212 
a full- or part-time basis, for a fixed time pe-
riod, on a temporary basis, pursuant to a detail, 
as an independent contractor, or as a partici-
pant in a work assignment as a condition of re-
ceipt of Federal or State income-based public 
assistance. 
(10) 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, but does not include any labor organization 
(other than when acting as an employer) or 
anyone acting in the capacity of officer or agent 
of such labor organization. 
(11) 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
213 
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)). 
(12) FAMILY OR HOUSEHOLD MEMBER.—The 
term ‘‘family or household member’’ means a non- 
abusive spouse, former spouse, parent, son or daugh-
ter, or person residing or formerly residing in the 
same dwelling unit. 
(13) 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). 
(14) 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). 
(15) 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). 
(16) 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.
214 
(17) 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. 
(18) REPEATEDLY.—The term ‘‘repeatedly’’ 
means on 2 or more occasions. 
(19) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Labor. 
(20) SEXUAL ASSAULT.—The term ‘‘sexual as-
sault’’ has the meaning given the term in section 
826 of the Higher Education Amendments of 1998 
(20 U.S.C. 1152). 
(21) SEXUAL ASSAULT COALITION.—The term 
‘‘sexual assault coalition’’ means a nonprofit, non-
governmental membership organization that— 
(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-
215 
ritory, political subdivision, or area under Fed-
eral authority. 
(22) STALKING.—The term ‘‘stalking’’ means 
engaging in a course of conduct directed at a spe-
cific person that would cause a reasonable person to 
suffer substantial emotional distress or to fear bodily 
injury, sexual assault, or death to the person, or the 
person’s spouse, parent, or son or daughter, or any 
other person who regularly resides in the person’s 
household, if the conduct causes the specific person 
to have such distress or fear. 
(23) VICTIM
SERVICES
ORGANIZATION.—The 
term ‘‘victim services organization’’ means a non-
profit, nongovernmental organization that provides 
assistance to victims of domestic or sexual violence 
or to advocates for such victims, including a rape 
crisis center, an organization carrying out a domes-
tic violence program, an organization operating a 
shelter or providing counseling services, or an orga-
nization providing assistance through the legal proc-
ess.
216 
Subtitle A—Entitlement to Emer-
gency Leave for Addressing Do-
mestic or Sexual Violence 
SEC. 711. PURPOSES. 
The purposes of this subtitle are, pursuant to the af-
firmative power of Congress to enact legislation under the 
portions of section 8 of article I of the Constitution relat-
ing 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;
217 
(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 by preventing sex-based discrimination and 
discrimination against victims of domestic and sex-
ual violence in employment leave, addressing the 
failure of existing laws to protect the employment 
rights of victims of domestic or sexual violence, by 
protecting their civil and economic rights, and by 
furthering the equal opportunity of women for eco-
nomic self-sufficiency and employment free from dis-
crimination; 
(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; 
(6) to further the goals of human rights and 
dignity reflected in instruments such as the United 
Nations Charter, the Universal Declaration of
218 
Human Rights, and the International Covenant on 
Civil and Political Rights; and 
(7) to accomplish the purposes described in 
paragraphs (1) through (6) by— 
(A) entitling employed victims of domestic 
or sexual violence to take leave to seek medical 
help, legal assistance, counseling, safety plan-
ning, and other assistance without penalty from 
their employers; and 
(B) prohibiting employers from discrimi-
nating against actual or perceived victims of do-
mestic or sexual violence, in a manner that ac-
commodates the legitimate interests of employ-
ers and protects the safety of all persons in the 
workplace. 
SEC. 712. ENTITLEMENT TO EMERGENCY LEAVE FOR AD-
DRESSING DOMESTIC OR SEXUAL VIOLENCE. 
(a) LEAVE REQUIREMENT.— 
(1) BASIS.—An employee who is a victim of do-
mestic or sexual violence may take leave from work 
to address domestic or sexual violence, by— 
(A) seeking medical attention for, or recov-
ering from, physical or psychological injuries 
caused by domestic or sexual violence to the
219 
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.
220 
(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-
221 
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
222 
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.
223 
(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.
224 
(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
225 
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;
226 
(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.
227 
(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-
228 
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.—
229 
(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-
230 
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
231 
(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-
232 
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
233 
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
234 
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. 713. 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-
235 
riod of such leave for an equivalent period of leave pro-
vided under section 712. 
SEC. 714. 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 712. 
(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:
236 
‘‘(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. 715. EFFECT ON OTHER LAWS AND EMPLOYMENT BEN-
EFITS. 
(a) MORE PROTECTIVE LAWS, AGREEMENTS, PRO-
GRAMS, AND PLANS.—Nothing in this subtitle shall be 
construed to supersede any provision of any Federal, 
State, or local law, collective bargaining agreement, or em-
ployment benefits program or plan that provides— 
(1) greater leave benefits for victims of domes-
tic or sexual violence than the rights established 
under this subtitle; 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 subtitle. 
(b) LESS PROTECTIVE LAWS, AGREEMENTS, PRO-
GRAMS, AND PLANS.—The rights established for victims
237 
of domestic or sexual violence under this subtitle shall not 
be diminished by any State or local law, collective bar-
gaining agreement, or employment benefits program or 
plan. 
SEC. 716. 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. 717. EFFECTIVE DATE. 
This subtitle and the amendment made by this sub-
title take effect 180 days after the date of enactment of 
this Act. 
Subtitle B—Entitlement to Unem-
ployment Compensation for Vic-
tims of Domestic Violence, Dat-
ing Violence, Sexual Assault, or 
Stalking 
SEC. 721. PURPOSES. 
The purposes of this subtitle are, pursuant to the af-
firmative power of Congress to enact legislation under the 
portions of section 8 of article I of the Constitution relat-
ing to laying and collecting taxes, providing for the general 
welfare, and regulation of commerce among the several
238 
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;
239 
(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. 722. 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;