I 
115TH CONGRESS 
2D SESSION 
H. R. 6406 
To deter, prevent, reduce, and respond to harassment in the workplace, 
including sexual harassment, sexual assault, and harassment based on 
protected categories; and to amend the Internal Revenue Code of 1986 
to modify the tax treatment of amounts related to employment discrimi-
nation and harassment in the workplace, including sexual harassment, 
sexual assault, and harassment based on protected categories. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 17, 2018 
Ms. FRANKEL of Florida (for herself, Mr. POE of Texas, Mr. NADLER, Mrs. 
COMSTOCK, and Ms. BLUNT ROCHESTER) introduced the following bill; 
which was referred to the Committee on Education and the Workforce, 
and in addition to the Committees on Ways and Means, Financial Serv-
ices, House Administration, Oversight and Government Reform, and the 
Judiciary, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To deter, prevent, reduce, and respond to harassment in 
the workplace, including sexual harassment, sexual as-
sault, and harassment based on protected categories; and 
to amend the Internal Revenue Code of 1986 to modify 
the tax treatment of amounts related to employment 
discrimination and harassment in the workplace, includ-
ing sexual harassment, sexual assault, and harassment 
based on protected categories. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ending the Monopoly 
of Power Over Workplace Harassment through Education 
and Reporting Act’’ or the ‘‘EMPOWER Act’’. 
TITLE I—PREVENTING AND RE-
SPONDING 
TO 
WORKPLACE 
HARASSMENT 
SEC. 101. PURPOSE AND AUTHORITY. 
It is the purpose of this title, through the exercise 
by Congress of its power to regulate commerce among the 
several States, to deter, prevent, reduce, and respond to 
harassment in the workplace, including sexual harass-
ment, sexual assault, and harassment based on other pro-
tected categories. 
SEC. 102. DEFINITIONS. 
In this title: 
(1) APPLICANT.—The term ‘‘applicant’’ means 
an applicant for employment as an employee, inde-
pendent contractor, or outside worker. 
(2) CHARGE
OF
DISCRIMINATION.—The term 
‘‘Charge of Discrimination’’ means a charge of dis-
crimination filed pursuant to section 706 of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e–5). 
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(3) COMMISSION.—The term ‘‘Commission’’ 
means the Equal Employment Opportunity Commis-
sion. 
(4) 
EMPLOYEE.—The 
term 
‘‘employee’’ 
means— 
(A) an individual employed by an employer 
described in paragraph (5), including an outside 
worker in such individual’s office or place of 
employment; 
(B) an employee to which section 703, 704 
or 717(a) of the Civil Rights Act of 1964 (42 
U.S.C. 2000e–2; 2000e–3; 2000e–16(a)) ap-
plies, including an outside worker in such an 
employee’s office or place of employment; 
(C) 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, including an outside worker in such a 
State employee’s office or place of employment; 
or 
(D) 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, including an out-
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side worker in such a covered employee’s office 
or place of employment. 
(5) 
EMPLOYER.—The 
term 
‘‘employer’’ 
means— 
(A) a person engaged in an industry affect-
ing commerce, and any agent of such a person; 
(B) an entity to which section 703, 704, or 
717(a) of the Civil Rights Act of 1964 applies; 
(C) an employing authority to which sec-
tion 302(a)(1) of the Government Employee 
Rights Act of 1991 applies; or 
(D) 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. 
(6) FAIR
EMPLOYMENT
PRACTICES
AGEN-
CIES.—The term ‘‘fair employment practices agen-
cies’’ means State and local agencies with the au-
thority to enforce laws or regulations to prohibit dis-
crimination in employment. 
(7) INDEPENDENT
CONTRACTOR.—The term 
‘‘independent contractor’’ means an individual who, 
with respect to an employer, is a contractor based on 
the common law of agency. 
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