I
107TH CONGRESS
1ST SESSION
H. R. 284
To protect the civil rights of victims of gender-motivated violence and to
promote public safety, health, and regulate activities affecting interstate
commerce by creating employer liability for negligent conduct that results
in an individual’s committing a gender-motivated crime of violence
against another individual on premises controlled by the employer.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 30, 2001
Mr. MALONEY of New York introduced the following bill; which was referred
to the Committee on Education and the Workforce, and in addition to
the Committee on the Judiciary, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To protect the civil rights of victims of gender-motivated
violence and to promote public safety, health, and regu-
late activities affecting interstate commerce by creating
employer liability for negligent conduct that results in
an individual’s committing a gender-motivated crime of
violence against another individual on premises controlled
by the employer.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. NEGLIGENTLY ALLOWING GENDER-MOTIVATED
VIOLENCE.
An employer—
(1) whose business is in or affects interstate or
foreign commerce; and
(2) whose negligent conduct results in a per-
son’s (including a person who acts under color of
statute, ordinance, regulation, custom, or usage of
any State) committing a crime of violence motivated
by gender against another person on premises under
the control of the employer;
shall be liable to the party injured, in an action for the
recovery of compensatory and punitive damages, injunc-
tive and declaratory relief, and such other relief as a court
may deem appropriate.
SEC. 2. DEFINITIONS.
As used in this Act—
(1) the term ‘‘crime of violence motivated by
gender’’ means a crime of violence committed be-
cause of gender or on the basis of gender; and
(2) the term ‘‘crime of violence’’—
(A) means an act or series of acts that
would constitute a crime, for which imprison-
ment of more than one year may be imposed,
against the person of another if that crime is
a crime of violence as defined in section 16 of
title 18, United States Code; and
(B) includes any conduct that would con-
stitute a crime described in subparagraph (A)
but for the relationship between the person en-
gaging in that conduct and the individual
against whom such conduct is directed.
SEC. 3. LIMITATION AND PROCEDURE.
(a) LIMITATION.—Nothing in this Act entitles a per-
son to a cause of action under section 1 for random acts
of violence unrelated to gender or for acts that cannot be
demonstrated, by a preponderance of the evidence, to be
motivated by gender.
(b) NO PRIOR CRIMINAL ACTION.—Nothing in this
section requires a prior criminal complaint, prosecution,
or conviction to establish the elements of a cause of action
under section 1.
(c) CONCURRENT JURISDICTION.—The Federal and
State courts shall have concurrent jurisdiction over actions
brought pursuant to this Act.
SEC. 4. MATERIALS TO ASSIST EMPLOYERS.
The Equal Employment Opportunity Commission
shall create and provide materials to employers regarding
personnel policies and safety standards to assist employers
in avoiding liability under this Act.
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