I
105TH CONGRESS
1ST SESSION
H. R. 1332
To protect the civil rights of victims of gender-motivated violence and to
promote public safety, health, and regulate activities affecting interstate
commerce by creating employer liability for negligent conduct that results
in an individual’s committing a gender-motivated crime of violence
against another individual on premises controlled by the employer.
IN THE HOUSE OF REPRESENTATIVES
APRIL 15, 1997
Mrs. MALONEY of New York (for herself, Mr. CONYERS, Mrs. MINK of Ha-
waii, and Ms. CHRISTIAN-GREEN) introduced the following bill; which was
referred to the Committee on Education and the Workforce, and in addi-
tion to the Committee on the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned
A BILL
To protect the civil rights of victims of gender-motivated
violence and to promote public safety, health, and regu-
late activities affecting interstate commerce by creating
employer liability for negligent conduct that results in
an individual’s committing a gender-motivated crime of
violence against another individual on premises controlled
by the employer.
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 ‘‘Employer Liability for
Gender-Related Violence Act of 1997’’.
SEC. 2. NEGLIGENTLY ALLOWING GENDER-MOTIVATED
VIOLENCE.
(a) CAUSE OF ACTION.—An employer—
(1) whose business is in or affects interstate or
foreign commerce; and
(2) whose negligent conduct results in a per-
son’s (including a person who acts under color of
statute, ordinance, regulation, custom, or usage of
any State) committing a crime of violence motivated
by gender against another person on premises under
the control of the employer;
shall be liable to the party injured, in an action for the
recovery of compensatory and punitive damages, injunc-
tive and declaratory relief, and such other relief as a court
may deem appropriate.
(b) DEFINITIONS.—For the purposes of this Act—
(1) the term ‘‘crime of violence motivated by
gender’’ means a crime of violence committed be-
cause of gender or on the basis of gender; and
(2) the term ‘‘crime of violence’’—
(A) means an act or series of acts that
would constitute a crime, for which imprison-
ment of more than one year may be imposed,
against the person of another if that crime is
a crime of violence as defined in section 16 of
title 18, United States Code; and
(B) includes any conduct that would con-
stitute a felony described in subparagraph (A)
but for the relationship between the person en-
gaging in that conduct and the individual
against whom such conduct is directed.
(c) LIMITATION AND PROCEDURES.—
(1) LIMITATION.—Nothing in this section enti-
tles a person to a cause of action under subsection
(a) for random acts of violence unrelated to gender
or for acts that cannot be demonstrated, by a pre-
ponderance of the evidence, to be motivated by gen-
der.
(2) NO PRIOR CRIMINAL ACTION.—Nothing in
this section requires a prior criminal complaint,
prosecution, or conviction to establish the elements
of a cause of action under subsection (a).
(3) CONCURRENT JURISDICTION.—The Federal
and State courts shall have concurrent jurisdiction
over actions brought pursuant to this Act.
(d) MATERIALS TO ASSIST EMPLOYERS.—The Equal
Employment Opportunity Commission shall create and
provide materials to employers regarding personnel poli-
cies and safety standards to assist employers in avoiding
liability under this section.
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