I 
116TH CONGRESS 
1ST SESSION H. R. 2148 
To prevent discrimination and harassment in employment. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 9, 2019 
Ms. CLARK of Massachusetts (for herself, Ms. PRESSLEY, Ms. SLOTKIN, and 
Ms. MUCARSEL-POWELL) introduced the following bill; which was re-
ferred to the Committee on Education and Labor, and in addition to the 
Committees on the Judiciary, House Administration, Oversight and Re-
form, and Veterans’ Affairs, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
A BILL 
To prevent discrimination and harassment in employment. 
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 ‘‘Bringing an End to 
Harassment by Enhancing Accountability and Rejecting 
Discrimination in the Workplace Act’’ or the ‘‘BE 
HEARD in the Workplace Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents of this Act is as follows: 
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. Purposes. 
TITLE I—RESEARCHING AND PREVENTING WORKPLACE 
HARASSMENT; TIPPED EMPLOYEES 
Sec. 100. Definitions. 
Subtitle A—Preventing Workplace Harassment 
Sec. 101. Mandatory nondiscrimination policies. 
Sec. 102. Nondiscrimination training. 
Sec. 103. Resource materials on policies and trainings for small businesses. 
Sec. 104. Education, training, and technical assistance to employers. 
Sec. 105. Task force regarding harassment. 
Sec. 106. Resource materials on employment climate assessments. 
Sec. 107. Establishing an Office of Education and Outreach within the Equal 
Employment Opportunity Commission. 
Sec. 108. Relationship to other laws. 
Sec. 109. Authorization of appropriations. 
Subtitle B—Research and Additional Resources for Harassment Prevention 
Sec. 111. National prevalence survey on harassment in employment. 
Sec. 112. Study and report on harassment in the Federal Government. 
Sec. 113. Studies, reports, and further research. 
Subtitle C—Preventing Harassment of Tipped Employees 
Sec. 121. Tipped employees. 
TITLE II—STRENGTHENING WORKPLACE RIGHTS 
Sec. 201. Clarifying sexual orientation discrimination and gender identity dis-
crimination are unlawful sex discrimination. 
Sec. 202. Covered employers. 
Sec. 203. Compensatory and punitive damages available. 
Sec. 204. Harassment and discrimination; standards of proof. 
Sec. 205. Clarifying other standards of proof. 
Sec. 206. Supervisor liability. 
Sec. 207. Extending the statutes of limitations. 
Sec. 208. Extending the time limitations on Federal employees filing a com-
plaint. 
TITLE III—BROADENING PROTECTIONS AND ENSURING 
TRANSPARENCY 
Sec. 301. Independent contractors, interns, fellows, volunteers, and trainees. 
Sec. 302. Nondisclosure agreements. 
Sec. 303. Prohibition on mandatory arbitration and protection of concerted 
legal action. 
Sec. 304. Federal contractor compliance with civil rights laws. 
TITLE IV—NATIONWIDE GRANTS TO PREVENT AND RESPOND TO 
WORKPLACE HARASSMENT 
Sec. 401. Definitions. 
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6211
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
Subtitle A—National Grants for Preventing and Addressing Employment 
Discrimination, Including Harassment 
Sec. 411. Definitions. 
Sec. 412. Grants. 
Sec. 413. Authorization of appropriations. 
Subtitle B—Grants for Legal Assistance for Low-Income Workers 
Sec. 421. Definitions. 
Sec. 422. Grants for civil legal needs related to employment discrimination. 
Sec. 423. Authorization of appropriations. 
Subtitle C—Grants for a System of State Advocacy 
Sec. 431. Purpose. 
Sec. 432. Definitions. 
Sec. 433. Allotments and payments. 
Sec. 434. System required. 
Sec. 435. Administration. 
Sec. 436. Authorization of appropriations. 
TITLE V—GENERAL PROVISIONS 
Sec. 501. Severability. 
SEC. 3. PURPOSES. 
The purposes of this Act are— 
(1) to prevent and reduce prohibited discrimina-
tion and harassment in employment; 
(2) to prevent and reduce discriminatory and 
harassing conduct in the workplace; 
(3) to identify and implement best practices in 
creating a workplace free from discrimination and 
harassment; 
(4) to update and clarify certain employment 
nondiscrimination laws; and 
(5) to expand workers’ access to counsel and 
advocacy services to protect the legal and human 
rights of workers by preventing and reducing dis-
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
crimination and harassment and responding to viola-
tions of worker’s rights. 
TITLE 
I—RESEARCHING 
AND 
PREVENTING 
WORKPLACE 
HARASSMENT; 
TIPPED 
EM-
PLOYEES 
SEC. 100. DEFINITIONS. 
In this title: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Equal Employment Opportunity Commis-
sion. 
(2) EMPLOYER.—The term ‘‘employer’’ has the 
meaning given the term in section 701 of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e), as amended 
by section 202 of this Act. 
Subtitle A—Preventing Workplace 
Harassment 
SEC. 101. MANDATORY NONDISCRIMINATION POLICIES. 
(a) POLICIES.— 
(1) IN GENERAL.—Beginning not later than 1 
year after the date of enactment of this Act, each 
employer who has 15 or more employees shall adopt, 
maintain, and periodically review a comprehensive 
nondiscrimination policy, which shall establish poli-
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
cies and procedures concerning prohibited discrimi-
nation and harassment in employment. 
(2) DISSEMINATION
AND
POSTING.—The em-
ployer shall disseminate the comprehensive non-
discrimination policy to each employee at the begin-
ning of employment, annually, and on the issuance 
of any update to the comprehensive nondiscrimina-
tion policy. The employer shall post the comprehen-
sive nondiscrimination policy in prominent locations, 
including in a prominent location on the employer’s 
website. 
(b) CONTENTS.—At a minimum, the comprehensive 
nondiscrimination policy shall include— 
(1) a definition of prohibited discrimination and 
prohibited harassment in employment; 
(2) a description of the types of behaviors pro-
hibited by the policy; 
(3) the identification of multiple persons to 
whom an employee may report such discrimination 
or harassment; 
(4) a description of multiple methods for re-
porting such discrimination or harassment; 
(5) a general description of how the employer 
will conduct prompt, thorough, and impartial inves-
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
tigations and respond to complaints regarding such 
discrimination or harassment; 
(6) a prohibition against retaliation related to 
such discrimination or harassment, including dis-
closing, reporting, or challenging such discrimination 
or harassment; 
(7) a description of potential consequences for 
violating the policy; and 
(8) any additional components required by the 
Commission for the purpose of preventing unlawful 
discrimination and harassment. 
(c) 
ACCESSIBILITY.—The 
comprehensive 
non-
discrimination policy shall be made available in plain 
English and in an accessible manner for individuals with 
disabilities and for individuals who primarily speak a lan-
guage other than English. 
(d) ENFORCEMENT.— 
(1) Subject to paragraph (2), an employer who 
fails to comply with this section shall be fined not 
more than $1,000 for each separate offense. 
(2) An employer who repeatedly or willfully fails 
to comply with this section shall be fined not less 
than $5,000 for each separate offense. 
(e) REGULATIONS.—The Commission shall have au-
thority to promulgate regulations to carry out this section. 
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
SEC. 102. NONDISCRIMINATION TRAINING. 
(a) IN GENERAL.—The Commission shall promulgate 
regulations to require appropriate employers, as deter-
mined by the Commission, to provide— 
(1) in-person or other interactive training for 
each employee regarding discriminatory and haras-
sing behaviors in employment; and 
(2) training specifically designed for supervisors 
regarding the prevention of and response to dis-
crimination and harassment in employment, includ-
ing retaliation. 
(b) REQUIRED TRAINING.—The requirements de-
scribed in subsection (a) shall— 
(1) be based on research on effective training; 
and 
(2) identify specific elements of such training. 
(c) ENFORCEMENT.—The Commission shall issue 
remedies for noncompliance by regulation. 
SEC. 
103. 
RESOURCE 
MATERIALS 
ON 
POLICIES 
AND 
TRAININGS FOR SMALL BUSINESSES. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Commission shall make 
publicly available resource materials on comprehensive 
nondiscrimination policies and trainings on such policies 
for employers with fewer than 15 employees. 
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
(b) CONTENTS.—Such resource materials shall in-
clude, at a minimum— 
(1) model comprehensive nondiscrimination 
policies concerning prohibited discrimination and 
harassment in employment, as described in section 
101, for use by employers with fewer than 15 em-
ployees, which shall— 
(A) be designed to be easily distributed by 
such employers to employees; 
(B) take into account the resources avail-
able to such employers; 
(C) take into account the particular needs 
of employees of such employers; 
(D) be made available in plain English and 
in accessible formats for individuals with dis-
abilities and for individuals who primarily speak 
a language other than English; 
(E) include a definition of prohibited dis-
crimination and harassment in employment; 
(F) include examples of prohibited dis-
criminatory and harassing behaviors; 
(G) describe how the employer may con-
duct prompt, thorough, and impartial investiga-
tions and respond to complaints regarding such 
prohibited discrimination and harassment; 
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
(H) include a prohibition against retalia-
tion related to such discrimination or harass-
ment; 
(I) include policies that reflect the needs of 
a variety of different types of workplaces, in-
cluding those with differing work structures, fa-
cilities, or tasks; 
(J) describe behaviors that would con-
stitute retaliation; and 
(K) include a description of potential con-
sequences for violating the comprehensive non-
discrimination policy; and 
(2) model trainings regarding prohibited dis-
crimination and harassment in employment, as de-
scribed in section 102, for use by employers with 
fewer than 15 employees, which shall— 
(A) take into account the resources avail-
able to such employers; 
(B) take into account the particular needs 
of employees of such employers; 
(C) be made available in plain English and 
in accessible formats for individuals with dis-
abilities and for individuals who primarily speak 
a language other than English; 
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
(D) be made available in an online format 
that is widely available to such employers and 
employees of such employers; 
(E) include an explanation of prohibited 
discrimination and harassment in employment, 
including retaliation related to such discrimina-
tion and harassment; 
(F) describe the affirmative behaviors that 
contribute to preventing and reducing harass-
ment and discrimination in employment; 
(G) include trainings designed to address 
the needs of a variety of workplaces, including 
those with differing work structures, facilities, 
and tasks; 
(H) include best practices for preventing 
prohibited discrimination and harassment spe-
cific to industries in which the Commission de-
termines that harassment is particularly preva-
lent or severe; and 
(I) include any additional information the 
Commission determines may prevent discrimi-
nation and harassment of employees. 
(c) INDIVIDUALIZATION.—The Commission shall en-
sure that resource materials under this section are de-
signed to facilitate individual employers to customize 
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
training to address the needs of their workplaces, includ-
ing differing work structures, facilities, and tasks. 
SEC. 104. EDUCATION, TRAINING, AND TECHNICAL ASSIST-
ANCE TO EMPLOYERS. 
The Commission shall have the authority to— 
(1) reasonably adjust the fees the Commission 
charges for any education, technical assistance, or 
training the Commission offers in accordance with 
section 705(j)(1) of the Civil Rights Act of 1964 (42 
U.S.C. 2000e–4(j)(1)); 
(2) use the materials developed by the Commis-
sion for any education, technical assistance, or train-
ing offered by the Commission in accordance with 
that section in any education and outreach activities 
carried out by the Commission; and 
(3) use funds from the Commission’s EEOC 
Education, Technical Assistance, and Training Re-
volving Fund, established under section 705(k) of 
the Civil Rights Act of 1964 (42 U.S.C. 2000e– 
4(k)), to pay the full salaries of any Commission em-
ployees that develop and administer any education, 
technical assistance, or training programs offered by 
the Commission. 
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
SEC. 105. TASK FORCE REGARDING HARASSMENT. 
(a) IN GENERAL.—The Commission shall establish 
and periodically convene a harassment prevention task 
force (referred to in this subsection as the ‘‘Task Force’’) 
to study prohibited harassment in employment. 
(b) MEMBERSHIP.—The Task Force established 
under paragraph (1) shall include membership that re-
flects a broad diversity of experience and expertise relating 
to prohibited harassment, including— 
(1) employee advocates; 
(2) researchers with expertise in organizational 
culture change or reducing behavior related to har-
assment and discrimination; 
(3) legal practitioners with professional exper-
tise related to harassment litigation on behalf of em-
ployees; 
(4) legal practitioners with experience serving 
as a chief legal officer or human resource officer in 
a corporate legal department; 
(5) individuals with expertise in diversity and 
inclusion initiatives; 
(6) individuals who have experienced prohibited 
harassment in employment; and 
(7) union leaders. 
(c) DUTIES.—The Task Force shall— 
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
(5) assessments of the effectiveness of different 
types of training to reduce and prevent harassment 
in employment; and 
(6) assessments of the effectiveness of other 
proactive initiatives and interventions to reduce and 
prevent harassment in employment. 
SEC. 106. RESOURCE MATERIALS ON EMPLOYMENT CLI-
MATE ASSESSMENTS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Commission shall de-
velop and make publicly available resource materials for 
employers on assessing the employment climate, including 
the occurrence of prohibited harassment in employment, 
in order to assist such employers in determining the effec-
tiveness of measures the employer takes to prevent and 
address prohibited harassment in employment. 
(b) EMPLOYMENT CLIMATE SURVEY.—Such resource 
materials shall include a model survey regarding prohib-
ited harassment in employment, which shall be available 
for an employer to use (at the employer’s discretion and 
employer’s expense) in order to assess the employment cli-
mate. The model survey shall be— 
(1) designed to assess employees’ experiences 
related to prohibited harassment in employment; 
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
(2) fair, unbiased, and scientifically valid to the 
greatest extent practicable; 
(3) designed to solicit confidential submissions 
and to provide data without revealing personally 
identifiable information; and 
(4) inclusive of individuals required to be af-
forded protection under section 301. 
(c) CONTENTS.—The model survey may include— 
(1) questions designed to assess the prevalence 
of prohibited harassment in employment; 
(2) questions designed to understand whether 
employees have access to and are familiar with the 
employer’s nondiscrimination and anti-harassment 
policies and procedures; 
(3) questions to assess the employment climate; 
and 
(4) any additional questions the Commission 
determines are consistent with the purposes of this 
section. 
(d) MANDATORY EMPLOYEE PARTICIPATION PRO-
HIBITED.—An employer may not compel or require em-
ployees to participate in a survey regarding prohibited 
harassment or discrimination in employment. 
(e) REVIEW AND REVISION.—The Commission shall 
periodically review and revise the resource materials de-
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
scribed in subsection (a) and the model survey developed 
under subsection (b). 
SEC. 107. ESTABLISHING AN OFFICE OF EDUCATION AND 
OUTREACH WITHIN THE EQUAL EMPLOY-
MENT OPPORTUNITY COMMISSION. 
(a) IN GENERAL.—The Commission shall establish 
and maintain an Office of Education and Outreach to— 
(1) conduct outreach and education concerning 
prohibited discrimination and harassment in employ-
ment under Federal civil rights laws and available 
resources and remedies relating to those laws; and 
(2) conduct a multi-year public awareness cam-
paign to improve public awareness of the Commis-
sion, which shall include disseminating information 
about— 
(A) the purpose of the Commission; 
(B) the resources available through the 
Commission to prevent prohibited discrimina-
tion and harassment in employment; 
(C) the ways in which an individual can 
file a complaint with the Commission; and 
(D) the process by which the Commission 
investigates charges of discrimination. 
(b) INFORMATION DISSEMINATED.—The information 
disseminated in accordance with subsection (a)(2) shall be 
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
made available in plain English and in an accessible man-
ner for individuals with disabilities and for individuals who 
primarily speak a language other than English. 
SEC. 108. RELATIONSHIP TO OTHER LAWS. 
Compliance with section 101 or 102, or use of mate-
rials provided under subtitle A, is not an affirmative de-
fense under applicable employment nondiscrimination 
laws. 
SEC. 109. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Com-
mission such sums as may be necessary to carry out the 
Commission’s duties and activities, including such duties 
and activities authorized under this subtitle. 
Subtitle B—Research and Addi-
tional Resources for Harass-
ment Prevention 
SEC. 111. NATIONAL PREVALENCE SURVEY ON HARASS-
MENT IN EMPLOYMENT. 
(a) SURVEY.—The Bureau of the Census, the Com-
mission, and the Bureau of Labor Statistics shall jointly 
develop a national prevalence survey on the prevalence of 
prohibited harassment in employment (referred to in this 
section as the ‘‘national prevalence survey’’). Such survey 
shall be administered by the Bureau of the Census not 
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
later than 1 year after the date of enactment of this Act, 
and every 3 years thereafter. 
(b) CONTENTS.—The national prevalence survey 
shall include questions designed to collect such informa-
tion from individuals as may be necessary to examine ex-
isting beliefs, attitudes, and understanding of prohibited 
harassment in employment, and the extent to which such 
harassment is experienced or observed by individuals, su-
pervisors, and employers, including the information nec-
essary for the report described in subsection (c). 
(c) REPORT.— 
(1) IN
GENERAL.—Not later than 6 months 
after each national prevalence survey has been ad-
ministered, the Bureau of the Census, the Commis-
sion, and the Bureau of Labor Statistics shall jointly 
prepare and submit to the Committee on Health, 
Education, Labor, and Pensions of the Senate and 
the Committee on Education and Labor of the 
House of Representatives a report on the results of 
that survey. 
(2) 
REQUIRED
INFORMATION.—The 
report 
under this subsection shall include, at minimum— 
(A) information about the extent to which 
individuals experience prohibited harassment in 
employment on the basis of sex (including sex-
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
ual orientation, gender identity, pregnancy, 
childbirth, a medical condition related to preg-
nancy or childbirth, and a sex stereotype), race, 
color, religion, national origin, age, disability, 
genetic information, and uniformed service sta-
tus, and information about the interaction of 
different characteristics that may be the basis 
of harassment in employment; 
(B) information about the prevalence of 
each such form of prohibited harassment in em-
ployment, disaggregated by industry and salary 
level, including across all wage bands; and 
(C) an analysis of the economic impacts of 
prohibited harassment. 
(3) DISAGGREGATION OF SEX BASED HARASS-
MENT.—The report under this subsection shall sepa-
rately, and in the aggregate, report each of the fol-
lowing bases of sex harassment: 
(A) Sexual orientation. 
(B) Gender identity. 
(C) Pregnancy. 
(D) Childbirth. 
(E) A medical condition related to preg-
nancy or childbirth. 
(F) A sex stereotype. 
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
(G) Sexual in nature. 
(4) PUBLIC AVAILABILITY.—The report shall be 
made publicly available on the websites of the Bu-
reau of the Census, the Commission, and Bureau of 
Labor Statistics. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated for the Bureau of the 
Census to carry out this section $1,200,000 for fiscal year 
2019 and such sums as may be necessary for each fiscal 
year the national prevalence survey is to be administered 
under subsection (a) or the report is to be submitted under 
subsection (c). 
SEC. 112. STUDY AND REPORT ON HARASSMENT IN THE 
FEDERAL GOVERNMENT. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, and not less than once every 
3 years thereafter, the Merit Systems Protection Board 
shall prepare and submit to the Committee on Health, 
Education, Labor, and Pensions of the Senate and the 
Committee on Education and Labor of the House of Rep-
resentatives a report containing the following information: 
(1) The prevalence of specific behaviors associ-
ated with prohibited harassment in employment 
among Federal employees, including information 
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
about such behaviors disaggregated by each wage 
band. 
(2) The impact of prohibited harassment in em-
ployment and violations of Federal civil rights laws 
on the Federal Government, in terms of monetary 
costs, attrition, and morale. 
(3) The particular impact of prohibited harass-
ment in employment on the experience of Federal 
employees with disabilities. 
(4) Working in coordination with the Commis-
sion’s Office of Federal Operations, a description of 
the differences in Federal agency policies, strategies, 
reporting mechanisms, training programs, and other 
practices regarding preventing and addressing pro-
hibited harassment in employment. 
(5) A description of which policies, strategies, 
reporting mechanisms, training programs, and other 
practices described in paragraph (4) have prevented, 
addressed, or reduced prohibited harassment in em-
ployment. 
(6) Working in coordination with the Commis-
sion’s Office of Federal Operations, joint rec-
ommendations from such Office and the Merit Sys-
tems Protection Board to Federal agencies on how 
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
to prevent and address prohibited harassment in em-
ployment. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Merit Systems 
Protection Board such sums as may be necessary to carry 
out this section. 
SEC. 113. STUDIES, REPORTS, AND FURTHER RESEARCH. 
(a) STUDY AND REPORT ON ENFORCEMENT OF NON-
DISCRIMINATION
LAWS
PROHIBITING
HARASSMENT 
LAWS.—Not later than 1 year after the date of enactment 
of this Act, the United States Commission on Civil Rights 
shall prepare and submit to the Committee on Health, 
Education, Labor, and Pensions of the Senate and the 
Committee on Education and Labor of the House of Rep-
resentatives a report that shall examine enforcement of 
the nondiscrimination laws prohibiting harassment includ-
ing— 
(1) trends in enforcement of such laws; 
(2) barriers to effective enforcement of such 
laws; 
(3) best practices in enforcement of such laws; 
(4) recommendations about how to improve en-
forcement of such laws, including whether estab-
lishing individual liability for discrimination and har-
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
assment in employment would improve enforcement 
of such laws; and 
(5) how the experience of harassment for em-
ployees and individuals required to be afforded pro-
tections under section 301 has changed over time 
since the passage of such laws. 
(b) STUDY AND REPORT ON PREVENTION OF HAR-
ASSMENT IN EMPLOYMENT.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of enactment of this Act, the Director of 
the National Institutes of Health shall enter into an 
agreement with the National Academies of Sciences, 
Engineering, and Medicine, through which the Na-
tional Academies of Science, Engineering, and Medi-
cine shall conduct a study on preventing and ad-
dressing prohibited harassment in employment. 
(2) CONTENTS.—Such study shall include— 
(A) an evaluation of the existing research 
of the causes of prohibited harassment in em-
ployment, including retaliation related to such 
harassment, and gaps in such research; 
(B) a review of the existing research re-
garding how prohibited harassment in employ-
ment impacts individuals; 
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
(C) an evaluation of the existing research 
on training to prevent prohibited harassment in 
employment, including essential components of 
effective training to prevent such prohibited 
harassment and retaliation, and gaps in such 
research; 
(D) an assessment of the efficacy and 
availability of training models and programs to 
prevent prohibited harassment in employment; 
(E) the identification of employment or so-
cietal factors that increase the likelihood of pro-
hibited harassment in employment, particularly 
across industries with a high number of individ-
uals who are vulnerable to experiencing such 
prohibited harassment, including whether diver-
sity in leadership positions within an organiza-
tion reduces the likelihood of such prohibited 
harassment; 
(F) an examination of methods of induc-
ing, scaling, and sustaining institutional or or-
ganizational change to prevent prohibited har-
assment in employment; 
(G) an analysis of policies, strategies, and 
practices that have been the most successful in 
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
preventing and addressing prohibited harass-
ment in employment; and 
(H) any other information or analysis nec-
essary to identify the gaps in research and 
other measures described in subsection (c). 
(3) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the National Acad-
emies of Sciences, Engineering, and Medicine shall 
prepare and submit to the Committee on Health, 
Education, Labor, and Pensions of the Senate, the 
Committee on Education and Labor of the House of 
Representatives, and the Director of the National 
Institutes of Health, a report containing the results 
of the study conducted under this subsection and 
make recommendations to Congress, executive 
branch agencies, private employers, and researchers. 
Such recommendations shall include ways that such 
training could be improved to result in behavioral 
and cultural changes that prevent and reduce behav-
iors associated with prohibited harassment in em-
ployment. The report and recommendations shall be 
made publicly available. 
(c) SUPPORTING FURTHER RESEARCH
ON PRE-
VENTING
AND UNDERSTANDING HARASSMENT
IN EM-
PLOYMENT.— 
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
(1) IN
GENERAL.—Not later than 6 months 
after the submission required under subsection 
(b)(3), the Director of the National Institutes of 
Health, in consultation with the Commission and the 
Secretary of Labor, shall enter into agreements (in-
cluding through the use of grants, contracts, cooper-
ative agreements, or other transactions) to support 
research regarding— 
(A) the gaps identified in the report re-
quired under subsection (b)(3) in research on 
the causes of prohibited harassment in employ-
ment, including retaliation related to such har-
assment; 
(B) the gaps identified in the report re-
quired under subsection (b)(3) in research on 
the psychological sequelae of prohibited harass-
ment in employment, including retaliation re-
lated to such harassment; 
(C) gaps identified in the report required 
under subsection (b)(3) in research on special 
populations and their risk for prohibited harass-
ment in employment, including adolescents, 
older individuals, racial and ethnic minorities, 
individuals with disabilities, women, and other 
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
populations that could be disproportionately af-
fected by prohibited harassment in employment; 
(D) gaps identified in the report required 
under subsection (b)(3) in research on prohib-
ited harassment in employment, including retal-
iation related to such harassment, as a risk fac-
tor for various mental health problems; 
(E) gaps identified in the report required 
under 
subsection 
(b)(3) 
in 
research 
on 
sociocultural correlations within prohibited har-
assment in employment, including retaliation 
related to such harassment; and 
(F) systematic and quantifiable measures 
to evaluate prevention strategies for victims and 
perpetrators of prohibited harassment in em-
ployment, including retaliation related to such 
harassment. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Na-
tional Institutes of Health to carry out this sub-
section such sums as may be necessary. 
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
Subtitle C—Preventing Harassment 
of Tipped Employees 
SEC. 121. TIPPED EMPLOYEES. 
(a) BASE MINIMUM WAGE FOR TIPPED EMPLOYEES 
AND
TIPS
RETAINED
BY
EMPLOYEES.—Section 
3(m)(2)(A)(i) of the Fair Labor Standards Act of 1938 
(29 U.S.C. 203(m)(2)(A)(i)) is amended to read as fol-
lows: 
‘‘(i) the cash wage paid such em-
ployee, which for purposes of such deter-
mination shall be not less than— 
‘‘(I) for the 1-year period begin-
ning on the effective date under sub-
section (e), $3.60 an hour; 
‘‘(II) for each succeeding 1-year 
period until the hourly wage under 
this clause equals the wage in effect 
under section 6(a)(1) for such period, 
an hourly wage equal to the amount 
determined under this clause for the 
preceding year, increased by the lesser 
of— 
‘‘(aa) $1.50; or 
‘‘(bb) the amount necessary 
for the wage in effect under this 
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
clause to equal the wage in effect 
under section 6(a)(1) for such 
period, rounded up to the nearest 
multiple of $0.05; and 
‘‘(III) for each succeeding 1-year 
period after the increase made pursu-
ant to subclause (II), the minimum 
wage in effect under section 6(a)(1); 
and’’. 
(b) TIPS
RETAINED
BY
EMPLOYEES.—Section 
3(m)(2)(A) of the Fair Labor Standards Act of 1938 (29 
U.S.C. 203(m)(2)(A)) is amended— 
(1) in the second sentence of the matter fol-
lowing clause (ii), by striking ‘‘of this subsection, 
and all tips received by such employee have been re-
tained by the employee’’ and inserting ‘‘of this sub-
section. Any employee shall have the right to retain 
any tips received by such employee’’; and 
(2) by adding at the end the following: ‘‘An em-
ployer shall inform each employee of the right and 
exception provided under the preceding sentence.’’. 
(c) PUBLICATION OF NOTICE.—Section 6 of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 206) is amended 
by adding at the end the following: 
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(h) Not later than 60 days prior to the effective date 
of any increase in the required wage determined in accord-
ance with subclause (II) or (III) of section 3(m)(2)(A)(i), 
the Secretary shall publish in the Federal Register and 
on the website of the Department of Labor a notice an-
nouncing each increase in such required wage.’’. 
(d) SCHEDULED REPEAL OF SEPARATE MINIMUM 
WAGE FOR TIPPED EMPLOYEES.— 
(1) TIPPED EMPLOYEES.—Section 3(m)(2)(A) 
of the Fair Labor Standards Act of 1938 (29 U.S.C. 
203(m)(2)(A)), as amended by subsections (a) and 
(b), is further amended by striking the sentence be-
ginning with ‘‘In determining the wage an employer 
is required to pay a tipped employee,’’ and all that 
follows through ‘‘of this subsection.’’ and inserting 
‘‘The wage required to be paid to a tipped employee 
shall be the wage set forth in section 6(a)(1).’’. 
(2) PUBLICATION OF NOTICE.—Section 6 of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 206), 
as amended by subsection (c), is further amended by 
striking subsection (h). 
(3) EFFECTIVE DATE.—The amendments made 
by paragraphs (1) and (2) shall take effect on the 
date that is one day after the date on which the 
hourly wage under subclause (III) of section 
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
3(m)(2)(A)(i) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 203(m)(2)(A)(i)), as amended by 
subsection (a), takes effect. 
(e) EFFECTIVE DATE.—Except as provided in sub-
section (d)(3), this section and the amendments made by 
this section shall take effect on the first day of the third 
month that begins after the date of enactment of this Act. 
TITLE II—STRENGTHENING 
WORKPLACE RIGHTS 
SEC. 201. CLARIFYING SEXUAL ORIENTATION DISCRIMINA-
TION AND GENDER IDENTITY DISCRIMINA-
TION ARE UNLAWFUL SEX DISCRIMINATION. 
(a) EMPLOYMENT.— 
(1) RULES
OF
CONSTRUCTION.—Title VII of 
the Civil Rights Act of 1964 is amended by inserting 
after section 701 (42 U.S.C. 2000e) the following: 
‘‘SEC. 701A. RULES OF CONSTRUCTION. 
‘‘Section 1106 shall apply to this title except that for 
purposes of that application, a reference in that section 
to an ‘unlawful practice’ shall be considered to be a ref-
erence to an ‘unlawful employment practice’.’’. 
(2) UNLAWFUL
EMPLOYMENT
PRACTICES.— 
Section 703 of the Civil Rights Act of 1964 (42 
U.S.C. 2000e–2) is amended— 
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
(A) in the section header, by striking 
‘‘SEX,’’ and inserting ‘‘SEX (INCLUDING SEX-
UAL
ORIENTATION, 
GENDER
IDENTITY, 
PREGNANCY, 
CHILDBIRTH, 
A
MEDICAL 
CONDITION RELATED TO PREGNANCY OR 
CHILDBIRTH, AND A SEX STEREOTYPE),’’; 
(B) except in subsections (e), (j) and (m), 
by striking ‘‘sex,’’ each place it appears and in-
serting ‘‘sex (including sexual orientation, gen-
der identity, pregnancy, childbirth, a medical 
condition related to pregnancy or childbirth, 
and a sex stereotype),’’; 
(C) in subsection (e)(1), by striking ‘‘en-
terprise,’’ and inserting ‘‘enterprise, if, in a sit-
uation in which sex is a bona fide occupational 
qualification, individuals are recognized as 
qualified in accordance with their gender iden-
tity,’’; 
(D) in subsection (h), by striking ‘‘sex’’ 
the second place it appears and inserting ‘‘sex 
(including sexual orientation, gender identity, 
pregnancy, childbirth, a medical condition re-
lated to pregnancy or childbirth, and a sex 
stereotype),’’; 
(E) in subsection (j)— 
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
(i) by striking ‘‘sex,’’ the first place it 
appears and inserting ‘‘sex (including sex-
ual orientation, gender identity, pregnancy, 
childbirth, a medical condition related to 
pregnancy or childbirth, and a sex stereo-
type),’’; and 
(ii) by striking ‘‘sex,’’ the second and 
third places it appears and inserting ‘‘sex 
(including sexual orientation, gender iden-
tity, pregnancy, childbirth, a medical con-
dition related to pregnancy or childbirth, 
and a sex stereotype),’’; and 
(F) in subsection (m), by striking ‘‘sex,’’ 
and inserting ‘‘sex (including sexual orientation, 
gender identity, pregnancy, childbirth, a med-
ical condition related to pregnancy or childbirth, 
and a sex stereotype),’’. 
(3) OTHER
UNLAWFUL
EMPLOYMENT
PRAC-
TICES.—Section 704(b) of the Civil Rights Act of 
1964 (42 U.S.C. 2000e–3(b)) is amended— 
(A) by striking ‘‘sex,’’ the first place it ap-
pears and inserting ‘‘sex (including sexual ori-
entation, gender identity, pregnancy, childbirth, 
a medical condition related to pregnancy or 
childbirth, and a sex stereotype),’’; and 
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
(B) by striking ‘‘employment.’’ and insert-
ing ‘‘employment, if, in a situation in which sex 
is a bona fide occupational qualification, indi-
viduals are recognized as qualified in accord-
ance with their gender identity.’’. 
(4) CLAIMS.—Section 706(g)(2)(A) of the Civil 
Rights Act of 1964 (2000e–5(g)(2)(A)) is amended 
by striking ‘‘sex,’’ and inserting ‘‘sex (including sex-
ual orientation, gender identity, pregnancy, child-
birth, a medical condition related to pregnancy or 
childbirth, and a sex stereotype),’’. 
(5) 
EMPLOYMENT
BY
FEDERAL
GOVERN-
MENT.—Section 717 of the Civil Rights Act of 1964 
(42 U.S.C. 2000e–16) is amended— 
(A) in subsection (a), by striking ‘‘sex,’’ 
and inserting ‘‘sex (including sexual orientation, 
gender identity, pregnancy, childbirth, a med-
ical condition related to pregnancy or childbirth, 
and a sex stereotype),’’; and 
(B) in subsection (c), by striking ‘‘sex’’ 
and inserting ‘‘sex (including sexual orientation, 
gender identity, pregnancy, childbirth, a med-
ical condition related to pregnancy or childbirth, 
and a sex stereotype),’’. 
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
(6) GOVERNMENT EMPLOYEE RIGHTS ACT OF 
1991.—The Government Employee Rights Act of 
1991 (42 U.S.C. 2000e–16a et seq.) is amended— 
(A) in section 301(b), by striking ‘‘sex,’’ 
and inserting ‘‘sex (including sexual orientation, 
gender identity, pregnancy, childbirth, a med-
ical condition related to pregnancy or childbirth, 
and a sex stereotype),’’; 
(B) in section 302(a)(1), by striking ‘‘sex,’’ 
and inserting ‘‘sex (including sexual orientation, 
gender identity, pregnancy, childbirth, a med-
ical condition related to pregnancy or childbirth, 
and a sex stereotype),’’; and 
(C) by adding at the end the following: 
‘‘SEC. 305. RULES OF CONSTRUCTION AND CLAIMS. 
‘‘Sections 1101(b), 1106, and 1107 of the Civil 
Rights Act of 1964 shall apply to this title except that 
for purposes of that application, a reference in that section 
1106 to ‘race, color, religion, sex (including sexual orienta-
tion, gender identity, pregnancy, childbirth, a medical con-
dition related to pregnancy or childbirth, and a sex stereo-
type), or national origin’ shall be considered to be a ref-
erence to ‘race, color, religion, sex (including sexual ori-
entation, gender identity, pregnancy, childbirth, a medical 
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
condition related to pregnancy or childbirth, and a sex 
stereotype), national origin, age, or disability’.’’. 
(7) CONGRESSIONAL ACCOUNTABILITY ACT OF 
1995.—The Congressional Accountability Act of 1995 
(2 U.S.C. 1301 et seq.) is amended— 
(A) 
in 
section 
201(a)(1) 
(2 
U.S.C. 
1311(a)(1)) by striking ‘‘sex,’’ and inserting 
‘‘sex (including sexual orientation, gender iden-
tity, pregnancy, childbirth, a medical condition 
related to pregnancy or childbirth, and a sex 
stereotype),’’; and 
(B) by adding at the end of title II (42 
U.S.C. 1311 et seq.) the following: 
‘‘SEC. 208. RULES OF CONSTRUCTION AND CLAIMS. 
‘‘Sections 1101(b), 1106, and 1107 of the Civil 
Rights Act of 1964 shall apply to section 201 (and reme-
dial provisions of this Act related to section 201) except 
that for purposes of that application, a reference in that 
section 1106 to ‘race, color, religion, sex (including sexual 
orientation, gender identity, pregnancy, childbirth, a med-
ical condition related to pregnancy or childbirth, and a sex 
stereotype), or national origin’ shall be considered to be 
a reference to ‘race, color, religion, sex (including sexual 
orientation, gender identity, pregnancy, childbirth, a med-
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
ical condition related to pregnancy or childbirth, and a sex 
stereotype), national origin, age, or disability’.’’. 
(8) CIVIL
SERVICE
REFORM
ACT
OF
1978.— 
Chapter 23 of title 5, United States Code, is amend-
ed— 
(A) in section 2301(b)(2), by striking 
‘‘sex,’’ and inserting ‘‘sex (including sexual ori-
entation, gender identity, pregnancy, childbirth, 
a medical condition related to pregnancy or 
childbirth, and a sex stereotype),’’; 
(B) in section 2302— 
(i) in subsection (b)(1)(A), by striking 
‘‘sex,’’ and inserting ‘‘sex (including sexual 
orientation, gender identity, pregnancy, 
childbirth, a medical condition related to 
pregnancy or childbirth, and a sex stereo-
type),’’; and 
(ii) in subsection (d)(1), by striking 
‘‘sex,’’ and inserting ‘‘sex (including sexual 
orientation, gender identity, pregnancy, 
childbirth, a medical condition related to 
pregnancy or childbirth, and a sex stereo-
type),’’; and 
(C) by adding at the end the following: 
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘SEC. 2307. RULES OF CONSTRUCTION AND CLAIMS. 
‘‘Sections 1101(b), 1106, and 1107 of the Civil 
Rights Act of 1964 shall apply to this chapter (and reme-
dial provisions of this title related to this chapter) except 
that for purposes of that application, a reference in that 
section 1106 to ‘race, color, religion, sex (including sexual 
orientation, gender identity, pregnancy, childbirth, a med-
ical condition related to pregnancy or childbirth, and a sex 
stereotype), or national origin’ shall be considered to be 
a reference to ‘race, color, religion, sex (including sexual 
orientation, gender identity, pregnancy, childbirth, a med-
ical condition related to pregnancy or childbirth, and a sex 
stereotype), national origin, age, disability, marital status, 
or political affiliation’.’’. 
(b) MISCELLANEOUS.—Title XI of the Civil Rights 
Act of 1964 is amended— 
(1) by redesignating sections 1101 through 
1104 (42 U.S.C. 2000h et seq.) and sections 1105 
and 1106 (42 U.S.C. 2000h–5, 2000h–6) as sections 
1102 through 1105 and sections 1108 and 1109, re-
spectively; 
(2) by inserting after the title heading the fol-
lowing: 
‘‘SEC. 1101. DEFINITIONS AND RULES. 
‘‘(a) DEFINITIONS.—In title VII: 
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS
(A) by striking ‘‘The remedies’’ and insert-
ing the following: 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the remedies’’; and 
(B) by adding at the end the following: 
‘‘(2) CERTAIN ANTIRETALIATION CLAIMS.—Sec-
tion 107(c) shall apply to claims under section 
102(e)(1) with respect to title I.’’. 
(2) AGE DISCRIMINATION IN EMPLOYMENT ACT 
OF 1967.—Section 4(d) of the Age Discrimination in 
Employment Act of 1967 (29 U.S.C. 623(d)) is 
amended— 
(A) by striking ‘‘(d) It shall be’’ and in-
serting ‘‘(d)(1) It shall be’’; and 
(B) by adding at the end the following: 
‘‘(2) Section 7(b)(2) shall apply to claims under sec-
tion 4(g)(1).’’. 
(3) GENETIC
INFORMATION
NONDISCRIMINA-
TION ACT OF 2008.—Section 207(f) of the Genetic 
Information Nondiscrimination Act of 2008 (42 
U.S.C. 2000ff–6(f)) is amended— 
(A) by striking ‘‘No’’ and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—No’’; 
VerDate Sep 11 2014 
22:25 Apr 16, 2019
Jkt 089200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H2148.IH
H2148
pamtmann on DSKBFK8HB2PROD with BILLS