240 
(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
241 
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.
242 
‘‘(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
243 
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.—
244 
(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;
245 
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 subtitle 
shall be construed to supersede any provision of any 
Federal, State, or local law, collective bargaining 
agreement, or employment benefits program or plan 
that provides greater unemployment insurance bene-
fits for victims of domestic or sexual violence than 
the rights established under this subtitle. 
(2) LESS
PROTECTIVE
LAWS, AGREEMENTS, 
PROGRAMS, AND PLANS.—The rights established for 
victims of domestic or sexual violence under this 
subtitle shall not be diminished by any more restric-
tive State or local law, collective bargaining agree-
ment, or employment benefits program or plan.
246 
Subtitle C—Victims’ Employment 
Sustainability 
SEC. 731. SHORT TITLE. 
This subtitle may be cited as the ‘‘Victims’ Employ-
ment Sustainability Act’’. 
SEC. 732. 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
247 
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
248 
(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. 733. 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
249 
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—
250 
(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
251 
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;