309 
likely to lead to unsubsidized employment in emerg-
ing or in-demand occupations in the local area. 
Funds under this section may be used to provide 
support services, such as transportation and child 
care, that are necessary to enable the participation 
of individuals in subsidized employment opportuni-
ties. 
(2) LEVEL OF SUBSIDY AND DURATION.—The 
States or local entities described in subsection (d)(1) 
may determine the percentage of the wages and 
costs of employing a participant for which an em-
ployer may receive a subsidy with the funds provided 
under this section, and the duration of such subsidy, 
in accordance with guidance issued by the Secretary. 
The State or local entities may establish criteria for 
determining such percentage or duration using ap-
propriate factors such as the size of the employer 
and types of employment. 
(f) COORDINATION OF FEDERAL ADMINISTRATION.— 
The Secretary of Labor shall administer this section in 
coordination with the Secretary of Health and Human 
Services to ensure the effective implementation of this sec-
tion. 
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SEC. 1265. SUMMER EMPLOYMENT AND YEAR-ROUND EM-
PLOYMENT 
OPPORTUNITIES 
FOR 
LOW-IN-
COME YOUTH. 
(a) IN GENERAL.—From the funds available under 
section 1263(a)(2), the Secretary of Labor shall make an 
allotment under subsection (c) to each State that has a 
State plan modification (or other form of request for funds 
specified in guidance under subsection (b)) approved 
under subsection (d) and to each outlying area and Native 
American grantee under section 166 of the Workforce In-
novation and Opportunity Act that meets the require-
ments of this section, for the purpose of providing summer 
employment and year-round employment opportunities to 
low-income youth. 
(b) GUIDANCE
AND APPLICATION
OF REQUIRE-
MENTS.— 
(1) GUIDANCE.—Not later than 20 days after 
the date of enactment of this Act, the Secretary of 
Labor shall issue guidance regarding the implemen-
tation of this section. Such guidance shall, consistent 
with this section, include procedures for the submis-
sion and approval of State plan modifications, or for 
forms of requests for funds by the State as may be 
identified in such guidance, local plan modifications, 
or other forms of requests for funds from local work-
force investment areas as may be identified in such 
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311 
guidance, and the allotment and allocation of funds, 
including reallotment and reallocation of such funds, 
that promote the expeditious and effective implemen-
tation of the activities authorized under this section. 
(2) REQUIREMENTS.—Except as otherwise pro-
vided in the guidance described in paragraph (1) 
and in this section and other provisions of this Act, 
the funds provided for activities under this section 
shall be administered in accordance with subtitles B 
and E of title I of the Workforce Innovation and 
Opportunity Act relating to youth activities. 
(c) STATE ALLOTMENTS.— 
(1) RESERVATIONS FOR OUTLYING AREAS AND 
TRIBES.—Of the funds described in subsection (a), 
the Secretary shall reserve— 
(A) not more than one-quarter of 1 percent 
to provide assistance to outlying areas to pro-
vide summer and year-round employment op-
portunities to low-income youth; and 
(B) 1.5 percent to provide assistance to 
grantees of the Native American programs 
under section 166 of the Workforce Innovation 
and Opportunity Act to provide summer and 
year-round employment opportunities to low-in-
come youth. 
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312 
(2) STATES.—After determining the amounts to 
be reserved under paragraph (1), the Secretary of 
Labor shall allot the remainder of the amounts de-
scribed in subsection (a) among the States in ac-
cordance with the factors described in section 
1264(b)(2) of this Act. 
(3) REALLOTMENT.—If the Governor of a State 
does not submit a State plan modification or other 
request for funds specified in guidance under sub-
section (b) by the time specified in subsection 
(d)(2)(B), or a State does not receive approval of 
such State plan modification or request, the amount 
the State would have been eligible to receive pursu-
ant to the formula under paragraph (2) shall be 
added to the amounts available for the competitive 
grants under section 1263(a)(3). 
(d) STATE PLAN MODIFICATION.— 
(1) IN GENERAL.—For a State to be eligible to 
receive an allotment of the funds under subsection 
(c), the Governor of the State shall submit to the 
Secretary of Labor a modification to a State plan 
approved under section 102 of the Workforce Inno-
vation and Opportunity Act, or other request for 
funds described in guidance in subsection (b), in 
such form and containing such information as the 
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313 
Secretary may require. At a minimum, such plan 
modification or request shall include— 
(A) a description of the strategies and ac-
tivities to be carried out to provide summer em-
ployment opportunities and year-round employ-
ment opportunities, including the linkages to 
educational activities, consistent with subsection 
(f); 
(B) a description of the requirements the 
States will apply relating to the eligibility of 
low-income 
youth, 
consistent 
with 
section 
1268(4), for summer employment opportunities 
and 
year-round 
employment 
opportunities, 
which may include criteria to target assistance 
to particular categories of such low-income 
youth, such as youth with disabilities, con-
sistent with subsection (f); 
(C) a description of the performance out-
comes to be achieved by the State through the 
activities carried out under this section and the 
processes the State will use to track perform-
ance, consistent with guidance provided by the 
Secretary of Labor regarding such outcomes 
and processes and with section 1267(b); 
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(D) a description of the timelines for im-
plementation of the activities described in sub-
paragraph (A), and the number of low-income 
youth expected to be placed in summer employ-
ment opportunities, and year-round employment 
opportunities, respectively, by quarter; 
(E) assurances that the State will report 
such information as the Secretary may require 
relating to fiscal, performance and other mat-
ters that the Secretary determines is necessary 
to effectively monitor the activities carried out 
under this section; and 
(F) assurances that the State will ensure 
compliance with the labor standards protections 
described in section 1267(a). 
(2) SUBMISSION
AND
APPROVAL
OF
STATE 
PLAN MODIFICATION OR REQUEST.— 
(A) SUBMISSION.—The Governor shall 
submit a modification of the State plan or other 
request for funds described in guidance in sub-
section (b) to the Secretary of Labor not later 
than 30 days after the issuance of such guid-
ance. The State plan modification or request for 
funds required under this subsection may be 
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316 
(1) IN GENERAL.—Of the funds allotted to the 
State under subsection (c), the Governor— 
(A) may reserve up to 5 percent of the al-
lotment for administration and technical assist-
ance; and 
(B) shall allocate the remainder of the al-
lotment among local workforce investment areas 
within the State in accordance with the factors 
identified in section 1264(b)(2), except that for 
purposes of such allocation references to a 
State in such paragraph shall be deemed to be 
references to a local workforce investment area 
and references to all States shall be deemed to 
be references to all local areas in the State in-
volved. Not more than 10 percent of the funds 
allocated to a local workforce investment area 
may be used for the costs of administration of 
this section. 
(2) LOCAL PLAN.— 
(A) SUBMISSION.—In order to receive an 
allocation under paragraph (1)(B), the local 
workforce investment board, in partnership with 
the chief elected official for the local workforce 
investment area involved, shall submit to the 
Governor a modification to a local plan ap-
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317 
proved under section 108 of the Workforce In-
novation and Opportunity Act, or other form of 
request for funds as may be identified in the 
guidance issued under subsection (b), not later 
than 30 days after the submission by the State 
of the modification to the State plan or other 
request for funds identified in subsection (b), 
describing the strategies and activities to be 
carried out under this section. 
(B) APPROVAL.—The Governor shall ap-
prove the local plan submitted under subpara-
graph (A) within 30 days after submission, un-
less the Governor determines that the plan is 
inconsistent with requirements of this section. 
If the Governor has not made a determination 
within 30 days, the plan shall be considered ap-
proved. If the plan is disapproved, the Governor 
may provide a reasonable period of time in 
which a disapproved plan may be amended and 
resubmitted for approval. The Governor shall 
allocate funds to local workforce investment 
areas with approved plans within 30 days after 
approval. 
(3) REALLOCATION.—If a local workforce in-
vestment board does not submit a local plan modi-
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fication (or other request for funds identified in 
guidance under subsection (b)) by the time specified 
in paragraph (2), or does not receive approval of a 
local plan, the amount the local workforce invest-
ment area would have been eligible to receive pursu-
ant to the formula under paragraph (1)(B) shall be 
allocated to local workforce investment areas that re-
ceive approval of the local plan modification or re-
quest for funds under paragraph (2). Such realloca-
tions shall be made in accordance with the relative 
share of the allocations to such local workforce in-
vestment areas applying the formula factors de-
scribed under paragraph (1)(B). 
(f) USE OF FUNDS.— 
(1) IN GENERAL.—The funds provided under 
this section shall be used— 
(A) to provide summer employment oppor-
tunities for low-income youth, ages 16 through 
24, with direct linkages to academic and occu-
pational learning, and may include the provision 
of supportive services, such as transportation or 
child care, necessary to enable such youth to 
participate; and 
(B) to provide year-round employment op-
portunities, which may be combined with other 
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activities authorized under section 129 of the 
Workforce Innovation and Opportunity Act, to 
low-income youth, ages 16 through 24, with a 
priority to out-of-school youth who are— 
(i) high school dropouts; or 
(ii) recipients of a secondary school 
diploma or its equivalent but who are basic 
skills deficient unemployed or under-
employed. 
(2) PROGRAM
PRIORITIES.—In administering 
the funds under this section, the local board and 
local chief elected officials shall give a priority to— 
(A) identifying employment opportunities 
that are— 
(i) in emerging or in-demand occupa-
tions in the local workforce investment 
area; or 
(ii) in the public or nonprofit sector 
that meet community needs; and 
(B) linking year-round program partici-
pants to training and educational activities that 
will provide such participants an industry-recog-
nized certificate or credential. 
(3) PERFORMANCE ACCOUNTABILITY.—For ac-
tivities funded under this section, in lieu of the re-
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quirements described in section 116 of the Work-
force Innovation and Opportunity Act, State and 
local workforce investment areas shall provide such 
reports as the Secretary of Labor may require re-
garding the performance outcomes described in sec-
tion 1267(a)(5). 
SEC. 1266. WORK-BASED EMPLOYMENT STRATEGIES OF 
DEMONSTRATED EFFECTIVENESS. 
(a) IN GENERAL.—From the funds available under 
section 1263(a)(3), the Secretary of Labor shall award 
grants on a competitive basis to eligible entities to carry 
out work-based strategies of demonstrated effectiveness. 
(b) USE OF FUNDS.—The grants awarded under this 
section shall be used to support strategies and activities 
of demonstrated effectiveness that are designed to provide 
unemployed, low-income adults or low-income youth with 
the skills that will lead to employment as part of or upon 
completion of participation in such activities. Such strate-
gies and activities may include— 
(1) on-the-job training, registered apprentice-
ship programs, or other programs that combine work 
with skills development; 
(2) sector-based training programs that have 
been designed to meet the specific requirements of 
an employer or group of employers in that sector 
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and where employers are committed to hiring indi-
viduals upon successful completion of the training; 
(3) training that supports an industry sector or 
an employer-based or labor-management committee 
industry partnership which includes a significant 
work-experience component; 
(4) acquisition of industry-recognized creden-
tials in a field identified by the State or local work-
force investment area as a growth sector or demand 
industry in which there are likely to be significant 
job opportunities in the short term; 
(5) connections to immediate work opportuni-
ties, including subsidized employment opportunities, 
or summer employment opportunities for youth, that 
includes concurrent skills training and other sup-
ports; 
(6) career academies that provide students with 
the academic preparation and training, including 
paid internships and concurrent enrollment in com-
munity colleges or other postsecondary institutions, 
needed to pursue a career pathway that leads to 
postsecondary credentials and high-demand jobs; 
and 
(7) adult basic education and integrated basic 
education and training models for low-skilled adults, 
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322 
hosted at community colleges or at other sites, to 
prepare individuals for jobs that are in demand in 
a local area. 
(c) ELIGIBLE ENTITY.—An eligible entity shall in-
clude a local chief elected official, in collaboration with the 
local workforce investment board for the local workforce 
investment area involved (which may include a partnership 
with of such officials and boards in the region and in the 
State), or an entity eligible to apply for an Indian and 
Native American grant under section 166 of the Work-
force Innovation and Opportunity Act, and may include, 
in partnership with such officials, boards, and entities, the 
following— 
(1) employers or employer associations; 
(2) adult education providers and postsecondary 
educational institutions, including community col-
leges; 
(3) community-based organizations; 
(4) joint labor-management committees; 
(5) work-related intermediaries; or 
(6) other appropriate organizations. 
(d) APPLICATION.—An eligible entity seeking to re-
ceive a grant under this section shall submit to the Sec-
retary of Labor an application at such time, in such man-
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323 
ner, and containing such information as the Secretary may 
require. At a minimum, the application shall— 
(1) describe the strategies and activities of dem-
onstrated effectiveness that the eligible entities will 
carry out to provide unemployed, low-income adults 
and low-income youth with the skills that will lead 
to employment upon completion of participation in 
such activities; 
(2) describe the requirements that will apply re-
lating to the eligibility of unemployed, low-income 
adults or low-income youth, consistent with para-
graphs (4) and (6) of section 1268, for activities 
carried out under this section, which may include 
criteria to target assistance to particular categories 
of such adults and youth, such as individuals with 
disabilities or individuals who have exhausted all 
rights to unemployment compensation; 
(3) describe how the strategies and activities 
address the needs of the target populations identi-
fied in paragraph (2) and the needs of employers in 
the local area; 
(4) describe the expected outcomes to be 
achieved by implementing the strategies and activi-
ties; 
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(5) provide evidence that the funds provided 
may be expended expeditiously and efficiently to im-
plement the strategies and activities; 
(6) describe how the strategies and activities 
will be coordinated with other Federal, State and 
local programs providing employment, education and 
supportive activities; 
(7) provide evidence of employer commitment to 
participate in the activities funded under this sec-
tion, including identification of anticipated occupa-
tional and skill needs; 
(8) provide assurances that the grant recipient 
will report such information as the Secretary may 
require relating to fiscal, performance and other 
matters that the Secretary determines is necessary 
to effectively monitor the activities carried out under 
this section; and 
(9) provide assurances that the use of the funds 
provided under this section will comply with the 
labor standards and protections described section 
1267(a). 
(e) PRIORITY
IN AWARDS.—In awarding grants 
under this section, the Secretary of Labor shall give a pri-
ority to applications submitted by eligible entities from 
areas of high poverty and high unemployment, as defined 
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by the Secretary, such as Public Use Microdata Areas 
(PUMAs) as designated by the Census Bureau. 
(f) COORDINATION OF FEDERAL ADMINISTRATION.— 
The Secretary of Labor shall administer this section in 
coordination with the Secretary of Education, Secretary 
of Health and Human Services, and other appropriate 
agency heads, to ensure the effective implementation of 
this section. 
SEC. 1267. GENERAL REQUIREMENTS. 
(a) LABOR STANDARDS AND PROTECTIONS.—Activi-
ties provided with funds under this Act shall be subject 
to the requirements and restrictions, including the labor 
standards, described in section 181 of the Workforce Inno-
vation and Opportunity Act and the nondiscrimination 
provisions of section 188 of such Act, in addition to other 
applicable Federal laws. 
(b) REPORTING.—The Secretary may require the re-
porting of information relating to fiscal, performance and 
other matters that the Secretary determines is necessary 
to effectively monitor the activities carried out with funds 
provided under this Act. At a minimum, grantees and sub-
grantees shall provide information relating to— 
(1) the number individuals participating in ac-
tivities with funds provided under this Act and the 
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number of such individuals who have completed such 
participation; 
(2) the expenditures of funds provided under 
the Act; 
(3) the number of jobs created pursuant to the 
activities carried out under this Act; 
(4) the demographic characteristics of individ-
uals participating in activities under this Act; and 
(5) the performance outcomes of individuals 
participating in activities under this Act, including— 
(A) for adults participating in activities 
funded under section 1264 of this Act— 
(i) entry in unsubsidized employment; 
(ii) retention in unsubsidized employ-
ment; and 
(iii) earnings in unsubsidized employ-
ment; 
(B) for low-income youth participating in 
summer employment activities under sections 
1265 and 1266— 
(i) work readiness skill attainment 
using an employer validated checklist; and 
(ii) placement in or return to sec-
ondary or postsecondary education or 
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training, or entry into unsubsidized em-
ployment; 
(C) for low-income youth participating in 
year-round employment activities under section 
1265 or in activities under section 1266— 
(i) placement in or return to post-sec-
ondary education; 
(ii) attainment of high school diploma 
or its equivalent; 
(iii) attainment of an industry-recog-
nized credential; and 
(iv) entry into unsubsidized employ-
ment, retention, and earnings as described 
in subparagraph (A); and 
(D) for unemployed, low-income adults 
participating in activities under section 1266— 
(i) entry into unsubsidized employ-
ment, retention, and earnings as described 
in subparagraph (A); and 
(ii) the attainment of industry-recog-
nized credentials. 
(c) ACTIVITIES REQUIRED TO BE ADDITIONAL.— 
Funds provided under this Act shall only be used for ac-
tivities that are in addition to activities that would other-
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wise be available in the State or local area in the absence 
of such funds. 
(d) ADDITIONAL REQUIREMENTS.—The Secretary of 
Labor may establish such additional requirements as the 
Secretary determines may be necessary to ensure fiscal in-
tegrity, effective monitoring, and the appropriate and 
prompt implementation of the activities under this Act. 
(e) REPORT OF INFORMATION AND EVALUATIONS TO 
CONGRESS AND THE PUBLIC.—The Secretary of Labor 
shall provide to the appropriate Committees of the Con-
gress and make available to the public the information re-
ported pursuant to subsection (b) and the evaluations of 
activities carried out pursuant to the funds reserved under 
section 1263(b). 
SEC. 1268. DEFINITIONS. 
In this subtitle: 
(1) LOCAL
CHIEF
ELECTED
OFFICIAL.—The 
term ‘‘local chief elected official’’ means the chief 
elected executive officer of a unit of local govern-
ment in a local workforce investment area or in the 
case where more than one unit of general govern-
ment, the individuals designated under an agreement 
described in section 107(c)(1)(B) of the Workforce 
Innovation and Opportunity Act. 
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(2) LOCAL WORKFORCE INVESTMENT AREA.— 
The term ‘‘local workforce investment area’’ means 
such area designated under section 106 of the Work-
force Innovation and Opportunity Act. 
(3) LOCAL WORKFORCE INVESTMENT BOARD.— 
The term ‘‘local workforce investment board’’ means 
such board established under section 107 of the 
Workforce Innovation and Opportunity Act. 
(4) LOW-INCOME YOUTH.—The term ‘‘low-in-
come youth’’ means an individual who— 
(A) is age 16 through 24; 
(B) meets the definition of a low-income 
individual provided in section 3 of the Work-
force Innovation and Opportunity Act, except 
that States, local workforce investment areas 
under section 1265 and eligible entities under 
section 1266(c), subject to approval in the ap-
plicable State plans, local plans, and applica-
tions for funds, may increase the income level 
specified in subparagraph (B)(i) of such section 
to an amount not in excess of 200 percent of 
the poverty line for purposes of determining eli-
gibility for participation in activities under sec-
tions 1265 and 1266 of this Act; and 
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(C) is in one or more of the categories 
specified in section 101(13)(C) of the Work-
force Investment Act of 1998, as in effect on 
the day before the date of enactment of the 
Workforce Innovation and Opportunity Act. 
(5) OUTLYING
AREA.—The term ‘‘outlying 
area’’ means the United States Virgin Islands, 
Guam, American Samoa, the Commonwealth of the 
Northern Mariana Islands, and the Republic of 
Palau. 
(6) UNEMPLOYED, LOW-INCOME ADULT.—The 
term ‘‘unemployed, low-income adult’’ means an in-
dividual who— 
(A) is age 18 or older; 
(B) is without employment and is seeking 
assistance under this subtitle to obtain employ-
ment; and 
(C) meets the definition of a ‘‘low-income 
individual’’ under section 3 of the Workforce 
Innovation and Opportunity Act, except that for 
that States, local entities described in section 
1264(d)(1) and eligible entities under section 
1266(c), subject to approval in the applicable 
State plans, local plans, and applications for 
funds, may increase the income level specified 
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in subparagraph (B)(i) of such section to an 
amount not in excess of 200 percent of the pov-
erty line for purposes of determining eligibility 
for participation in activities under sections 
1264 and 1266 of this Act. 
(7) STATE.—The term ‘‘State’’ means each of 
the several States of the United States, the District 
of Columbia, and Puerto Rico. 
Subtitle 
D—Prohibition 
of 
Dis-
crimination in Employment on 
the Basis of an Individual’s Sta-
tus as Unemployed 
SEC. 1271. SHORT TITLE. 
This subtitle may be cited as the ‘‘Fair Employment 
Opportunity Act of 2017’’. 
SEC. 1272. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds that denial of em-
ployment opportunities to individuals because of their sta-
tus as unemployed is discriminatory and burdens com-
merce by— 
(1) reducing personal consumption and under-
mining economic stability and growth; 
(2) squandering human capital essential to the 
Nation’s economic vibrancy and growth; 
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(3) increasing demands for Federal and State 
unemployment insurance benefits, reducing trust 
fund assets, and leading to higher payroll taxes for 
employers, cuts in benefits for jobless workers, or 
both; 
(4) imposing additional burdens on publicly 
funded health and welfare programs; and 
(5) depressing income, property, and other tax 
revenues that the Federal Government, States, and 
localities rely on to support operations and institu-
tions essential to commerce. 
(b) PURPOSES.—The purposes of this subtitle are— 
(1) to prohibit employers and employment agen-
cies from disqualifying an individual from employ-
ment opportunities because of that individual’s sta-
tus as unemployed; 
(2) to prohibit employers and employment agen-
cies from publishing or posting any advertisement or 
announcement for an employment opportunity that 
indicates that an individual’s status as unemployed 
disqualifies that individual for the opportunity; and 
(3) to eliminate the burdens imposed on com-
merce due to the exclusion of such individuals from 
employment. 
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333 
SEC. 1273. DEFINITIONS. 
As used in this subtitle— 
(1) the term ‘‘affected individual’’ means any 
person who was subject to an unlawful employment 
practice solely because of that individual’s status as 
unemployed; 
(2) the term ‘‘Commission’’ means the Equal 
Employment Opportunity Commission; 
(3) the term ‘‘employee’’ means— 
(A) an employee as defined in section 
701(f) of the Civil Rights Act of 1964 (42 
U.S.C. 2000e(f)); 
(B) a State employee to which section 
302(a)(1) of the Government Employee Rights 
Act of 1991 (42 U.S.C. 2000e–16b(a)(1)) ap-
plies; 
(C) a covered employee, as defined in sec-
tion 101 of the Congressional Accountability 
Act of 1995 (2 U.S.C. 1301) or section 411(c) 
of title 3, United States Code; or 
(D) an employee or applicant to which sec-
tion 717(a) of the Civil Rights Act of 1964 (42 
U.S.C. 2000e–16(a)) applies; 
(4) the term ‘‘employer’’ means— 
(A) a person engaged in an industry affect-
ing commerce (as defined in section 701(h) of 
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334 
the Civil Rights Act of 1964 (42 U.S.C. 
2000e(h))) who has 15 or more employees for 
each working day in each of 20 or more cal-
endar weeks in the current or preceding cal-
endar year, and any agent of such a person, but 
does not include a bona fide private member-
ship club that is exempt from taxation under 
section 501(c) of the Internal Revenue Code of 
1986; 
(B) an employing authority to which sec-
tion 302(a)(1) of the Government Employee 
Rights Act of 1991 applies; 
(C) an employing office, as defined in sec-
tion 101 of the Congressional Accountability 
Act of 1995 or section 411(c) of title 3, United 
States Code; or 
(D) an entity to which section 717(a) of 
the Civil Rights Act of 1964 (42 U.S.C. 2000e– 
16(a)) applies; 
(5) the term ‘‘employment agency’’ means any 
person regularly undertaking with or without com-
pensation to procure employees for an employer or 
to procure for individuals opportunities to work as 
employees for an employer and includes an agent of 
such a person, and any person who maintains an 
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335 
Internet website or print medium that publishes ad-
vertisements or announcements of openings in jobs 
for employees; 
(6) the term ‘‘person’’ has the meaning given 
the term in section 701(a) of the Civil Rights Act 
of 1964 (42 U.S.C. 2000e(a)); and 
(7) the term ‘‘status as unemployed’’, used with 
respect to an individual, means that the individual, 
at the time of application for employment or at the 
time of action alleged to violate this subtitle, does 
not have a job, is available for work and is searching 
for work. 
SEC. 1274. PROHIBITED ACTS. 
(a) EMPLOYERS.—It shall be an unlawful employ-
ment practice for an employer to— 
(1) publish in print, on the Internet, or in any 
other medium, an advertisement or announcement 
for an employee for any job that includes— 
(A) any provision stating or indicating that 
an individual’s status as unemployed disquali-
fies the individual for any employment oppor-
tunity; or 
(B) any provision stating or indicating that 
an employer will not consider or hire an indi-
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336 
vidual for any employment opportunity based 
on that individual’s status as unemployed; 
(2) fail or refuse to consider for employment, or 
fail or refuse to hire, an individual as an employee 
because of the individual’s status as unemployed; or 
(3) direct or request that an employment agen-
cy take an individual’s status as unemployed into ac-
count to disqualify an applicant for consideration, 
screening, or referral for employment as an em-
ployee. 
(b) EMPLOYMENT AGENCIES.—It shall be an unlaw-
ful employment practice for an employment agency to— 
(1) publish, in print or on the Internet or in 
any other medium, an advertisement or announce-
ment for any vacancy in a job, as an employee, that 
includes— 
(A) any provision stating or indicating that 
an individual’s status as unemployed disquali-
fies the individual for any employment oppor-
tunity; or 
(B) any provision stating or indicating that 
the employment agency or an employer will not 
consider or hire an individual for any employ-
ment opportunity based on that individual’s sta-
tus as unemployed; 
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337 
(2) screen, fail or refuse to consider, or fail or 
refuse to refer an individual for employment as an 
employee because of the individual’s status as unem-
ployed; or 
(3) limit, segregate, or classify any individual in 
any manner that would limit or tend to limit the in-
dividual’s access to information about jobs, or con-
sideration, screening, or referral for jobs, as employ-
ees, solely because of an individual’s status as unem-
ployed. 
(c) INTERFERENCE WITH RIGHTS, PROCEEDINGS OR 
INQUIRIES.—It shall be unlawful for any employer or em-
ployment agency to— 
(1) interfere with, restrain, or deny the exercise 
of or the attempt to exercise, any right provided 
under this subtitle; or 
(2) fail or refuse to hire, to discharge, or in any 
other manner to discriminate against any individual, 
as an employee, because such individual— 
(A) opposed any practice made unlawful by 
this subtitle; 
(B) has asserted any right, filed any 
charge, or has instituted or caused to be insti-
tuted any proceeding, under or related to this 
subtitle; 
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338 
(C) has given, or is about to give, any in-
formation in connection with any inquiry or 
proceeding relating to any right provided under 
this subtitle; or 
(D) has testified, or is about to testify, in 
any inquiry or proceeding relating to any right 
provided under this subtitle. 
(d) CONSTRUCTION.—Nothing in this subtitle is in-
tended to preclude an employer or employment agency 
from considering an individual’s employment history, or 
from examining the reasons underlying an individual’s sta-
tus as unemployed, in assessing an individual’s ability to 
perform a job or in otherwise making employment deci-
sions about that individual. Such consideration or exam-
ination may include an assessment of whether an individ-
ual’s employment in a similar or related job for a period 
of time reasonably proximate to the consideration of such 
individual for employment is job-related or consistent with 
business necessity. 
SEC. 1275. ENFORCEMENT. 
(a) ENFORCEMENT POWERS.—With respect to the 
administration and enforcement of this subtitle— 
(1) the Commission shall have the same powers 
as the Commission has to administer and enforce— 
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339 
(A) title VII of the Civil Rights Act of 
1964 (42 U.S.C. 2000e et seq.); or 
(B) sections 302 and 304 of the Govern-
ment Employee Rights Act of 1991 (42 U.S.C. 
2000e–16b and 2000e–16c), in the case of an 
affected individual who would be covered by 
such title, or by section 302(a)(1) of the Gov-
ernment Employee Rights Act of 1991 (42 
U.S.C. 2000e–16b(a)(1)), respectively; 
(2) the Librarian of Congress shall have the 
same powers as the Librarian of Congress has to ad-
minister and enforce title VII of the Civil Rights Act 
of 1964 (42 U.S.C. 2000e et seq.) in the case of an 
affected individual who would be covered by such 
title; 
(3) the Board (as defined in section 101 of the 
Congressional Accountability Act of 1995 (2 U.S.C. 
1301)) shall have the same powers as the Board has 
to administer and enforce the Congressional Ac-
countability Act of 1995 (2 U.S.C. 1301 et seq.) in 
the case of an affected individual who would be cov-
ered by section 201(a)(1) of such Act (2 U.S.C. 
1311(a)(1)); 
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340 
(4) the Attorney General shall have the same 
powers as the Attorney General has to administer 
and enforce— 
(A) title VII of the Civil Rights Act of 
1964 (42 U.S.C. 2000e et seq.); or 
(B) sections 302 and 304 of the Govern-
ment Employee Rights Act of 1991 (42 U.S.C. 
2000e–16b and 2000e–16c); in the case of an 
affected individual who would be covered by 
such title, or of section 302(a)(1) of the Gov-
ernment Employee Rights Act of 1991 (42 
U.S.C. 2000e–16b(a)(1)), respectively; 
(5) the President, the Commission, and the 
Merit Systems Protection Board shall have the same 
powers as the President, the Commission, and the 
Board, respectively, have to administer and enforce 
chapter 5 of title 3, United States Code, in the case 
of an affected individual who would be covered by 
section 411 of such title; and 
(6) a court of the United States shall have the 
same jurisdiction and powers as the court has to en-
force— 
(A) title VII of the Civil Rights Act of 
1964 (42 U.S.C. 2000e et seq.) in the case of 
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342 
(2) the procedures applicable for a violation of 
section 302(a)(1) of the Government Employee 
Rights Act of 1991 (42 U.S.C. 2000e–16b(a)(1)) in 
the case of a claim alleged by such individual for a 
violation of such section; 
(3) the procedures applicable for a violation of 
section 201(a)(1) of the Congressional Account-
ability Act of 1995 (2 U.S.C. 1311(a)(1)) in the 
case of a claim alleged by such individual for a viola-
tion of such section; and 
(4) the procedures applicable for a violation of 
section 411 of title 3, United States Code, in the 
case of a claim alleged by such individual for a viola-
tion of such section. 
(c) REMEDIES.— 
(1) In any claim alleging a violation of section 
1274(a)(1) or 1274(b)(1) of this subtitle, an indi-
vidual, or any person acting on behalf of the indi-
vidual as set forth in section 1275(a) of this subtitle, 
may be awarded, as appropriate: 
(A) An order enjoining the respondent 
from engaging in the unlawful employment 
practice. 
(B) Reimbursement of costs expended as a 
result of the unlawful employment practice. 
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343 
(C) An amount in liquidated damages not 
to exceed $1,000 for each day of the violation. 
(D) Reasonable attorney’s fees (including 
expert fees) and costs attributable to the pur-
suit of a claim under this subtitle, except that 
no person identified in section 733(a) of this 
subtitle shall be eligible to receive attorney’s 
fees. 
(2) In any claim alleging a violation of any 
other subsection of this subtitle, an individual, or 
any person acting on behalf of the individual as set 
forth in section 1275(a) of this subtitle, may be 
awarded, as appropriate, the remedies available for 
a violation of title VII of the Civil Rights Act of 
1964 (42 U.S.C. 2000e et seq.), section 302(a)(1) of 
the Government Employee Rights Act of 1991 (42 
U.S.C. 2000e–16b(a)(1)), section 201(a)(1) of the 
Congressional Accountability Act of 1995 (2 U.S.C. 
1311(a)(1)), and section 411 of title 3, United 
States Code, except that in a case in which wages, 
salary, employment benefits, or other compensation 
have not been denied or lost to the individual, dam-
ages may be awarded in an amount not to exceed 
$5,000. 
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344 
SEC. 1276. FEDERAL AND STATE IMMUNITY. 
(a) ABROGATION
OF STATE IMMUNITY.—A State 
shall not be immune under the 11th Amendment to the 
Constitution from a suit brought in a Federal court of 
competent jurisdiction for a violation of this subtitle. 
(b) WAIVER OF STATE IMMUNITY.— 
(1) IN GENERAL.— 
(A) WAIVER.—A State’s receipt or use of 
Federal financial assistance for any program or 
activity of a State shall constitute a waiver of 
sovereign immunity, under the 11th Amend-
ment to the Constitution or otherwise, to a suit 
brought by an employee or applicant for em-
ployment of that program or activity under this 
subtitle for a remedy authorized under section 
1275(c) of this subtitle. 
(B) DEFINITION.—In this paragraph, the 
term ‘‘program or activity’’ has the meaning 
given the term in section 606 of the Civil 
Rights Act of 1964 (42 U.S.C. 2000d–4a). 
(2) EFFECTIVE DATE.—With respect to a par-
ticular program or activity, paragraph (1) applies to 
conduct occurring on or after the day, after the date 
of enactment of this Act, on which a State first re-
ceives or uses Federal financial assistance for that 
program or activity. 
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345 
(c) REMEDIES AGAINST STATE OFFICIALS.—An offi-
cial of a State may be sued in the official capacity of the 
official by any employee or applicant for employment who 
has complied with the applicable procedures of this sub-
title, for relief that is authorized under this subtitle. 
(d) REMEDIES AGAINST THE UNITED STATES AND 
THE STATES.—Notwithstanding any other provision of 
this subtitle, in an action or administrative proceeding 
against the United States or a State for a violation of this 
subtitle, remedies (including remedies at law and in eq-
uity) are available for the violation to the same extent as 
such remedies would be available against a nongovern-
mental entity. 
SEC. 1277. RELATIONSHIP TO OTHER LAWS. 
This subtitle shall not invalidate or limit the rights, 
remedies, or procedures available to an individual claiming 
discrimination prohibited under any other Federal law or 
regulation or any law or regulation of a State or political 
subdivision of a State. 
SEC. 1278. SEVERABILITY. 
If any provision of this subtitle, or the application 
of the provision to any person or circumstance, is held to 
be invalid, the remainder of this subtitle and the applica-
tion of the provision to any other person or circumstances 
shall not be affected by the invalidity. 
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346 
SEC. 1279. EFFECTIVE DATE. 
This subtitle shall take effect on the date of enact-
ment of this Act and shall not apply to conduct occurring 
before the effective date. 
TITLE XIII—LIVING AMERICAN 
WAGE 
SEC. 1301. SHORT TITLE. 
This title may be cited as the ‘‘Raise the Wage Act’’. 
SEC. 1302. MINIMUM WAGE INCREASES. 
(a) IN GENERAL.—Section 6(a)(1) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended 
to read as follows: 
‘‘(1) except as otherwise provided in this sec-
tion, not less than— 
‘‘(A) $9.25 an hour, beginning on the ef-
fective date under section 7 of the Raise the 
Wage Act; 
‘‘(B) $10.10 an hour, beginning 1 year 
after such effective date; 
‘‘(C) $11.00 an hour, beginning 2 years 
after such effective date; 
‘‘(D) $12.00 an hour, beginning 3 years 
after such effective date; 
‘‘(E) $13.00 an hour, beginning 4 years 
after such effective date; 
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347 
‘‘(F) $13.50 an hour, beginning 5 years 
after such effective date; 
‘‘(G) $14.25 an hour, beginning 6 years 
after such effective date; 
‘‘(H) $15.00 an hour, beginning 7 years 
after such effective date; and 
‘‘(I) beginning on the date that is 8 years 
after such effective date, and annually there-
after, the amount determined by the Secretary 
under subsection (h);’’. 
(b) DETERMINATION BASED ON INCREASE IN THE 
MEDIAN HOURLY WAGE OF ALL EMPLOYEES.—Section 
6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 
206) is amended by adding at the end the following: 
‘‘(h)(1) Not later than each date that is 90 days be-
fore a new minimum wage determined under subsection 
(a)(1)(I) is to take effect, the Secretary shall determine 
the minimum wage to be in effect under this subsection 
for each period described in subsection (a)(1)(I). The wage 
determined under this subsection for a year shall be— 
‘‘(A) not less than the amount in effect under 
subsection (a)(1) on the date of such determination; 
‘‘(B) increased from such amount by the annual 
percentage increase, if any, in the median hourly 
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