SEC. 5. AMENDMENT TO THE AMERICANS WITH DISABIL-
ITIES ACT OF 1990. 
(a) STANDARD FOR EMPLOYER LIABILITY FOR HOS-
TILE WORK ENVIRONMENT.—Section 102 of the Ameri-
cans with Disabilities Act of 1990 (42 U.S.C. 12112) is 
amended by adding at the end the following: 
‘‘(e) Subject to section 12 of the Fair Employment 
Protection Act of 2017, an employer shall be liable for 
the acts of any individual whose harassment of an em-
ployee has created or continued a hostile work environ-
ment that constitutes discrimination against a qualified 
individual on the basis of disability under this section if, 
at the time of the harassment— 
‘‘(1) such individual was authorized by the em-
ployer— 
‘‘(A) to undertake or recommend tangible 
employment actions affecting the qualified indi-
vidual; or 
‘‘(B) to direct the qualified individual’s 
daily work activities; or 
‘‘(2) the negligence of the employer led to the 
creation or continuation of that hostile work environ-
ment.’’. 
(b) STANDARD FOR EMPLOYER LIABILITY FOR RE-
TALIATORY HOSTILE WORK ENVIRONMENT.—Section 503 
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of the Americans with Disabilities Act of 1990 (42 U.S.C. 
12203) is amended— 
(1) by redesignating subsection (c) as sub-
section (d); 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) Subject to section 12 of the Fair Employment 
Protection Act of 2017, an employer shall be liable for 
the acts of any individual whose harassment of an em-
ployee has created or continued a retaliatory hostile work 
environment that constitutes retaliatory discrimination, as 
described in subsection (a), or the carrying out of any un-
lawful acts described in subsection (b), if, at the time of 
the harassment— 
‘‘(1) such individual was authorized by the em-
ployer— 
‘‘(A) to undertake or recommend tangible 
employment actions affecting the employee; or 
‘‘(B) to direct the employee’s daily work 
activities; or 
‘‘(2) the negligence of the employer led to the 
creation or continuation of that retaliatory hostile 
work environment.’’; and 
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(3) in subsection (d), as redesignated by para-
graph (1), by striking ‘‘subsections (a) and (b)’’ and 
inserting ‘‘subsections (a), (b), and (c)’’. 
SEC. 6. AMENDMENT TO THE REHABILITATION ACT OF 
1973. 
(a) STANDARD FOR EMPLOYER LIABILITY FOR HOS-
TILE WORK ENVIRONMENT AND RETALIATORY HOSTILE 
WORK ENVIRONMENT.—Section 501 of the Rehabilitation 
Act of 1973 (29 U.S.C. 791) is amended by adding at 
the end the following: 
‘‘(h) Subject to section 12 of the Fair Employment 
Protection Act of 2017, each department, agency, and in-
strumentality in the executive branch of Government and 
the Smithsonian Institution shall be liable for the acts of 
any individual within such department, agency, instrumen-
tality, or the Smithsonian Institution whose harassment 
of an individual with a disability has created or continued 
a hostile work environment, or a retaliatory hostile work 
environment, that constitutes nonaffirmative action em-
ployment discrimination under this section if, at the time 
of the harassment— 
‘‘(1) such individual was authorized by that de-
partment, agency, instrumentality, or the Smithso-
nian Institution— 
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‘‘(A) to undertake or recommend tangible 
employment actions affecting the individual 
with a disability; or 
‘‘(B) to direct the daily work activities of 
the individual with a disability; or 
‘‘(2) the negligence of that department, agency, 
instrumentality, or the Smithsonian Institution led 
to the creation or continuation of that hostile work 
environment or retaliatory hostile work environ-
ment.’’. 
(b) STANDARD FOR EMPLOYER LIABILITY FOR HOS-
TILE WORK ENVIRONMENT AND RETALIATORY HOSTILE 
WORK ENVIRONMENT.—Section 504 of the Rehabilitation 
Act of 1973 (29 U.S.C. 794) is amended by adding at 
the end the following: 
‘‘(e) Subject to section 12 of the Fair Employment 
Protection Act of 2017, an employer described under sub-
section (b) shall be liable for the acts of any individual 
whose harassment of a qualified individual with a dis-
ability has created or continued a hostile work environ-
ment, or a retaliatory hostile work environment, that con-
stitutes employment discrimination under this section if, 
at the time of the harassment— 
‘‘(1) such individual was authorized by such 
employer— 
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‘‘(A) to undertake or recommend tangible 
employment actions affecting the qualified indi-
vidual with a disability; or 
‘‘(B) to direct the daily work activities of 
the qualified individual with a disability; or 
‘‘(2) the negligence of such employer led to the 
creation or continuation of that hostile work environ-
ment or retaliatory hostile work environment.’’. 
(c) REMEDIES.—Section 505 of the Rehabilitation 
Act of 1973 (29 U.S.C. 794a) is amended by adding at 
the end of subsection (a) the following: 
‘‘(3) Sections 501(h) and 504(e) shall apply to 
hostile work environment claims and retaliatory hos-
tile work environment claims under this section.’’. 
SEC. 7. AMENDMENT TO SECTION 1977 OF THE REVISED 
STATUTES. 
Section 1977 of the Revised Statutes (42 U.S.C. 
1981) is amended by adding at the end the following: 
‘‘(d) Subject to section 12 of the Fair Employment 
Protection Act of 2017, a nongovernmental employer shall 
be liable for the acts of any individual whose harassment 
of an employee has created a hostile work environment 
or a retaliatory hostile work environment, constituting an 
unlawful employment practice, if, at the time of the har-
assment— 
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‘‘(1) such individual was authorized by the em-
ployer— 
‘‘(A) to undertake or recommend tangible 
employment actions affecting the employee; or 
‘‘(B) to direct the employee’s daily work 
activities; or 
‘‘(2) the negligence of the employer led to the 
creation or continuation of that hostile work environ-
ment or retaliatory hostile work environment.’’. 
SEC. 8. AMENDMENT TO THE GENETIC INFORMATION NON-
DISCRIMINATION ACT OF 2008. 
(a) STANDARD FOR EMPLOYER LIABILITY FOR HOS-
TILE WORK ENVIRONMENT.—Section 202 of the Genetic 
Information Nondiscrimination Act of 2008 (42 U.S.C. 
2000ff–1) is amended by adding at the end the following: 
‘‘(d) Subject to section 12 of the Fair Employment 
Protection Act of 2017, an employer shall be liable for 
the acts of any individual whose harassment of an em-
ployee has created or continued a hostile work environ-
ment that constitutes an unlawful employment practice 
under this section if, at the time of the harassment— 
‘‘(1) such individual was authorized by the em-
ployer— 
‘‘(A) to undertake or recommend tangible 
employment actions affecting the employee; or 
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SEC. 9. AMENDMENT TO THE GOVERNMENT EMPLOYEE 
RIGHTS ACT OF 1991. 
Section 302 of the Government Employee Rights Act 
of 1991 (42 U.S.C. 2000e–16b) is amended by adding at 
the end the following: 
‘‘(c) Subject to section 12 of the Fair Employment 
Protection Act of 2017, an employer of an individual de-
scribed under section 304(a) shall be liable for the acts 
of any individual whose harassment of a State employee 
described in section 304 has created or continued a hostile 
work environment or a retaliatory hostile work environ-
ment constituting discrimination under this section, if at 
the time of the harassment— 
‘‘(1) such individual was authorized by such 
employer— 
‘‘(A) to undertake or recommend tangible 
employment actions affecting the employee; or 
‘‘(B) to direct the employee’s daily work 
activities; or 
‘‘(2) the negligence of the employer led to the 
creation or continuation of that hostile work environ-
ment or retaliatory hostile work environment.’’. 
SEC. 10. AMENDMENT TO TITLE 3, UNITED STATES CODE. 
Section 411 of title 3, United States Code, is amend-
ed— 
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(1) by redesignating subsections (c) through (f) 
as subsections (d) through (g), respectively; 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) LIABILITY OF EMPLOYING OFFICE.—Subject to 
section 12 of the Fair Employment Protection Act of 
2017, an employing office shall be liable for the acts of 
any individual whose harassment of a covered employee 
has created or continued a hostile work environment or 
a retaliatory hostile work environment constituting dis-
crimination under this section if, at the time of the harass-
ment— 
‘‘(1) such individual was authorized by the em-
ploying office— 
‘‘(A) to undertake or recommend tangible 
employment actions affecting the covered em-
ployee; or 
‘‘(B) to direct the covered employee’s daily 
work activities; or 
‘‘(2) the negligence of the employing office led 
to the creation or continuation of that hostile work 
environment or retaliatory hostile work environ-
ment.’’; and 
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(3) in subsection (f), as redesignated by para-
graph (1), by striking ‘‘subsections (a) through (c)’’ 
and inserting ‘‘subsections (a) through (d).’’. 
SEC. 11. AMENDMENT TO THE CONGRESSIONAL ACCOUNT-
ABILITY ACT OF 1995. 
Section 201 of the Congressional Accountability Act 
of 1995 (2 U.S.C. 1311) is amended— 
(1) by redesignating subsection (d) as subsection (e); 
and 
(2) by inserting after subsection (c) the following: 
‘‘(d) Subject to section 12 of the Fair Employment 
Protection Act of 2017, an employing office shall be liable 
for the acts of any individual whose harassment of a cov-
ered employee has created or continued a hostile work en-
vironment or a retaliatory hostile work environment that 
constitutes discrimination under this section if, at the time 
of the harassment— 
‘‘(1) such individual was authorized by the em-
ploying office— 
‘‘(A) to undertake or recommend tangible 
employment actions affecting the covered em-
ployee; or 
‘‘(B) to direct the covered employee’s daily 
work activities; or 
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‘‘(2) the negligence of the employing office led 
to the creation or continuation of that hostile work 
environment or retaliatory hostile work environ-
ment.’’. 
SEC. 12. RULE OF CONSTRUCTION. 
Nothing in this Act shall be construed to limit the 
availability of, or access to, defenses available under the 
law. 
SEC. 13. SAVINGS CLAUSE. 
If any provision of this Act is declared invalid, the 
other provisions in this Act will remain in full force and 
effect. 
SEC. 14. APPLICATION. 
This Act, and the amendments made by this Act, 
shall apply to all claims pending on or after the date of 
enactment of this Act. 
Æ 
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