 
stalking, including intentional efforts to frustrate 
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the ability of women to participate in employment 
and interstate commerce; 
(4) to promote the purposes of the 14th amend-
ment to the Constitution by preventing sex-based 
discrimination and discrimination against victims of 
domestic violence, dating violence, sexual assault, or 
stalking in unemployment insurance, by addressing 
the failure of existing laws to protect the employ-
ment rights of victims of domestic violence, dating 
violence, sexual assault, or stalking, by protecting 
their civil and economic rights, and by furthering the 
equal opportunity of women for economic self-suffi-
ciency and employment free from discrimination; 
and 
(5) to accomplish the purposes described in 
paragraphs (1) through (4) by providing unemploy-
ment insurance to those who are separated from 
their employment as a result of domestic violence, 
dating violence, sexual assault, or stalking, in a 
manner that accommodates the legitimate interests 
of employers and protects the safety of all persons 
in the workplace. 
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SEC. 202. UNEMPLOYMENT COMPENSATION AND TRAINING 
PROVISIONS. 
(a) UNEMPLOYMENT COMPENSATION.—Section 3304 
of the Internal Revenue Code of 1986 (relating to approval 
of State unemployment compensation laws) is amended— 
(1) in subsection (a)— 
(A) in paragraph (18), by striking ‘‘and’’ 
at the end; 
(B) by redesignating paragraph (19) as 
paragraph (20); and 
(C) by inserting after paragraph (18) the 
following new paragraph: 
‘‘(19) compensation shall not be denied where 
an individual is separated from employment due to 
circumstances resulting from the individual’s experi-
ence of domestic violence, dating violence, sexual as-
sault, or stalking, nor shall States impose additional 
conditions that restrict the individual’s eligibility for 
or receipt of benefits beyond those required of other 
individuals who are forced to leave their jobs or are 
deemed to have good cause for voluntarily separating 
from a job in the State; and’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(g) CONSTRUCTION.—For purposes of subsection 
(a)(19)— 
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‘‘(1) DOCUMENTATION.—In determining eligi-
bility for compensation due to circumstances result-
ing from an individual’s experience of domestic vio-
lence, dating violence, sexual assault, or stalking— 
‘‘(A) States shall adopt, or have adopted, 
by statute, regulation, or policy a list of forms 
of documentation that may be presented to 
demonstrate eligibility; and 
‘‘(B) presentation of any one of such forms 
of documentation shall be sufficient to dem-
onstrate eligibility, except that a State may re-
quire the presentation of a form of identifica-
tion in addition to the written statement of 
claimant described in paragraph (2)(G). 
‘‘(2) LIST OF FORMS OF DOCUMENTATION.— 
The list referred to in paragraph (1)(A) shall include 
not less than 3 of the following forms of documenta-
tion: 
‘‘(A) An order of protection or other docu-
mentation issued by a court. 
‘‘(B) A police report or criminal charges 
documenting the domestic violence, dating vio-
lence, sexual assault, or stalking. 
‘‘(C) Documentation that the perpetrator 
has been convicted of the offense of domestic vi-
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olence, dating violence, sexual assault, or stalk-
ing. 
‘‘(D) Medical documentation of the domes-
tic violence, dating violence, sexual assault, or 
stalking. 
‘‘(E) Evidence of domestic violence, dating 
violence, sexual assault, or stalking from a 
counselor, social worker, health worker, or do-
mestic violence shelter worker. 
‘‘(F) A written statement that the appli-
cant or the applicant’s minor child is a victim 
of domestic violence, dating violence, sexual as-
sault, or stalking, provided by a social worker, 
member of the clergy, shelter worker, attorney 
at law, or other professional who has assisted 
the applicant in dealing with the domestic vio-
lence, dating violence, sexual assault, or stalk-
ing. 
‘‘(G) A written statement of the claimant. 
‘‘(3) DOMESTIC VIOLENCE, DATING VIOLENCE, 
SEXUAL ASSAULT, AND STALKING DEFINED.—The 
terms ‘domestic violence’, ‘dating violence’, ‘sexual 
assault’, and ‘stalking’ have the meanings given such 
terms in section 3 of the Survivors’ Empowerment 
and Economic Security Act.’’. 
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(b) UNEMPLOYMENT COMPENSATION PERSONNEL 
TRAINING.—Section 303(a) of the Social Security Act (42 
U.S.C. 503(a)) is amended— 
(1) by redesignating paragraphs (4) through 
(10) as paragraphs (5) through (11), respectively; 
and 
(2) by inserting after paragraph (3) the fol-
lowing new paragraph: 
‘‘(4) Such methods of administration as will en-
sure that— 
‘‘(A) applicants for unemployment com-
pensation and individuals inquiring about such 
compensation are adequately notified of the 
provisions of subsections (a)(19) and (g) of sec-
tion 3304 of the Internal Revenue Code of 1986 
(relating to the availability of unemployment 
compensation for victims of domestic violence, 
dating violence, sexual assault, or stalking); and 
‘‘(B) claims reviewers and hearing per-
sonnel are adequately trained in— 
‘‘(i) the nature and dynamics of do-
mestic violence, dating violence, sexual as-
sault, or stalking (as such terms are de-
fined in section 3 of the Survivors’ Em-
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powerment and Economic Security Act); 
and 
‘‘(ii) methods of ascertaining and 
keeping confidential information about pos-
sible experiences of domestic violence, dat-
ing violence, sexual assault, or stalking (as 
so defined) to ensure that— 
‘‘(I) requests for unemployment 
compensation based on separations 
stemming from domestic violence, dat-
ing violence, sexual assault, or stalk-
ing (as so defined) are reliably 
screened, identified, and adjudicated; 
and 
‘‘(II) full confidentiality is pro-
vided for the individual’s claim and 
submitted evidence; and’’. 
(c) TANF PERSONNEL TRAINING.—Section 402(a) 
of the Social Security Act (42 U.S.C. 602(a)) is amended 
by adding at the end the following new paragraph: 
‘‘(8) CERTIFICATION
THAT
THE
STATE
WILL 
PROVIDE INFORMATION TO VICTIMS OF DOMESTIC 
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR 
STALKING.—A certification by the chief officer of 
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the State that the State has established and is en-
forcing standards and procedures to— 
‘‘(A) ensure that applicants for assistance 
under the program and individuals inquiring 
about such assistance are adequately notified 
of— 
‘‘(i) the provisions of subsections 
(a)(19) and (g) of section 3304 of the In-
ternal Revenue Code of 1986 (relating to 
the availability of unemployment com-
pensation for victims of domestic violence, 
dating violence, sexual assault, or stalk-
ing); and 
‘‘(ii) assistance made available by the 
State to victims of domestic violence, dat-
ing violence, sexual assault, or stalking (as 
such terms are defined in section 3 of the 
Survivors’ Empowerment and Economic 
Security Act); 
‘‘(B) ensure that case workers and other 
agency personnel responsible for administering 
the State program funded under this part are 
adequately trained in— 
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‘‘(i) the nature and dynamics of do-
mestic violence, dating violence, sexual as-
sault, or stalking (as so defined); 
‘‘(ii) State standards and procedures 
relating to the prevention of, and assist-
ance for individuals who experience, do-
mestic violence, dating violence, sexual as-
sault, or stalking (as so defined); and 
‘‘(iii) methods of ascertaining and 
keeping confidential information about pos-
sible experiences of domestic violence, dat-
ing violence, sexual assault, or stalking (as 
so defined); 
‘‘(C) if a State has elected to establish and 
enforce standards and procedures regarding the 
screening for and identification of domestic vio-
lence pursuant to paragraph (7), ensure that— 
‘‘(i) applicants for assistance under 
the program and individuals inquiring 
about such assistance are adequately noti-
fied of options available under such stand-
ards and procedures; and 
‘‘(ii) case workers and other agency 
personnel responsible for administering the 
State program funded under this part are 
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