I 
116TH CONGRESS 
1ST SESSION H. R. 1828 
To require annual reporting by employers of the number of settlements 
with employees regarding claims of discrimination on the basis of sex, 
including verbal and physical sexual harassment, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 18, 2019 
Mrs. CAROLYN B. MALONEY of New York introduced the following bill; which 
was referred to the Committee on Education and Labor 
A BILL 
To require annual reporting by employers of the number 
of settlements with employees regarding claims of dis-
crimination on the basis of sex, including verbal and 
physical sexual harassment, 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; FINDINGS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Ending Secrecy About Workplace Sexual Harassment 
Act’’. 
(b) FINDINGS.—Congress finds that the following: 
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(1) Thirty years after the United States Su-
preme Court held in Meritor Savings Bank v. Vinson 
that sexual harassment creates a hostile or abusive 
work environment and is a violation of title VII of 
the Civil Rights Act of 1964, sexual harassment re-
mains a widespread problem, affecting victims in 
every industry, at every level of employment. 
(2) In fiscal year 2015, almost one-third of the 
90,000 charges filed with the Equal Employment 
Opportunity Commission involved harassment, and 
nearly a quarter of those harassment charges in-
volved sexual harassment. Of the total number of 
charges received that alleged harassment from em-
ployees working for private employers or for State 
and local government employers, approximately 45 
percent alleged harassment on the basis of sex. 
(3) According to the Commission’s Select Task 
Force in 2016, on the Study of Harassment in the 
Workplace, the prevalence of such harassment— 
(A) causes mental and physical harm to 
the victim, as the study concluded that ‘‘em-
ployees experiencing sexual harassment are 
more likely to report symptoms of depression, 
general stress and anxiety, posttraumatic stress 
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disorder (PTSD), and overall impaired psycho-
logical well-being’’; 
(B) results in harms, which are not limited 
to victims, as the study concluded that ‘‘em-
ployees, female and male alike, who observed 
hostility directed toward female coworkers (both 
incivility and sexually harassing behavior) were 
more likely to experience lower psychological 
well-being’’, which were ‘‘in turn linked to lower 
physical well-being’’. 
(4) Prevalence of sexual harassment in the 
workplace causes substantial financial harm to vic-
tims, as they often try to avoid the harassing behav-
ior by taking leave without pay or leaving the work-
place entirely, resulting in a loss of wages. The U.S. 
Merit Systems Protection Board’s 1995 report on 
Sexual Harassment in the Federal Workplace found 
sexual harassment cost Federal employees $4.4 mil-
lion between 1992 and 1994. 
(5) According to Commission records, from fis-
cal year 2010 to 2016, U.S. companies have paid 
out more than $295 million in public penalties over 
sexual harassment claims. This sum does not include 
any private settlements or internally resolved com-
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plaints about which there is limited public informa-
tion. 
(6) The Commission is responsible for enforcing 
Federal anti-discrimination laws that protect job ap-
plicants and employees, and has the authority to in-
vestigate charges of discrimination against employ-
ers who are covered by the law. 
(7) The Commission does not currently receive 
disclosures from employers on annual EEO–1 re-
ports regarding claims of discrimination on the basis 
of sex, including verbal and physical sexual harass-
ment made directly to the employer and resolved in-
ternally through out-of-court settlements or other 
mediation. 
SEC. 2. EMPLOYER REPORTING REQUIREMENT. 
(a) REPORTING REQUIREMENT.—Every employer re-
quired to submit to the Equal Employment Opportunity 
Commission an Employer Information Report EEO–1 
shall include in such report the number of settlements 
reached by the employer with an employee in the resolu-
tion of claims pertaining to discrimination on the basis 
of sex, including verbal and physical sexual harassment. 
(b) REQUIRED REPORTING.—Examples of settle-
ments required to be reported under this section include 
any agreement where anything of value is conferred to the 
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individual raising the claim in return for such individual 
declining to further pursue the claim, any internal medi-
ation or other workplace resolution that results in the indi-
vidual declining to further pursue the claim. 
(c) EXAMPLES OF OFFENSIVE CONDUCT THAT CON-
STITUTE SEXUAL HARASSMENT.—Claims pertaining to 
sexual harassment are those that complain of acts such 
as— 
(1) inappropriate or unwanted touching; 
(2) verbal comments about sex or of a sexual 
nature, which may include comments to an indi-
vidual about her or his body or sexual or romantic 
activity, or the body or sexual or romantic activity 
of the individual making the comments; 
(3) referring to another individual by a name or 
nickname of a romantic, demeaning, or sexual na-
ture; 
(4) inappropriate gestures of a sexual nature; 
(5) unwanted proposals for sexual activity; 
(6) showing another individual photos or other 
images that are sexually explicit or are otherwise of 
a sexual nature; or 
(7) undue attention to or questions about a per-
son’s sexual relationships, sexual history, sexual ori-
entation, or gender identity. 
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SEC. 3. RIGHTS OF EMPLOYEES. 
(a) PROTECTION FROM RETALIATION.— 
(1) CONDUCT PROHIBITED.—An employer may 
not terminate any employee nor discriminate against 
any such employee with regards to terms and condi-
tions of employment because such employee— 
(A) inquires about an employer’s meeting 
of the requirements of this Act; or 
(B) complains about an employer’s failure 
to meet the requirements of this Act. 
(2) ENFORCEMENT.— 
(A) LIABILITY.—In addition to civil rights 
protections and remedies for retaliation avail-
able under other Federal, State, or local law, 
any employer who violates paragraph (1) shall 
be liable to any eligible employee affected for— 
(i) damages equal to the amount of 
any wages, salary, employment benefits, or 
other compensation denied or lost to such 
employee by reason of the violation; 
(ii) the interest on the amount de-
scribed in clause (i) calculated at the pre-
vailing rate; 
(iii) an additional amount as liq-
uidated damages equal to the sum of the 
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amount described in clause (i) and the in-
terest described in clause (ii); and 
(iv) such equitable relief as may be 
appropriate, including employment, rein-
statement, and promotion. 
(B) RIGHT OF ACTION.—An action to re-
cover the damages or equitable relief prescribed 
in subparagraph (A) may be maintained against 
any employer in any Federal or State court of 
competent jurisdiction by any one or more em-
ployees for and on behalf of— 
(i) the employee or employees; or 
(ii) the employees and other employ-
ees similarly situated. 
(C) FEES AND COSTS.—The court in such 
an action shall, in addition to any judgment 
awarded to the plaintiff, allow a reasonable at-
torney’s fee, reasonable expert witness fees, and 
other costs of the action to be paid by the de-
fendant. 
(b) CONFIDENTIALITY AGREEMENTS AND SETTLE-
MENTS.— 
(1) RULE OF CONSTRUCTION.—Nothing in this 
Act shall be construed to interfere with the right of 
an employee to enter into a confidentiality agree-
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ment with his or her employer with respect to a 
claim of discrimination on the basis of sex, including 
verbal and physical sexual harassment, the investiga-
tion of such a claim, or the out-of-court settlement 
of such a claim. 
(2) LIMITATIONS ON AGREEMENTS.— 
(A) An employer may not use a confiden-
tiality agreement described in paragraph (1) as 
a basis for not submitting the information re-
quired by section 2. 
(B) A confidentiality agreement described 
in paragraph (1) shall not be construed as pro-
hibiting any party to such agreement from co-
operating with law enforcement investigations 
into any claims of discrimination on the basis 
of sex, including verbal and physical sexual har-
assment. 
SEC. 4. EEOC REPORT TO CONGRESS. 
The Equal Employment Opportunity Commission 
shall annually report to Congress information relating to 
claims of discrimination on the basis of sex, including 
verbal and physical sexual harassment, including— 
(1) the number of settlements that were re-
ported to the Commission as defined by and re-
ported pursuant to section 2; 
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(2) the number of charges alleging discrimina-
tion on the basis of sex that were reported to the 
Equal Employment Opportunity Commission, includ-
ing verbal and physical sexual harassment made di-
rectly to the Commission; and 
(3) a summary of any action taken by the Com-
mission based upon any such charges or complaints 
collected pursuant to this Act, such as litigation or 
settlements facilitated by the Commission pertaining 
to discrimination on the basis of sex, including 
verbal and physical sexual harassment, including a 
brief description of any outcome of such actions. 
SEC. 5. GAO STUDY AND REPORT. 
The Comptroller General of the United States shall 
conduct a comprehensive study of claims of discrimination 
on the basis of sex, including verbal and physical sexual 
harassment involving both government and private sector 
employees and shall report to Congress not later than one 
year after the date of enactment of this Act the results 
of such study and recommendations for legislation or other 
action for improving transparency and accountability re-
garding such claims. 
Æ 
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