(2) an individual with the authority to direct 
the victim’s daily work activities. 
SEC. 3. AMENDMENT TO TITLE VII OF THE CIVIL RIGHTS 
ACT OF 1964. 
(a) STANDARD FOR EMPLOYER LIABILITY FOR HOS-
TILE WORK ENVIRONMENT.—Section 703 of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e–2) is amended by 
adding at the end the following: 
‘‘(o) Subject to section 12 of the Fair Employment 
Protection Act of 2014, 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 that 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.’’. 
(b) STANDARD FOR EMPLOYER LIABILITY FOR RE-
TALIATORY HOSTILE WORK ENVIRONMENT.—Section 704 
VerDate Mar 15 2010 
00:41 Mar 20, 2014
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
of the Civil Rights Act of 1964 (42 U.S.C. 2000e–3) is 
amended— 
(1) by redesignating subsection (b) as sub-
section (c); and 
(2) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) Subject to section 12 of the Fair Employment 
Protection Act of 2014, 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 an unlawful employment 
practice as described under subsection (a) if, at the time 
of the harassment— 
‘‘(1) such individual was authorized by that 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.’’. 
(c) FEDERAL EMPLOYEES.—Section 717 of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e–16) is amended by 
adding at the end the following: 
VerDate Mar 15 2010 
00:41 Mar 20, 2014
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(g) The provisions of sections 703(o) and 704(b) 
shall apply to hostile work environment claims and retalia-
tory hostile work environment claims, respectively, under 
this section.’’. 
SEC. 4. AMENDMENT TO THE AGE DISCRIMINATION IN EM-
PLOYMENT ACT. 
(a) STANDARD FOR EMPLOYER LIABILITY FOR HOS-
TILE WORK ENVIRONMENT.—Section 4 of the Age Dis-
crimination in Employment Act of 1967 (29 U.S.C. 623) 
is amended by adding at the end the following: 
‘‘(n) Subject to section 12 of the Fair Employment 
Protection Act of 2014, 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 is unlawful under this section if, at the time 
of the harassment— 
‘‘(1) such individual was authorized by that 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.’’. 
VerDate Mar 15 2010 
00:41 Mar 20, 2014
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
(b) STANDARD FOR EMPLOYER LIABILITY FOR RE-
TALIATORY
HOSTILE
WORK
ENVIRONMENT.—Section 
4(d) of the Age Discrimination in Employment Act of 
1967 (29 U.S.C. 623) is amended by striking ‘‘or litiga-
tion under this Act.’’ and inserting ‘‘or litigation under 
this Act. Subject to section 12 of the Fair Employment 
Protection Act of 2014, 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 is unlawful under this subsection if, at 
the time of the harassment— 
‘‘(1) such individual was authorized by that 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.’’. 
(c) FEDERAL EMPLOYEES.—Section 15 of the Age 
Discrimination in Employment Act of 1967 (29 U.S.C. 
633a) is amended by adding at the end the following: 
‘‘(h) Subsections (d) and (n) of section 4 shall apply 
to retaliatory hostile work environment claims and hostile 
VerDate Mar 15 2010 
00:41 Mar 20, 2014
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS
work environment claims, respectively, under this sec-
tion.’’. 
SEC. 5. AMENDMENT TO THE AMERICANS WITH DISABIL-
ITIES ACT. 
(a) STANDARD FOR EMPLOYER LIABILITY FOR HOS-
TILE WORK ENVIRONMENT.—Section 102 of the Ameri-
cans with Disabilities Act (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 2014, 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.’’. 
VerDate Mar 15 2010 
00:41 Mar 20, 2014
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H4227.IH
H4227
smartinez on DSK6TPTVN1PROD with BILLS