(1) Sexual harassment in employment persists
widely in the workplace, although it violates title VII
of the Civil Rights Act of 1964 and adversely affects
employees.
(2) According to guidelines issued by the Equal
Employment Opportunity Commission in 1980, the
most effective tool for eliminating sexual harassment
is prevention.
(3) The United States Merit Systems Protec-
tion Board found in 1981 and 1988 surveys of Fed-
eral Government employees that 42 percent of fe-
male employees and 14 percent of male employees
questioned had experienced some kind of harassment
in employment. The American Psychological Associa-
tion estimates that at least 1⁄2 of all working women
have been sexually harassed at the workplace during
their careers.
(4) The vast majority of sexual harassment epi-
sodes go unreported to a supervisory employee or
other individual designated by the employer. Only 5
percent of the Federal Government employees who
indicated in the 1988 Merit Systems Protection
Board survey that they had been harassed filed a
formal complaint or requested an investigation of
the harassment.
(5) Sexual harassment has a significant cost for
employees and employers. A 1988 study by Working
Woman Magazine shows that sexual harassment
costs a typical ‘‘Fortune 500’’ private employer
$6,000,000, or $292.53 per employee, each year.
The same study estimates that it is 34 times more
expensive for such an employer to ignore the prob-
lem than it is to establish effective programs and
policies to address the problem.
(6) Most job growth over the next decade is ex-
pected to occur in employment by small employers.
Sixty-six percent of the individuals who will enter
the work force during this period are expected to be
female. The establishment of programs and policies
in small-business environments, at a low cost to em-
ployers, will be a key prevention priority to reduce
sexual harassment in employment.
(b) PURPOSES.—The purposes of this Act are—
(1) to establish workplace requirements that
will reduce the incidence of sexual harassment in
employment,
(2) to provide a low-cost system to assist em-
ployers to establish programs and policies to prevent
sexual harassment in employment,
(3) to raise the awareness of employees of the
definition of sexual harassment and of available ave-
nues of redress, and
(4) to increase the authority and capacity of the
Equal Employment Opportunity Commission to as-
sist in preventing sexual harassment in employment.
SEC. 3. EMPLOYER REQUIREMENTS.
(a) POSTING
OF NOTICE
IN
THE WORKPLACE.—
Each employer shall post and keep posted in conspicuous
places upon its premises where notices to employees and
applicants for employment are customarily posted, a no-
tice that shall be prepared or approved by the Commission
and shall set forth—
(1) the definition of sexual harassment found in
section 1604.11(a) of title 29 of the Code of Federal
Regulations (July 1, 1992),
(2) the fact that sexual harassment in employ-
ment is a violation of title VII of the Civil Rights
Act of 1964,
(3) information describing how to file a claim
alleging such harassment, including information on
the time periods within which an alleged victim of
discrimination (including sexual harassment) must
file a claim in order to satisfy the applicable statute
of limitations applicable to such claim,
(4) an address, and the toll-free telephone num-
ber, to be used to contact the Commission regarding
such harassment or compliance with the require-
ments of this Act, and
(5) such other information as the Commission
may require.
(b) SEPARATE NOTICE
TO INDIVIDUAL EMPLOY-
EES.—Each employer shall provide annually to each em-
ployee separately a written notice that includes—
(1) the matters specified in paragraphs (1)
through (4) of subsection (a),
(2) a description of the procedures established
by such employer to resolve allegations of sexual
harassment in employment, and
(3) such other information as the Commission
may require.
Such notice shall be provided in a manner that ensures
that such employee actually receives such notice.
(c) MANAGEMENT INFORMATION FOR SUPERVISORY
EMPLOYEES.—Not later than 60 days after an employer
places an individual in a supervisory employment position
or 1 year after the date of the enactment of this Act,
whichever occurs later, such employer shall provide to the
supervisory employee information specifying the respon-
sibilities of, and the methods to be used by, such employee
to ensure that immediate and corrective action is taken
to address allegations of sexual harassment in employ-
ment.
(d) CIVIL PENALTY.—A willful violation of this sec-
tion shall be punishable by a civil penalty of not more than
$1,000 for each separate violation.
SEC. 4. DUTIES OF THE COMMISSION.
(a) TECHNICAL ASSISTANCE MATERIALS.—Not later
than 180 days after the date of the enactment of this Act,
the Commission shall prepare, revise from time to time
as needed, and make available to employers at no cost (by
publication in the Federal Register or other means)—
(1) a model notice of the kind required by sec-
tion 3(a) to be posted,
(2) a model notice of the kind required by sec-
tion 3(b) to be provided to employees, and
(3) voluntary guidelines for the establishment of
policies and procedures by employers to address alle-
gations of discrimination (including sexual harass-
ment) in employment.
(b) TOLL-FREE TELEPHONE NUMBER.—Not later
than 180 days after the date of the enactment of this Act,
the Commission shall provide a toll-free telephone number
for use by employees and employers in the United States
to obtain—