I
103D CONGRESS
1ST SESSION
H. R. 2829
To require employers to post, and to provide to employees individually, infor-
mation relating to sexual harassment that violates title VII of the Civil
Rights Act of 1964; and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 2, 1993
Mr. MILLER of California (for himself and Ms. SNOWE) introduced the follow-
ing bill; which was referred jointly to the Committees on Education and
Labor, Post Office and Civil Service, and House Administration
A BILL
To require employers to post, and to provide to employees
individually, information relating to sexual harassment
that violates title VII of the Civil Rights Act of 1964;
and for other purposes.
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 ‘‘Sexual Harassment
Prevention Act of 1993’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds the following:
(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 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’’ 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 problem than it is to es-
tablish 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 with the
Commission a complaint alleging such harassment,
including information on the time periods within
which an alleged victim of discrimination (including
sexual harassment) must file a charge with the
Equal Employment Opportunity Commission, or a
State or local fair employment agency, in order to
satisfy the statute of limitations applicable to claims
under title VII,
(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—
(1) information regarding compliance with this
Act, and
(2) the model notices and guidelines prepared
under subsection (a).
SEC. 5. ENFORCEMENT.
Section 3 shall be enforced—
(1) by the Commission with respect to viola-
tions alleged by employees as defined in subpara-
graphs (A), (B), and (E) of section 6(2),
(2) by the House of Representatives in the
manner described in section 117(a)(2)(B) of the
Civil Rights Act of 1992 (2 U.S.C. 60l) with respect
to violations alleged by employees as defined in sec-
tion 6(2)(C) of this Act, and
(3) by the Senate in the manner described in
the Government Employee Rights Act of 1992 (2
U.S. 120 et seq.) with respect to violations alleged
by employees as defined in section 6(2)(D) of this
Act.
SEC. 6. DEFINITIONS.
For purposes of this Act—
(1) the term ‘‘Commission’’ means the Equal
Employment Opportunity Commission,
(2) 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) an employee referred to in section
717(a) of such Act (42 U.S.C. 2000e–16(a)),
(C) an employee in an employment position
of the House of Representatives,
(D) a Senate employee as defined in sec-
tion 301(c)(1) of the Government Employee
Rights Act of 1991 (2 U.S.C. 1201(c)(1)), or
(E) an employee (other than a Senate em-
ployee) in an employment position of an instru-
mentality of the Congress,
(3) the term ‘‘employer’’ means—
(A) an employer as defined in section
701(b) of the Civil Rights Act of 1964 (42
U.S.C. 2000e(b)),
(B) a Federal entity to which section
717(a) of the Civil Rights Act of 1964 (42
U.S.C. 2000e–716(a)) applies, or
(C) an employing authority of the House
of Representatives, of the Senate, or of an in-
strumentality of the Congress,
(4) the term ‘‘instrumentality of the Congress’’
means the Architect of the Capitol, the Congres-
sional Budget Office, the Office of Technology As-
sessment, the United States Botanic Garden, and
those units of the Government Printing Office with
positions in the excepted service, and
(5) the term ‘‘sexual harassment’’ has the same
meaning as such term has for purposes of title VII
of the Civil Rights Act of 1964 (42 U.S.C. 2000e–
2000e–17).
SEC. 7. EFFECTIVE DATES.
(a) GENERAL EFFECTIVE DATE.—Except as pro-
vided in subsection (b), this Act shall take effect on the
date of the enactment of this Act.
(b) EFFECTIVE DATE OF SECTION 3.—Section 3
shall take effect 1 year after the date of the enactment
of this Act.
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