(A) seeking medical attention for, or recov-
ering from, physical or psychological injuries 
caused by domestic or sexual violence 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 or sexual violence 
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 or sexual violence.
(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 
that— 
(A) the employee or the employee’s family 
or household member is a victim of domestic or 
sexual violence; and 
(B) the leave is for 1 of the purposes enu-
merated in subsection (a)(1). 
The employee shall provide a copy of such certifi-
cation to the employer within a reasonable period 
after the employer requests certification. 
(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; 
(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 or sexual violence and the effects of the 
violence; 
(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.—
(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
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-
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—
(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, recurrence, 
or onset of domestic or sexual vio-
lence, 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. 
(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 has sought assistance in ad-
dressing domestic or sexual violence 
and the effects of that violence; 
(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 
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 strict-
est 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 
(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 with respect
to the amount, terms, or conditions of public 
assistance of the individual (including retalia-
tion in any form or manner) 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; 
(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 or public 
agency that violates subsection (f) shall be lia-
ble to any individual affected— 
(i) for damages equal to— 
(I) the amount of— 
(aa) any wages, salary, em-
ployment benefits, public assist-
ance, or other compensation de-
nied or lost to such individual by 
reason of the violation; or 
(bb) in a case in which 
wages, salary, employment bene-
fits, public assistance, or other 
compensation has not been de-
nied or lost to the individual, any 
actual monetary losses sustained 
by the individual as a direct re-
sult 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 
or public agency that has violated 
subsection (f) proves to the satisfac-
tion of the court that the act or omis-
sion that violated subsection (f) was 
in good faith and that the employer or 
public agency 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. 
(B) RIGHT OF ACTION.—An action to re-
cover the damages or equitable relief prescribed 
in subparagraph (A) may be maintained against 
any employer or public agency in any Federal 
or State court of competent jurisdiction by any
1 or more affected 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-
dividual by an employer or public agency 
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 or public agency liable under sub-
paragraph (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). 
(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 
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, 
public assistance, or other compensation, plus 
interest, found by the court to be due to af-
fected 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 or sexual violence, 
pursuant to any other Federal or State law, includ-
ing a law providing for a legal remedy. 
SEC. 103. EXISTING LEAVE USABLE FOR ADDRESSING DO-
MESTIC OR SEXUAL VIOLENCE. 
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 
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). 
(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 
Security and Financial Empowerment Act, to individuals 
who take leave pursuant to section 102 of that Act, with-
out regard to whether the individuals receive assistance 
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 or sexual violence than the rights established 
under this title; or 
(2) leave benefits for a larger population of vic-
tims of domestic or sexual violence (as defined in 
such law, agreement, program, or plan) than the vic-
tims of domestic or sexual violence covered under 
this title. 
(b) LESS PROTECTIVE LAWS, AGREEMENTS, PRO-
GRAMS, AND PLANS.—The rights established for victims
of domestic or sexual violence under this title shall not 
be diminished by any State or local law, collective bar-
gaining agreement, or employment benefits program or 
plan. 
SEC. 106. 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 Security and Financial Em-
powerment Act,’’ before ‘‘or the provisions’’. 
SEC. 107. 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— 
(1) to promote the national interest in reducing 
domestic violence, dating violence, sexual assault, 
and stalking by enabling victims of domestic or sex-
ual violence to maintain the financial independence 
necessary to leave abusive situations, achieve safety, 
and minimize the physical and emotional injuries 
from domestic or sexual violence, and to reduce the 
devastating economic consequences of domestic or 
sexual violence to employers and employees; 
(2) to promote the national interest in ensuring 
that victims of domestic or sexual violence can re-
cover from and cope with the effects of such victim-
ization and participate in the criminal and civil jus-
tice processes without fear of adverse economic con-
sequences; 
(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 or sexual violence including intentional efforts 
to frustrate 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 and sexual violence in unemployment insur-
ance, by addressing the failure of existing laws to 
protect the employment rights of victims of domestic 
or sexual violence, by protecting their civil and eco-
nomic rights, and by furthering the equal oppor-
tunity of women for economic self-sufficiency 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 or sexual 
violence, in a manner that accommodates the legiti-
mate interests of employers and protects the safety 
of all persons in the workplace. 
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 or sexual violence, nor shall States 
impose additional conditions that restrict the indi-
vidual’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)— 
‘‘(1) DOCUMENTATION.—In determining eligi-
bility for compensation due to circumstances result-
ing from an individual’s experience of domestic or 
sexual violence— 
‘‘(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 or sexual violence. 
‘‘(C) Documentation that the perpetrator 
has been convicted of the offense of domestic or 
sexual violence. 
‘‘(D) Medical documentation of the domes-
tic or sexual violence. 
‘‘(E) Evidence of domestic or sexual vio-
lence from a counselor, social worker, health 
worker, or domestic violence shelter worker.
‘‘(F) A written statement that the appli-
cant or the applicant’s minor child is a victim 
of domestic or sexual violence, provided by a so-
cial worker, member of the clergy, shelter work-
er, attorney at law, or other professional who 
has assisted the applicant in dealing with the 
domestic or sexual violence. 
‘‘(G) A written statement of the claimant. 
‘‘(3) DOMESTIC
OR
SEXUAL
VIOLENCE
DE-
FINED.—The term ‘domestic or sexual violence’ has 
the meaning given such term in section 3 of the Se-
curity and Financial Empowerment Act.’’. 
(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 or sexual 
violence); and 
‘‘(B) claims reviewers and hearing per-
sonnel are adequately trained in— 
‘‘(i) the nature and dynamics of do-
mestic or sexual violence (as defined in 
section 3 of the Security and Financial 
Empowerment Act); and 
‘‘(ii) methods of ascertaining and 
keeping confidential information about pos-
sible experiences of domestic or sexual vio-
lence (as so defined) to ensure that— 
‘‘(I) requests for unemployment 
compensation based on separations 
stemming from such violence are reli-
ably screened, identified, and adju-
dicated; and 
‘‘(II) full confidentiality is pro-
vided for the individual’s claim and 
submitted evidence; and’’. 
(c) EFFECTIVE DATE.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section 
shall apply in the case of compensation paid for 
weeks beginning on or after the expiration of 180 
days from the date of enactment of this Act. 
(2) EXTENSION
OF
EFFECTIVE
DATE
FOR 
STATE LAW AMENDMENT.— 
(A) IN
GENERAL.—If the Secretary of 
Labor identifies a State as requiring a change 
to its statutes, regulations, or policies in order 
to comply with the amendments made by this 
section, such amendments shall apply in the 
case of compensation paid for weeks beginning 
after the earlier of— 
(i) the date the State changes its stat-
utes, regulations, or policies in order to 
comply with such amendments; or 
(ii) the end of the first session of the 
State legislature which begins after the 
date of enactment of this Act or which 
began prior to such date and remained in 
session for at least 25 calendar days after 
such date;
except that in no case shall such amendments 
apply before the date that is 180 days after the 
date of enactment of this Act. 
(B) SESSION
DEFINED.—In this para-
graph, the term ‘‘session’’ means a regular, spe-
cial, budget, or other session of a State legisla-
ture. 
(d) EFFECT ON EXISTING LAWS, ETC.— 
(1) MORE
PROTECTIVE
LAWS, AGREEMENTS, 
PROGRAMS, AND PLANS.—Nothing in this title shall 
be construed to supersede any provision of any Fed-
eral, State, or local law, collective bargaining agree-
ment, or employment benefits program or plan that 
provides greater unemployment insurance benefits 
for victims of domestic or sexual violence than the 
rights established under this title. 
(2) LESS
PROTECTIVE
LAWS, AGREEMENTS, 
PROGRAMS, AND PLANS.—The rights established for 
victims of domestic or sexual violence under this title 
shall not be diminished by any more restrictive State 
or local law, collective bargaining agreement, or em-
ployment benefits program or plan.
TITLE III—VICTIMS’ 
EMPLOYMENT SUSTAINABILITY 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Victims’ Employment 
Sustainability Act’’. 
SEC. 302. 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, 
and stalking by enabling victims of domestic or sex-
ual violence to maintain the financial independence 
necessary to leave abusive situations, achieve safety, 
and minimize the physical and emotional injuries 
from domestic or sexual violence, and to reduce the 
devastating economic consequences of domestic or 
sexual violence to employers and employees; 
(2) to promote the national interest in ensuring 
that victims of domestic or sexual violence can re-
cover from and cope with the effects of such vio-
lence, and participate in criminal and civil justice
processes, without fear of adverse economic con-
sequences from their employers; 
(3) to ensure that victims of domestic or sexual 
violence can recover from and cope with the effects 
of such violence, and participate in criminal and civil 
justice processes, without fear of adverse economic 
consequences with respect to public benefits; 
(4) to promote the purposes of the 14th amend-
ment to the Constitution by preventing sex-based 
discrimination and discrimination against victims of 
domestic and sexual violence in employment, by ad-
dressing the failure of existing laws to protect the 
employment rights of victims of domestic or sexual 
violence, by protecting the civil and economic rights 
of victims of domestic or sexual violence, and by fur-
thering the equal opportunity of women for economic 
self-sufficiency and employment free from discrimi-
nation; 
(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 
or sexual violence, including intentional efforts to 
frustrate women’s ability to participate in employ-
ment and interstate commerce; and
(6) to accomplish the purposes described in 
paragraphs (1) through (5) by prohibiting employers 
from discriminating against actual or perceived vic-
tims of domestic or sexual violence, in a manner that 
accommodates the legitimate interests of employers 
and protects the safety of all persons in the work-
place. 
SEC. 303. PROHIBITED DISCRIMINATORY ACTS. 
(a) IN GENERAL.—An employer shall not fail to hire, 
refuse to hire, discharge, or harass any individual, or oth-
erwise discriminate against any individual with respect to 
the compensation, terms, conditions, or privileges of em-
ployment of the individual (including retaliation in any 
form or manner), and a public agency shall not deny, re-
duce, or terminate the benefits of, otherwise sanction, or 
harass any individual, or otherwise discriminate against 
any individual with respect to the amount, terms, or condi-
tions of public assistance of the individual (including retal-
iation in any form or manner), because— 
(1) the individual involved— 
(A) is or is perceived to be a victim of do-
mestic or sexual violence; 
(B) attended, participated in, prepared for, 
or requested leave to attend, participate in, or 
prepare for, a criminal or civil court proceeding
relating to an incident of domestic or sexual vi-
olence of which the individual, or the family or 
household member of the individual, was a vic-
tim; or 
(C) requested an adjustment to a job 
structure, workplace facility, or work require-
ment, including a transfer, reassignment, or 
modified schedule, leave, a changed telephone 
number or seating assignment, installation of a 
lock, or implementation of a safety procedure, 
in response to actual or threatened domestic or 
sexual violence, regardless of whether the re-
quest was granted; or 
(2) the workplace is disrupted or threatened by 
the action of a person whom the individual states 
has committed or threatened to commit domestic or 
sexual violence against the individual, or the individ-
ual’s family or household member. 
(b) DEFINITIONS.—In this section: 
(1) DISCRIMINATE.—The term ‘‘discriminate’’, 
used with respect to the terms, conditions, or privi-
leges of employment or with respect to the terms or 
conditions of public assistance, includes not making 
a reasonable accommodation to the known limita-
tions of an otherwise qualified individual—
(A) who is a victim of domestic or sexual 
violence; 
(B) who is— 
(i) an applicant or employee of the 
employer (including a public agency); or 
(ii) an applicant for or recipient of 
public assistance from the public agency; 
and 
(C) whose limitations resulted from cir-
cumstances relating to being a victim of domes-
tic or sexual violence; 
unless the employer or public agency can dem-
onstrate that the accommodation would impose an 
undue hardship on the operation of the employer or 
public agency. 
(2) QUALIFIED INDIVIDUAL.—The term ‘‘quali-
fied individual’’ means— 
(A) in the case of an applicant or employee 
described in paragraph (1)(B)(i), an individual 
who, with or without reasonable accommoda-
tion, can perform the essential functions of the 
employment position that such individual holds 
or desires; or 
(B) in the case of an applicant or recipient 
described in paragraph (1)(B)(ii), an individual
who, with or without reasonable accommoda-
tion, can satisfy the essential requirements of 
the program providing the public assistance 
that the individual receives or desires. 
(3) REASONABLE ACCOMMODATION.—The term 
‘‘reasonable accommodation’’ may include an adjust-
ment to a job structure, workplace facility, or work 
requirement, including a transfer, reassignment, or 
modified schedule, leave, a changed telephone num-
ber or seating assignment, installation of a lock, or 
implementation of a safety procedure, in response to 
actual or threatened domestic or sexual violence. 
(4) UNDUE HARDSHIP.— 
(A) IN GENERAL.—The term ‘‘undue hard-
ship’’ means an action requiring significant dif-
ficulty or expense, when considered in light of 
the factors set forth in subparagraph (B). 
(B) FACTORS TO BE CONSIDERED.—In de-
termining whether a reasonable accommodation 
would impose an undue hardship on the oper-
ation of an employer or public agency, factors 
to be considered include— 
(i) the nature and cost of the reason-
able accommodation needed under this sec-
tion;
(ii) the overall financial resources of 
the facility involved in the provision of the 
reasonable accommodation, the number of 
persons employed at such facility, the ef-
fect on expenses and resources, or the im-
pact otherwise of such accommodation on 
the operation of the facility; 
(iii) the overall financial resources of 
the employer or public agency, the overall 
size of the business of an employer or pub-
lic agency with respect to the number of 
employees of the employer or public agen-
cy, and the number, type, and location of 
the facilities of an employer or public agen-
cy; and 
(iv) the type of operation of the em-
ployer or public agency, including the com-
position, structure, and functions of the 
workforce of the employer or public agen-
cy, the geographic separateness of the fa-
cility from the employer or public agency, 
and the administrative or fiscal relation-
ship of the facility to the employer or pub-
lic agency.
SEC. 304. ENFORCEMENT. 
(a) CIVIL ACTION BY INDIVIDUALS.— 
(1) LIABILITY.—Any employer or public agency 
that violates section 303 shall be liable to any indi-
vidual affected for— 
(A) damages equal to the amount of 
wages, salary, employment benefits, public as-
sistance, or other compensation denied or lost 
to such individual by reason of the violation, 
and the interest on that amount calculated at 
the prevailing rate; 
(B) compensatory damages, including dam-
ages for future pecuniary losses, emotional 
pain, suffering, inconvenience, mental anguish, 
loss of enjoyment or life, and other nonpecu-
niary losses; 
(C) such punitive damages, up to 3 times 
the amount of actual damages sustained, as the 
court described in paragraph (2) shall deter-
mine to be appropriate; and 
(D) such equitable relief as may be appro-
priate, including employment, reinstatement, 
and promotion. 
(2) RIGHT OF ACTION.—An action to recover 
the damages or equitable relief prescribed in para-
graph (1) may be maintained against any employer
or public agency in any Federal or State court of 
competent jurisdiction by any 1 or more individuals 
described in section 303. 
(b) ACTION BY DEPARTMENT OF JUSTICE.—The At-
torney General may bring a civil action in any Federal 
or State court of competent jurisdiction to recover the 
damages or equitable relief described in subsection (a)(1). 
SEC. 305. ATTORNEY’S FEES. 
Section 722(b) of the Revised Statutes (42 U.S.C. 
1988(b)) is amended by inserting ‘‘the Victims’ Employ-
ment Sustainability Act,’’ after ‘‘title VI of the Civil 
Rights Act of 1964,’’. 
TITLE IV—VICTIMS OF ABUSE 
INSURANCE PROTECTION 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Victims of Abuse In-
surance Protection Act’’. 
SEC. 402. DEFINITIONS. 
In this title: 
(1) ABUSE.—The term ‘‘abuse’’ means the oc-
currence of 1 or more of the following acts by a cur-
rent or former household or family member, intimate 
partner, or caretaker: 
(A) Attempting to cause or causing an-
other person bodily injury, physical harm, sub-
stantial emotional distress, psychological trau-
ma, rape, sexual assault, or involuntary sexual 
intercourse. 
(B) Engaging in a course of conduct or re-
peatedly committing acts toward another per-
son, including following the person without 
proper authority and under circumstances that 
place the person in reasonable fear of bodily in-
jury or physical harm. 
(C) Subjecting another person to false im-
prisonment or kidnapping. 
(D) Attempting to cause or causing dam-
age to property so as to intimidate or attempt 
to control the behavior of another person. 
(2) HEALTH CARRIER.—The term ‘‘health car-
rier’’ means a person that contracts or offers to con-
tract on a risk-assuming basis to provide, deliver, ar-
range for, pay for, or reimburse any of the cost of 
health care services, including a sickness and acci-
dent insurance company, a health maintenance orga-
nization, a nonprofit hospital and health service cor-
poration or any other entity providing a plan of 
health insurance, health benefits, or health services. 
(3) INSURED.—The term ‘‘insured’’ means a 
party named on a policy, certificate, or health ben-
efit plan, including an individual, corporation, part-
nership, association, unincorporated organization, or 
any similar entity, as the person with legal rights to 
the benefits provided by the policy, certificate, or 
health benefit plan. For group insurance, such term 
includes a person who is a beneficiary covered by a 
group policy, certificate, or health benefit plan. For 
life insurance, the term refers to the person whose 
life is covered under an insurance policy. 
(4) INSURER.—The term ‘‘insurer’’ means any 
person, reciprocal exchange, inter insurer, Lloyds in-
surer, fraternal benefit society, or other legal entity 
engaged in the business of insurance, including 
agents, brokers, adjusters, and third-party adminis-
trators; and employers who provide or make avail-
able employment benefits through an employee ben-
efit plan, as defined in section 3(3) of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 
102(3)). The term also includes health carriers, 
health benefit plans, and life, disability, and prop-
erty and casualty insurers. 
(5) POLICY.—The term ‘‘policy’’ means a con-
tract of insurance, certificate, indemnity, suretyship, 
or annuity issued, proposed for issuance or intended
for issuance by an insurer, including endorsements 
or riders to an insurance policy or contract. 
(6) SUBJECT OF ABUSE.—The term ‘‘subject of 
abuse’’ means— 
(A) a person against whom an act of abuse 
has been directed; 
(B) a person who has prior or current in-
juries, illnesses, or disorders that resulted from 
abuse; or 
(C) a person who seeks, may have sought, 
or had reason to seek medical or psychological 
treatment for abuse, protection, court-ordered 
protection, or shelter from abuse. 
SEC. 403. DISCRIMINATORY ACTS PROHIBITED. 
(a) IN GENERAL.—No insurer may, directly or indi-
rectly, engage in any of the following acts or practices on 
the basis that an applicant for insurance or insured is, 
has been, or may be the subject of abuse: 
(1) Denying, refusing to issue, renew or reissue, 
or canceling or otherwise terminating an insurance 
policy or health benefit plan. 
(2) Restricting, excluding, or limiting insurance 
coverage for losses or denying a claim, except as oth-
erwise permitted or required by State laws relating 
to life insurance beneficiaries.
(3) Adding a premium differential to any insur-
ance policy or health benefit plan. 
(b) PROHIBITION ON LIMITATION OF CLAIMS.—No 
insurer may, directly or indirectly, deny or limit payment 
of a claim arising out of abuse to an innocent insured 
under a property and casualty policy or insurance contract 
if the loss is caused by the intentional act of an insured. 
(c) USE OF INFORMATION.— 
(1) LIMITATION.— 
(A) IN GENERAL.—In order to protect the 
safety and privacy of subjects of abuse, no per-
son employed by or contracting with an insurer 
may— 
(i) use, disclose, or transfer informa-
tion relating to abuse status or acts of 
abuse for any purpose unrelated to the di-
rect provision of health care services unless 
such use, disclosure, or transfer is required 
by an order of an entity with authority to 
regulate insurance or an order of a court 
of competent jurisdiction; or 
(ii) disclose or transfer information 
relating to an address or telephone number 
of an applicant for insurance or an insured 
or to the address and telephone number of
a shelter for subjects of abuse, unless such 
disclosure or transfer— 
(I) is required in order to provide 
insurance coverage; and 
(II) does not have the potential 
to endanger the safety of a subject of 
abuse. 
(B) RULE OF CONSTRUCTION.—Nothing in 
this paragraph may be construed to limit or 
preclude a subject of abuse from obtaining the 
subject’s own insurance records from an in-
surer. 
(2) AUTHORITY
OF
SUBJECT
OF
ABUSE.—A 
subject of abuse, at the absolute discretion of the 
subject of abuse, may provide evidence of abuse to 
an insurer for the limited purpose of facilitating 
treatment of an abuse-related condition or dem-
onstrating that a condition is abuse-related. Nothing 
in this paragraph shall be construed as authorizing 
an insurer or health carrier to disregard such pro-
vided evidence. 
SEC. 404. INSURANCE PROTOCOLS FOR SUBJECTS OF 
ABUSE. 
Insurers shall develop and comply with written poli-
cies specifying procedures to be followed by employees,
contractors, producers, agents, and brokers for the pur-
pose of protecting the safety and privacy of a subject of 
abuse and otherwise implementing this title when taking 
an application, investigating a claim, or taking any other 
action relating to a policy or claim involving a subject of 
abuse. 
SEC. 405. REASONS FOR ADVERSE ACTIONS. 
An insurer that takes an action that adversely affects 
a subject of abuse, shall advise the subject of abuse appli-
cant or insured of the specific reasons for the action in 
writing. For purposes of this section, reference to general 
underwriting practices or guidelines shall not constitute 
a specific reason. 
SEC. 406. LIFE INSURANCE. 
Nothing in this title shall be construed to prohibit 
a life insurer from declining to issue a life insurance policy 
if the applicant or prospective owner of the policy is or 
would be designated as a beneficiary of the policy, and 
if— 
(1) the applicant or prospective owner of the 
policy lacks an insurable interest in the insured; or 
(2) the applicant or prospective owner of the 
policy is known, on the basis of police or court 
records, to have committed an act of abuse against 
the proposed insured.
SEC. 407. SUBROGATION WITHOUT CONSENT PROHIBITED. 
Subrogation of claims resulting from abuse is prohib-
ited without the informed consent of the subject of abuse. 
SEC. 408. ENFORCEMENT. 
(a) FEDERAL TRADE COMMISSION.— 
(1) IN GENERAL.—The Federal Trade Commis-
sion shall have the power to examine and investigate 
any insurer to determine whether such insurer has 
been or is engaged in any act or practice prohibited 
by this title. 
(2) CEASE AND DESIST ORDERS.—If the Fed-
eral Trade Commission determines an insurer has 
been or is engaged in any act or practice prohibited 
by this title, the Commission may take action 
against such insurer by the issuance of a cease and 
desist order as if the insurer was in violation of sec-
tion 5 of the Federal Trade Commission Act. Such 
cease and desist order may include any individual re-
lief warranted under the circumstances, including 
temporary, preliminary, and permanent injunctive 
and compensatory relief. 
(b) PRIVATE CAUSE OF ACTION.— 
(1) IN GENERAL.—An applicant or insured who 
believes that the applicant or insured has been ad-
versely affected by an act or practice of an insurer 
in violation of this title may maintain an action
against the insurer in a Federal or State court of 
original jurisdiction. 
(2) RELIEF.—Upon proof of such conduct by a 
preponderance of the evidence in an action described 
in paragraph (1), the court may award appropriate 
relief, including temporary, preliminary, and perma-
nent injunctive relief and compensatory and punitive 
damages, as well as the costs of suit and reasonable 
fees for the aggrieved individual’s attorneys and ex-
pert witnesses. 
(3) STATUTORY
DAMAGES.—With respect to 
compensatory damages in an action described in 
paragraph (1), the aggrieved individual may elect, at 
any time prior to the rendering of final judgment, to 
recover in lieu of actual damages, an award of statu-
tory damages in the amount of $5,000 for each vio-
lation. 
SEC. 409. EFFECTIVE DATE. 
This title shall apply with respect to any action taken 
on or after the date of enactment of this Act.
TITLE V—NATIONAL CLEARING-
HOUSE ON DOMESTIC AND 
SEXUAL VIOLENCE IN THE 
WORKPLACE GRANT 
SEC. 501. NATIONAL CLEARINGHOUSE ON DOMESTIC AND 
SEXUAL 
VIOLENCE 
IN 
THE 
WORKPLACE 
GRANT. 
(a) AUTHORITY.—The Attorney General may award 
a grant in accordance with this section to a private, non-
profit entity or tribal organization that meets the require-
ments of subsection (b), in order to provide for the estab-
lishment and operation of a national clearinghouse and re-
source center to provide information and assistance to em-
ployers, labor organizations, and advocates on behalf of 
victims of domestic or sexual violence, in their efforts to 
develop and implement appropriate responses to assist 
those victims. 
(b) GRANTEES.—Each applicant for a grant under 
this section shall submit to the Attorney General an appli-
cation, which shall— 
(1) demonstrate that the applicant— 
(A) has a nationally recognized expertise in 
the area of domestic violence, dating violence, 
sexual assault, and stalking, and a record of 
commitment and quality responses to reduce
domestic violence, dating violence, sexual as-
sault, and stalking; and 
(B) will provide matching funds from non- 
Federal sources in an amount equal to not less 
than 10 percent of the total amount of the 
grant awarded under this section; and 
(2) include a plan to maximize, to the extent 
practicable, outreach to employers (including private 
companies, as well as public entities such as univer-
sities, and State and local governments) in devel-
oping and implementing appropriate responses to as-
sist employees who are victims of domestic or sexual 
violence. 
(c) USE OF GRANT AMOUNT.—A grant under this 
section may be used for staff salaries, travel expenses, 
equipment, printing, and other reasonable expenses nec-
essary to assemble, maintain, and disseminate to employ-
ers, labor organizations, and advocates described in sub-
section (a), information on and appropriate responses to 
domestic violence, dating violence, sexual assault, and 
stalking, including— 
(1) training to promote a better understanding 
of appropriate assistance to employee victims; 
(2) conferences and other educational opportu-
nities;
(3) development of protocols and model work-
place policies; 
(4) employer- and union-sponsored victim serv-
ices and outreach counseling; and 
(5) assessments of the workplace costs of do-
mestic violence, dating violence, sexual assault, and 
stalking. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$500,000 for each of fiscal years 2004 through 2008. 
TITLE VI—SEVERABILITY 
SEC. 601. SEVERABILITY. 
If any provision of this Act, any amendment made 
by this Act, or the application of such provision or amend-
ment to any person or circumstance is held to be unconsti-
tutional, the remainder of the provisions of this Act, the 
amendments made by this Act, and the application of such 
provisions or amendments to any person or circumstance 
shall not be affected. 
Æ