I 
108TH CONGRESS 
2D SESSION 
H. R. 3703
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. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 20, 2004
Mrs. MALONEY introduced the following bill; which was referred to the Com-
mittee on Education and the Workforce, and in addition to the Com-
mittee on the Judiciary, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in 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 regu-
late 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. NEGLIGENTLY ALLOWING GENDER-MOTIVATED 
VIOLENCE. 
An employer—
(1) whose business is in or affects interstate or 
foreign commerce; and 
(2) whose negligent conduct results in a per-
son’s (including a person who acts under color of 
statute, ordinance, regulation, custom, or usage of 
any State) committing a crime of violence motivated 
by gender against another person on premises under 
the control of the employer; 
shall be liable to the party injured, in an action for the 
recovery of compensatory and punitive damages, injunc-
tive and declaratory relief, and such other relief as a court 
may deem appropriate. 
SEC. 2. DEFINITIONS. 
As used in this Act—
(1) the term ‘‘crime of violence motivated by 
gender’’ means a crime of violence committed be-
cause of gender or on the basis of gender; and 
(2) the term ‘‘crime of violence’’—
(A) means an act or series of acts that 
would constitute a crime, for which imprison-
ment of more than one year may be imposed, 
against the person of another if that crime is
a crime of violence as defined in section 16 of 
title 18, United States Code; and 
(B) includes any conduct that would con-
stitute a crime described in subparagraph (A) 
but for the relationship between the person en-
gaging in that conduct and the individual 
against whom such conduct is directed. 
SEC. 3. LIMITATION AND PROCEDURE. 
(a) LIMITATION.—Nothing in this Act entitles a per-
son to a cause of action under section 1 for random acts 
of violence unrelated to gender or for acts that cannot be 
demonstrated, by a preponderance of the evidence, to be 
motivated by gender. 
(b) NO PRIOR CRIMINAL ACTION.—Nothing in this 
section requires a prior criminal complaint, prosecution, 
or conviction to establish the elements of a cause of action 
under section 1. 
(c) CONCURRENT JURISDICTION.—The Federal and 
State courts shall have concurrent jurisdiction over actions 
brought pursuant to this Act. 
SEC. 4. MATERIALS TO ASSIST EMPLOYERS. 
The Equal Employment Opportunity Commission 
shall create and provide materials to employers regarding
personnel policies and safety standards to assist employers 
in avoiding liability under this Act.
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