‘‘(1) RACE; COLOR; RELIGION; SEX; SEXUAL 
ORIENTATION; GENDER
IDENTITY; NATIONAL
ORI-
GIN.—The term ‘race’, ‘color’, ‘religion’, ‘sex’, or 
‘national origin’, used with respect to an individual, 
includes— 
‘‘(A) the race, color, religion, sex (includ-
ing sexual orientation, gender identity, preg-
nancy, childbirth, a medical condition related to 
pregnancy or childbirth, and a sex stereotype), 
or national origin, respectively, of another per-
son with whom the individual is associated or 
has been associated; and 
‘‘(B) a perception or belief, even if inac-
curate, concerning the race, color, religion, sex 
(including sexual orientation, gender identity, 
pregnancy, childbirth, a medical condition re-
lated to pregnancy or childbirth, and a sex 
stereotype), or national origin, respectively, of 
the individual. 
‘‘(2) GENDER
IDENTITY.—The term ‘gender 
identity’ means the gender-related identity, appear-
ance, mannerisms, or other gender-related character-
istics of an individual, regardless of the individual’s 
designated sex at birth. 
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‘‘(3) INCLUDING.—The term ‘including’ means 
including, but not limited to, consistent with the 
term’s standard meaning in Federal law. 
‘‘(4) SEXUAL ORIENTATION.—The term ‘sexual 
orientation’ means homosexuality, heterosexuality, or 
bisexuality. 
‘‘(b) RULES.—In title VII— 
‘‘(1) with respect to sex, an individual’s preg-
nancy, childbirth, or related medical condition shall 
not receive less favorable treatment than other phys-
ical conditions; and 
‘‘(2) with respect to gender identity, an indi-
vidual shall not be denied access to a shared facility, 
including a restroom, a locker room, and a dressing 
room, that is in accordance with the individual’s 
gender identity.’’; and 
(3) by inserting after section 1105 the fol-
lowing: 
‘‘SEC. 1106. RULES OF CONSTRUCTION. 
‘‘(a) SEX.—Nothing in section 1101 or the provisions 
of title VII incorporating a term defined or a rule specified 
in that section shall be construed— 
‘‘(1) to limit the protection against an unlawful 
practice on the basis of pregnancy, childbirth, a 
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medical condition related to pregnancy or childbirth 
provided by section 701(k); or 
‘‘(2) to limit the protection against an unlawful 
practice on the basis of sex available under any pro-
vision of Federal law other than title VII, prohib-
iting a practice on the basis of sex. 
‘‘(b) CLAIMS AND REMEDIES NOT PRECLUDED.— 
Nothing in section 1101 or title VII shall be construed 
to limit the claims or remedies available to any individual 
for an unlawful practice on the basis of race, color, reli-
gion, sex (including sexual orientation, gender identity, 
pregnancy, childbirth, a medical condition related to preg-
nancy or childbirth, and a sex stereotype), or national ori-
gin including claims brought pursuant to section 1979 or 
1980 of the Revised Statutes (42 U.S.C. 1983, 1985) or 
any other law, including a Federal law amended by the 
BE HEARD in the Workplace Act, regulation, or policy. 
‘‘(c) NO NEGATIVE INFERENCE.—Nothing in section 
1101 or title VII shall be construed to support any infer-
ence that any Federal law prohibiting a practice on the 
basis of sex does not prohibit discrimination on the basis 
of pregnancy, childbirth, a medical condition related to 
pregnancy or childbirth, sexual orientation, gender iden-
tity, or a sex stereotype. 
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‘‘SEC. 1107. CLAIMS. 
‘‘The Religious Freedom Restoration Act of 1993 (42 
U.S.C. 2000bb et seq.) shall not provide a claim con-
cerning, or a defense to a claim under, title VII, or provide 
a basis for challenging the application or enforcement of 
title VII.’’. 
SEC. 202. COVERED EMPLOYERS. 
Section 701(b) of the Civil Rights Act of 1964 (42 
U.S.C. 2000e(b)) is amended by striking ‘‘fifteen’’ and in-
serting ‘‘one’’. 
SEC. 203. COMPENSATORY AND PUNITIVE DAMAGES AVAIL-
ABLE. 
(a) CIVIL RIGHTS; DISABILITY.— 
(1) IN GENERAL.—Section 1977A(b) of the Re-
vised Statutes (42 U.S.C. 1981a(b)) is amended by 
striking paragraph (3) and inserting the following: 
‘‘(3) LOSSES.—Compensatory damages are 
available under this section for future pecuniary 
losses, emotional pain, suffering, inconvenience, 
mental anguish, loss of enjoyment of life, and other 
nonpecuniary losses.’’. 
(2) CONFORMING AMENDMENTS.— 
(A) Section 201(b) of the Congressional 
Accountability Act of 1995 (2 U.S.C. 1311(b)) 
is amended, in paragraphs (1)(B) and (3)(B)— 
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(i) by striking ‘‘and, irrespective of 
the 
size 
of 
the 
employing 
office, 
1977A(b)(3)(D)’’ 
and 
inserting 
‘‘and 
1977A(b)(3)’’; and 
(ii) by striking ‘‘and 1981a(b)(3)(D)’’ 
and inserting ‘‘and 1981a(b)(3)’’. 
(B) Section 411(b) of title 3, United 
States Code, is amended, in paragraphs (1)(B) 
and (3)(B), by striking ‘‘and, irrespective of the 
size of the employing office, 1977A(b)(3)(D)’’ 
and inserting ‘‘and 1977A(b)(3)’’. 
(C) Section 207 of the Genetic Information 
Nondiscrimination Act of 2008 (42 U.S.C. 
2000ff–16) is amended, in paragraph (3) of 
each of subsections (a) through (e), by striking 
‘‘, including the limitations contained in sub-
section (b)(3) of such section 1977A,’’. 
(b) AGE.—Section 7(b) of the Age Discrimination in 
Employment Act of 1967 (29 U.S.C. 626(b)) is amend-
ed— 
(1) by striking ‘‘(b) The’’ and all that follows 
through the third sentence and inserting the fol-
lowing: 
‘‘(b)(1) Except as otherwise provided in another sub-
section of this section, or section 9, the powers, remedies, 
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and procedures set forth in sections 705, 706, 707, 709, 
and 710 of the Civil Rights Act of 1964 (42 U.S.C. 
2000e–4, 2000e–5, 2000e–6, 2000e–8, and 2000e–9) 
shall be the powers, remedies, and procedures this Act 
provides to the Commission, to the Attorney General, or 
to any person alleging discrimination on the basis of age 
in violation of section 4, or regulations promulgated under 
section 9.’’; and 
(2) in the second sentence of that subsection 
(b), as amended by paragraph (1), by striking ‘‘or 
enforcing the liability for amounts deemed to be un-
paid minimum wages or unpaid overtime compensa-
tion under this section’’ and inserting ‘‘and includ-
ing any type of legal or equitable relief available 
under title VII of the Civil Rights Act of 1964 (42 
U.S.C. 2000e et seq.)’’. 
SEC. 204. HARASSMENT AND DISCRIMINATION; STANDARDS 
OF PROOF. 
(a) FINDINGS.—Congress finds that— 
(1) harassment is a persistent and significant 
problem in the workplace in the United States; 
(2) workers are harassed because of their sex 
(including sexual orientation, gender identity, preg-
nancy, childbirth, or a medical condition related to 
pregnancy or childbirth, and a sex stereotype), race, 
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color, religion, national origin, age, disability, genetic 
information, and uniformed services status; 
(3) Congress enacted title VII of the Civil 
Rights Act of 1964 intending to provide broad pro-
tection from many forms of bias in the workplace; 
(4) the Supreme Court has recognized in City 
of Los Angeles Department of Water and Power v. 
Manhart, 435 U.S. 702 (1978), that the protection 
against sex discrimination in the terms, conditions, 
or privileges of employment under title VII of the 
Civil Rights Act of 1964 reflects Congress’ intent to 
‘‘strike at the entire spectrum’’ of sex-based dis-
crimination in employment; 
(5) in 1980, the Equal Employment Oppor-
tunity Commission (referred to in this section as 
‘‘the Commission’’) amended its Guidelines on Dis-
crimination Because of Sex (referred to in this sec-
tion as ‘‘the Guidelines’’) to specify that sexual har-
assment is a form of sex discrimination prohibited 
by title VII of the Civil Rights Act of 1964; 
(6) in the Guidelines, the Commission explained 
that harassing conduct is unlawful where— 
(A) ‘‘submission to such conduct is made 
either explicitly or implicitly a term or condition 
of an individual’s employment’’; 
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(B) ‘‘submission to or rejection of such 
conduct by an individual is used as the basis for 
employment decisions’’; or 
(C) the conduct ‘‘has the purpose or effect 
of unreasonably interfering with an individual’s 
work performance or creating an intimidating, 
hostile, or offensive working environment’’; 
(7) the Commission further explained that, with 
respect to the evidence required to support a finding 
of unlawful harassment, it ‘‘will look at the record 
as a whole and at the totality of the circumstances, 
such as the nature of the sexual advances and the 
context in which the alleged incidents occurred’’ and 
emphasized that the ‘‘determination of the legality of 
a particular action will be made from the facts, on 
a case by case basis’’; 
(8) six years later, the Supreme Court in 
Meritor Savings Bank v. Vinson, 477 U.S. 57 
(1986), recognized that the protections under title 
VII of the Civil Rights Act of 1964 are not limited 
to discrimination that causes ‘‘economic’’ or ‘‘tan-
gible’’ loss, and held that the phrase ‘‘terms, condi-
tions, or privileges of employment’’ in title VII of 
such Act is an ‘‘expansive concept that sweeps with-
in its protective ambit’’ the practice of creating a 
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hostile work environment based on discrimination in 
the form of harassment; 
(9) in reaching this conclusion in the Meritor 
decision, the Supreme Court cited and approved the 
Guidelines; 
(10) in the Meritor decision, the Supreme Court 
cited with approval lower court decisions that con-
cluded that a hostile work environment based on 
race, religion, or national origin violates the prohibi-
tion of discrimination in the terms, conditions, or 
privileges of employment under title VII of the Civil 
Rights Act of 1964, which decisions included— 
(A) Rogers v. EEOC, 454 F.2d 234 (5th 
Cir. 1971); 
(B) 
Firefighters 
Institute 
for 
Racial 
Equality v. City of St. Louis, 549 F.2d 506 
(8th Cir. 1977); 
(C) Gray v. Greyhound Lines, 545 F.2d 
169 (D.C. Cir. 1976); 
(D) Compston v. Borden, Inc., 424 F. 
Supp. 157 (S.D. Ohio 1976); and 
(E) Cariddi v. Kansas City Chiefs Football 
Club, Inc., 568 F.2d 87 (8th Cir. 1977); 
(11) in defining the evidence required to prove 
a violation of title VII of the Civil Rights Act of 
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1964, in the Meritor decision, the Supreme Court 
noted that harassment would be actionable when it 
is ‘‘sufficiently severe or pervasive ‘to alter the con-
ditions of [the victim’s] employment and create an 
abusive working environment’ ’’ (quoting Rogers v. 
EEOC, 454 F.2d 234 (5th Cir. 1971)); 
(12) in Harris v. Forklift Systems, Inc., 510 
U.S. 17 (1993), the Supreme Court clarified that 
harassment need not seriously affect an employee’s 
psychological well-being or lead the employee to suf-
fer injury in order to be unlawful, but rather, need 
merely create a work environment that a reasonable 
person in the protected class would find hostile or 
abusive; 
(13) in Harris v. Forklift Systems, Inc., the Su-
preme Court held that whether a work environment 
is unlawfully hostile or abusive does not depend on 
any mathematically precise test, but rather, is to be 
determined by looking at all of the circumstances, 
with no single factor required; 
(14) in National Railroad Passenger Corp. v. 
Morgan, 536 U.S. 101 (2002), the Supreme Court 
reaffirmed the Harris decision and further held that 
the hostility or abusiveness of each harassing act 
should be considered in the aggregate, not in isola-
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tion, regardless of whether such acts occur over days 
or even years; 
(15) notwithstanding the rulings of the Su-
preme Court specified in this subsection, some lower 
court decisions have treated harassing conduct’s se-
verity or pervasiveness as the only 2 relevant factors 
in evaluating whether such conduct violates title VII 
of the Civil Rights Act of 1964; 
(16) some lower court decisions have treated 
‘‘severe or pervasive’’ as a threshold for liability, 
when the relevant inquiry is whether the harassing 
conduct actually altered the terms, conditions, or 
privileges of employment; 
(17) some lower court decisions further have in-
terpreted the ‘‘severe or pervasive’’ language in the 
Meritor decision so narrowly as to recognize only the 
most egregious conduct as unlawful, despite Con-
gress’ intent that title VII of the Civil Rights Act of 
1964 afford a broad scope of protection from dis-
crimination; 
(18) examples of decisions that use the erro-
neous analysis described in paragraphs (15) through 
(17) in the context of harassment on the basis of sex 
include— 
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(A) Singleton v. Department of Correc-
tional Education, 115 Fed. Appx. 119 (4th Cir. 
2004); 
(B) Black v. Zaring Homes, Inc., 104 F.3d 
822 (6th Cir. 1997); 
(C) Weiss v. Coca-Cola Bottling Co., 990 
F.2d 333 (7th Cir. 1993); 
(D) Rickard v. Swedish Match North 
America, Inc., 773 F.3d 181 (8th Cir. 2014); 
(E) Mitchell v. Pope, 189 F. Appx. 911 
(11th Cir. 2006); and 
(F) Brooks v. City of San Mateo, 229 
F.3d 917 (9th Cir. 2000); 
(19) lower courts have made similar erroneous 
decisions in the context of harassment on the basis 
of race, national origin, age, and disability such as 
in Crawford v. Medina General Hospital, 96 F.3d 
830 (6th Cir. 1996), Shaver v. Independent Stave 
Co., 350 F.3d 716 (8th Cir. 2003), and Motley v. 
Parker-Hannifan Corp., No. 1: 94–CV–639 (W.D. 
Mich. 1995); 
(20) in contrast, other lower court decisions ap-
plying the Meritor case and its progeny have appro-
priately recognized that a wide range of harassing 
behavior may alter the terms, conditions, or privi-
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leges of employment, with no single type, frequency, 
or duration of conduct required to make a showing 
of severe or pervasive harassment; 
(21) for example, in the context of harassment 
based on sex, those decisions have held that— 
(A) conduct need not be physical to create 
a hostile or abusive work environment, as in 
Billings v. Town of Grafton, 515 F.3d 39 (1st 
Cir. 2008); 
(B) an individual need not be the target of 
sexually demeaning conduct in order to experi-
ence unlawful harassment, as in Petrosino v. 
Bell Atlantic, 385 F.3d 210 (2d Cir. 2004); 
(C) power disparities, such as the young 
age of the individual harassed, compound the 
conduct’s harmful effects, as in EEOC v. R&R 
Ventures, 244 F.3d 334 (4th Cir. 2001); 
(D) gender-based epithets are equally as 
unlawful as overtly sexual conduct, as in Galla-
gher v. C.H. Robinson Worldwide, Inc., 567 
F.3d 263 (6th Cir. 2009); and 
(E) a single incident can alter the terms, 
conditions, or privileges of employment, as in 
Howley v. Town of Stratford, 217 F.3d 141 (2d 
Cir. 2000); 
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(22) similarly, in the context of harassment 
based on other protected characteristics, other 
courts have appropriately held that— 
(A) calling an individual an ‘‘old man’’ and 
‘‘pops’’ could create an actionably hostile work 
environment based on age, as in Dediol v. Best 
Chevrolet, Inc., 655 F.3d 435 (5th Cir. 2011); 
(B) repeatedly calling an individual with 
mental illness ‘‘crazy’’ and stating that the indi-
vidual is a threat to security is sufficient to 
support a finding of a hostile work environment 
based on disability, as in Quiles-Quiles v. Hen-
derson, 439 F.3d 1 (1st Cir. 2006); and 
(C) a single incident of calling an African- 
American individual the ‘‘n word’’ is sufficient 
to support a finding of a hostile work environ-
ment based on race, as in Rodgers v. Western- 
Southern Life Insurance Co., 12 F.3d 668 (7th 
Cir. 1993); and 
(23) similar erroneous decisions have been ren-
dered in the context of harassment on the basis of 
sex in employment under title IX of the Education 
Amendments of 1972 (20 U.S.C. 1681 et seq.), as 
in Farmer v. Troy University, No. 5:17–CV–70–B0 
(E.D.N.C. 2017). 
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(b) PURPOSES.—The purposes of this section are 
to— 
(1) enact into statutory law provisions that es-
tablish that workplace harassment is a violation of 
the— 
(A) protections from discrimination in the 
‘‘terms, conditions, or privileges of employ-
ment’’ found in title VII of the Civil Rights Act 
of 1964 (42 U.S.C. 2000e et seq.); 
(B) protections from disability discrimina-
tion found in title I of the Americans with Dis-
abilities Act of 1990 (42 U.S.C. 12111 et seq.) 
and sections 501 and 505 of the Rehabilitation 
Act of 1973 (29 U.S.C. 791, 794a); 
(C) protections from age discrimination 
found in the Age Discrimination in Employ-
ment Act of 1967 (29 U.S.C. 621 et seq.); 
(D) protections from genetic information 
discrimination found in title II of the Genetic 
Information Nondiscrimination Act of 2008 (42 
U.S.C. 2000ff et seq.); and 
(E) protections from uniformed services 
status discrimination found in section 4311 of 
title 38, United States Code; and 
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(2) establish a liability standard for workplace 
harassment that fulfills Congress’ intent of providing 
broad protection from discrimination in employment 
on the basis of race, color, religion, sex (including 
sexual orientation, gender identity, pregnancy, child-
birth, a medical condition related to pregnancy or 
childbirth, and a sex stereotype), national origin, 
age, disability, genetic information, and uniformed 
services status. 
(c) ENACTING INTO STATUTORY LAW PROVISIONS 
ESTABLISHING WORKPLACE HARASSMENT AS AN UNLAW-
FUL EMPLOYMENT PRACTICE.— 
(1) CIVIL RIGHTS ACT OF 1964.—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)(1)(A) In this subsection, the term ‘workplace 
harassment’ means conduct based on race, color, religion, 
sex (including sexual orientation, gender identity, preg-
nancy, childbirth, a medical condition related to pregnancy 
or childbirth, and a sex stereotype), or national origin, re-
gardless of whether it is direct or indirect, or verbal or 
nonverbal, that unreasonably alters an individual’s terms, 
conditions, or privileges of employment, including by cre-
ating an intimidating, hostile, or offensive work environ-
ment. 
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‘‘(B)(i) In this subsection, the term includes sexual 
harassment, which is conduct that takes place in a cir-
cumstance described in clause (ii) and that takes the form 
of— 
‘‘(I) a sexual advance; 
‘‘(II) a request for sexual favors; or 
‘‘(III) any other conduct of a sexual nature. 
‘‘(ii) A circumstance described in this clause is a situ-
ation in which— 
‘‘(I) submission to the conduct involved is made 
either explicitly or implicitly a term or condition of 
employment; 
‘‘(II) submission to or rejection of such conduct 
is used as the basis for an employment decision af-
fecting an individual’s employment; or 
‘‘(III) such conduct unreasonably alters an indi-
vidual’s terms, conditions, or privileges of employ-
ment, including by creating an intimidating hostile, 
or offensive work environment. 
‘‘(2) It shall be an unlawful employment practice 
under subsection (a) to engage in workplace harassment. 
‘‘(3) In determining, for purposes of this subsection, 
whether conduct constitutes workplace harassment be-
cause the conduct unreasonably alters an individual’s 
terms, conditions, or privileges of employment, including 
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by creating an intimidating, hostile, or offensive work en-
vironment, the following rules shall apply: 
‘‘(A) That determination shall be made on the 
basis of the record as a whole, according to the to-
tality of the circumstances. A single incident may 
constitute workplace harassment. 
‘‘(B) Incidents that may be workplace harass-
ment shall be considered in the aggregate, with— 
‘‘(i) conduct of varying types (such as ex-
pressions of sex-based hostility, requests for 
sexual favors, and denial of employment oppor-
tunities due to sexual orientation) viewed in to-
tality, rather than in isolation; and 
‘‘(ii) conduct based on multiple protected 
characteristics (such as sex and race) viewed in 
totality, rather than in isolation. 
‘‘(C) The factors specified in this subparagraph 
are among the factors to be considered in deter-
mining whether conduct constitutes workplace har-
assment and are not meant to be exhaustive. No one 
of those factors shall be considered to be determina-
tive in establishing whether conduct constitutes 
workplace harassment. Such factors are each of the 
following: 
‘‘(i) The frequency of the conduct. 
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‘‘(ii) The duration of the conduct. 
‘‘(iii) The location where the conduct oc-
curred. 
‘‘(iv) The number of individuals engaged in 
the conduct. 
‘‘(v) The nature of the conduct, which may 
include physical, verbal, pictorial, or visual con-
duct, and conduct that occurs in person or is 
transmitted, such as electronically. 
‘‘(vi) Whether the conduct is threatening. 
‘‘(vii) Any power differential between the 
alleged harasser and the person allegedly har-
assed. 
‘‘(viii) Any use of epithets, slurs, or other 
conduct that is humiliating or degrading. 
‘‘(ix) Whether the conduct reflects stereo-
types about individuals in the protected class 
involved. 
‘‘(4) In determining, for purposes of this subsection, 
whether conduct constitutes workplace harassment, con-
duct may be workplace harassment regardless of whether, 
for example— 
‘‘(A) the complaining party is not the individual 
being harassed; 
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‘‘(B) the complaining party acquiesced or other-
wise submitted to, or participated in, the conduct; 
‘‘(C) the conduct is also experienced by others 
outside the protected class involved; 
‘‘(D) the complaining party was able to con-
tinue carrying out duties and responsibilities of the 
party’s job despite the conduct; 
‘‘(E) the conduct did not cause a tangible in-
jury or psychological injury; or 
‘‘(F) the conduct occurred outside of the work-
place.’’. 
(2) AMERICANS
WITH
DISABILITIES
ACT
OF 
1990.—Section 102(b) of the Americans with Disabil-
ities Act (42 U.S.C. 12112(b)) is amended— 
(A) in paragraph (6), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (7), by striking the pe-
riod and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(8) engaging in workplace harassment, which 
is conduct based on disability, regardless of whether 
it is direct or indirect, or verbal or nonverbal, that— 
‘‘(A) unreasonably alters an individual’s 
terms, conditions, or privileges of employment, 
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including by creating an intimidating, hostile, 
or offensive work environment; and 
‘‘(B) is determined to be such harassment 
in accordance with paragraphs (3) and (4) of 
section 703(o) of the Civil Rights Act of 1964 
(42 U.S.C. 2000e–2(o)).’’. 
(3) REHABILITATION
ACT
OF
1973.—Section 
501(f) of the Rehabilitation Act of 1973 (29 U.S.C. 
791(f)) is amended by inserting ‘‘, including section 
102(b) of that Act (42 U.S.C. 12112(b))’’, before 
‘‘and the provisions’’. 
(4) AGE
DISCRIMINATION
IN
EMPLOYMENT 
ACT.—Section 4 of the Age Discrimination in Em-
ployment Act of 1967 (29 U.S.C. 623) is amended 
by adding at the end the following: 
‘‘(n) It shall be unlawful under subsection (a) to en-
gage in workplace harassment, which is conduct based on 
age, regardless of whether it is direct or indirect, or verbal 
or nonverbal, that— 
‘‘(1) unreasonably alters an individual’s terms, 
conditions, or privileges of employment, including by 
creating an intimidating, hostile, or offensive work 
environment; and 
‘‘(2) is determined to be such harassment in ac-
cordance with paragraphs (3) and (4) of section 
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703(o) of the Civil Rights Act of 1964 (42 U.S.C. 
2000e–2(o)).’’. 
(5) GENETIC
INFORMATION
NONDISCRIMINA-
TION ACT OF 2008.—Section 202 of the Genetic In-
formation Nondiscrimination Act of 2008 (42 U.S.C. 
2000ff–1) is amended by adding at the end the fol-
lowing: 
‘‘(d) WORKPLACE HARASSMENT.—It shall be an un-
lawful employment practice under subsection (a) to engage 
in workplace harassment, which is conduct based on ge-
netic information, regardless of whether it is direct or indi-
rect, or verbal or nonverbal, that— 
‘‘(1) unreasonably alters an individual’s terms, 
conditions, or privileges of employment, including by 
creating an intimidating, hostile, or offensive work 
environment; and 
‘‘(2) is determined to be such harassment in ac-
cordance with paragraphs (3) and (4) of section 
703(o) of the Civil Rights Act of 1964 (42 U.S.C. 
2000e–2(o)).’’. 
(6) CHAPTER 43 OF TITLE 38, UNITED STATES 
CODE.—Section 4311 of title 38, United States 
Code, is amended by adding at the end the fol-
lowing: 
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‘‘(e) It shall be an unlawful employment practice 
under subsection (a) to engage in workplace harassment, 
which is conduct based on uniformed services status 
(meaning the membership, application for membership, 
performance of service, application for service, or obliga-
tion, described in subsection (a)), regardless of whether 
it is direct or indirect, or verbal or nonverbal, that— 
‘‘(1) unreasonably alters an individual’s benefits 
of employment, including by creating an intimi-
dating, hostile, or offensive work environment; and 
‘‘(2) is determined to be such harassment in ac-
cordance with paragraphs (3) and (4) of section 
703(o) of the Civil Rights Act of 1964 (42 U.S.C. 
2000e–2(o)).’’. 
SEC. 205. CLARIFYING OTHER STANDARDS OF PROOF. 
(a) AMENDMENTS TO DEFINITIONS.— 
(1) AMERICANS
WITH
DISABILITIES
ACT
OF 
1990.—Section 101 of the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12111) is amended by 
adding at the end the following: 
‘‘(11) 
DEMONSTRATES.—The 
term 
‘dem-
onstrates’ means meets the burdens of production 
and persuasion.’’. 
(2) AGE DISCRIMINATION IN EMPLOYMENT ACT 
OF 1967.—Section 11 of the Age Discrimination in 
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Employment Act of 1967 (29 U.S.C. 630) is amend-
ed by adding at the end the following: 
‘‘(m) The term ‘demonstrates’ means meets the bur-
dens of production and persuasion.’’. 
(3) GENETIC
INFORMATION
NONDISCRIMINA-
TION ACT OF 2008.—Section 201 of the Genetic In-
formation Nondiscrimination Act of 2008 (42 U.S.C. 
2000ff) is amended by adding at the end the fol-
lowing: 
‘‘(8) 
DEMONSTRATES.—The 
term 
‘dem-
onstrates’ means meets the burdens of production 
and persuasion.’’. 
(b) CLARIFYING PROHIBITION AGAINST IMPERMIS-
SIBLE CONSIDERATION IN EMPLOYMENT PRACTICES.— 
(1) RACE, COLOR, RELIGION, SEX, OR
NA-
TIONAL ORIGIN.—Section 703 of the Civil Rights 
Act of 1964 (42 U.S.C. 2000e–2) is amended by 
striking subsection (m) and inserting the following: 
‘‘(m) Except as otherwise provided in this title, an 
unlawful employment practice is established under this 
title when the complaining party demonstrates that race, 
color, religion, sex, or national origin or an activity pro-
tected by section 704(a) was a motivating factor for any 
employment practice, even though other factors also moti-
vated the practice.’’. 
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(2) DISABILITY.—Section 102 of the Americans 
with Disabilities Act of 1990 (42 U.S.C. 12112) is 
amended by adding at the end the following: 
‘‘(e) PROOF.— 
‘‘(1) ESTABLISHMENT.—Except as otherwise 
provided in this Act, a discriminatory practice is es-
tablished under this Act when the complaining party 
demonstrates that disability or an activity protected 
by subsection (a) or (b) of section 503 was a moti-
vating factor for any employment practice, even 
though other factors also motivated the practice. 
‘‘(2) DEMONSTRATION.—In establishing a dis-
criminatory practice under paragraph (1) or by any 
other method of proof, a complaining party— 
‘‘(A) may rely on any type or form of ad-
missible evidence and need only produce evi-
dence sufficient for a reasonable trier of fact to 
find that a discriminatory practice occurred 
under this Act; and 
‘‘(B) shall not be required to demonstrate 
that disability or an activity protected by sub-
section (a) or (b) of section 503 was the sole 
cause of an employment practice.’’. 
(3) AGE.—Section 4 of the Age Discrimination 
in Employment Act of 1967 (29 U.S.C. 623) is 
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amended by inserting after subsection (f) the fol-
lowing: 
‘‘(g)(1) Except as otherwise provided in this Act, an 
unlawful practice is established under this Act when the 
complaining party demonstrates that age or an activity 
protected by subsection (d) was a motivating factor for 
any practice, even though other factors also motivated the 
practice. 
‘‘(2) In establishing an unlawful practice under this 
Act, including under paragraph (1) or by any other meth-
od of proof, a complaining party— 
‘‘(A) may rely on any type or form of admis-
sible evidence and need only produce evidence suffi-
cient for a reasonable trier of fact to find that an 
unlawful practice occurred under this Act; and 
‘‘(B) shall not be required to demonstrate that 
age or an activity protected by subsection (d) was 
the sole cause of a practice.’’. 
(4) GENETIC
INFORMATION.—Section 202 of 
the Genetic Information Nondiscrimination Act of 
2008 (42 U.S.C. 2000ff–1), as amended by section 
204(c)(5), is further amended by adding at the end 
the following: 
‘‘(e) PROOF.— 
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‘‘(1) ESTABLISHMENT.—Except as otherwise 
provided in this title, an unlawful employment prac-
tice is established under this title when the com-
plaining party demonstrates that genetic information 
or an activity protected by section 207(f) was a mo-
tivating factor for any employment practice, even 
though other factors also motivated the practice. 
‘‘(2) DEMONSTRATION.—In establishing an un-
lawful employment practice under paragraph (1) or 
by any other method of proof, a complaining party— 
‘‘(A) may rely on any type or form of ad-
missible evidence and need only produce evi-
dence sufficient for a reasonable trier of fact to 
find that an unlawful employment practice oc-
curred under this title; and 
‘‘(B) shall not be required to demonstrate 
that genetic information or an activity protected 
by section 207(f) was the sole cause of an em-
ployment practice.’’. 
(c) CERTAIN RETALIATION CLAIMS.— 
(1) AMERICANS
WITH
DISABILITIES
ACT
OF 
1990.—Section 503(c) of the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12203(c)) is amend-
ed— 
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(B) in the second sentence, by striking 
‘‘The remedies’’ and inserting ‘‘Except as pro-
vided in paragraph (2), the remedies’’; and 
(C) by adding at the end the following: 
‘‘(2) CERTAIN
RETALIATION
CLAIMS.—Sub-
section (g) shall apply to claims under section 
202(d)(1).’’. 
(d) REMEDIES.— 
(1) AMERICANS
WITH
DISABILITIES
ACT
OF 
1990.—Section 107 of the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12117) is amended by 
adding at the end the following: 
‘‘(c) DISCRIMINATORY MOTIVATING FACTOR.—On a 
claim in which an individual demonstrates that disability 
was a motivating factor for any employment practice, 
under section 102(e)(1), and a respondent demonstrates 
that the respondent would have taken the same action in 
the absence of the impermissible motivating factor, the 
court— 
‘‘(1) may grant declaratory relief, injunctive re-
lief (except as provided in paragraph (2)), and attor-
ney’s fees and costs demonstrated to be directly at-
tributable only to the pursuit of a claim under sec-
tion 102(e)(1); and 
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‘‘(2) shall not award damages or issue an order 
requiring any admission, reinstatement, hiring, pro-
motion, or payment.’’. 
(2) AGE DISCRIMINATION IN EMPLOYMENT ACT 
OF 1967.—Section 7 of the Age Discrimination in 
Employment Act of 1967 (29 U.S.C. 626) is amend-
ed— 
(A) in subsection (b), as amended by sec-
tion 203(b)— 
(i) in the second sentence, by striking 
‘‘In’’ and inserting ‘‘Subject to paragraph 
(2), in’’; 
(ii) in the third sentence, by striking 
‘‘Before’’ and inserting the following: 
‘‘(3) Before’’; and 
(iii) by inserting before paragraph (3), 
as designated by clause (ii), the following: 
‘‘(2) On a claim in which an individual demonstrates 
that age was a motivating factor for any employment prac-
tice, under section 4(g)(1), and a respondent demonstrates 
that the respondent would have taken the same action in 
the absence of the impermissible motivating factor, the 
court— 
‘‘(A) may grant declaratory relief, injunctive re-
lief (except as provided in subparagraph (B)), and 
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attorney’s fees and costs demonstrated to be directly 
attributable only to the pursuit of a claim under sec-
tion 4(g)(1); and 
‘‘(B) shall not award damages or issue an order 
requiring any admission, reinstatement, hiring, pro-
motion, or payment.’’; and 
(B) in subsection (c)— 
(i) in paragraph (1), by striking 
‘‘Any’’ and inserting ‘‘Subject to sub-
section (b)(2), any’’; and 
(ii) in paragraph (2), by striking ‘‘of 
any issue of fact’’ and all that follows 
through the period and inserting ‘‘under 
the same circumstances as a trial by jury 
is available under title VII of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e et 
seq.).’’. 
(3) GENETIC
INFORMATION
NONDISCRIMINA-
TION ACT OF 2008.—Section 207 of the Genetic In-
formation Nondiscrimination Act of 2008 (42 U.S.C. 
2000ff–6) is amended— 
(A) by redesignating subsection (g) as sub-
section (h); and 
(B) by inserting after subsection (f) the 
following: 
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‘‘(g) MOTIVATING FACTOR.—On a claim in which an 
individual demonstrates that genetic information was a 
motivating factor for any employment practice, under sec-
tion 202(e)(1), including a claim involving an employee or 
applicant described in any of subsections (a) through (e), 
and a respondent demonstrates that the respondent would 
have taken the same action in the absence of the imper-
missible motivating factor, the court or the corresponding 
decisionmaker specified in subsections (a) through (e)— 
‘‘(1) may grant declaratory relief, injunctive re-
lief (except as provided in paragraph (2)), and attor-
ney’s fees and costs demonstrated to be directly at-
tributable only to the pursuit of a claim under sec-
tion 202(d)(1); and 
‘‘(2) shall not award damages or issue an order 
requiring any admission, reinstatement, hiring, pro-
motion, or payment.’’. 
(e) FEDERAL EMPLOYEES.— 
(1) TITLE VII OF THE CIVIL RIGHTS ACT OF 
1964.—Section 717 of the Civil Rights Act of 1964 
(42 U.S.C. 2000e–16) is amended by adding at the 
end the following: 
‘‘(g) Sections 703(m) and 706(g)(2)(B) shall apply 
to mixed motive cases (involving practices described in sec-
tion 703(m)) under this section.’’. 
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(2) 
REHABILITATION
ACT
OF
1973.—The 
amendment made by subsection (f) to section 501(f) 
of the Rehabilitation Act of 1973 (29 U.S.C. 791(f)) 
shall be construed to apply to all employees covered 
by section 501 of that Act (29 U.S.C. 791). 
(3) AGE DISCRIMINATION IN EMPLOYMENT ACT 
OF 1967.—Section 15 of the Age Discrimination in 
Employment Act of 1967 (29 U.S.C. 633a) is 
amended— 
(A) in subsection (a)— 
(i) by striking ‘‘States) in’’ and insert-
ing ‘‘States) shall be made free from any 
discrimination based on age, in—’’; 
(ii) by striking ‘‘military depart-
ments’’ and inserting the following: 
‘‘(1) military departments’’; 
(iii) by striking ‘‘Code, in executive 
agencies’’ and inserting the following: 
‘‘Code; 
‘‘(2) executive agencies’’; 
(iv) by striking ‘‘funds), in the United 
States Postal’’ and inserting the following: 
‘‘funds); 
‘‘(3) the United States Postal’’; 
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(v) by striking ‘‘Commission, in those 
units’’ and inserting the following: ‘‘Com-
mission; 
‘‘(4) those units’’; 
(vi) by striking ‘‘competitive service, 
and in those units’’ and inserting the fol-
lowing: ‘‘competitive service; 
‘‘(5) those units’’; 
(vii) by striking ‘‘competitive service, 
in the Smithsonian’’ and inserting ‘‘com-
petitive service; 
‘‘(6) the Smithsonian’’; 
(viii) by striking ‘‘Institution, and in 
the Government’’ and inserting ‘‘Institu-
tion; 
‘‘(7) the Government’’; 
(ix) by striking ‘‘Printing Office, the 
General’’ and inserting ‘‘Printing Office; 
‘‘(8) the General’’; 
(x) by striking ‘‘Office, and the Li-
brary’’ and inserting ‘‘Office; and 
‘‘(9) the Library’’; and 
(xi) by striking ‘‘of Congress’’ and all 
that follows and inserting ‘‘of Congress.’’; 
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(B) in subsection (b), by striking the first, 
second, third, fourth, and sixth sentences; 
(C) in subsection (c), by striking ‘‘Any per-
son’’ and inserting ‘‘Notwithstanding any other 
provision of this Act, any person’’; 
(D) by striking subsection (g) and insert-
ing the following: 
‘‘(g) Except as otherwise provided in another sub-
section of this section, section 7, or section 9, the powers, 
remedies, and procedures provided in section 717 of the 
Civil Rights Act of 1964 (42 U.S.C. 2000e–16) to the 
Commission, the Attorney General, the Librarian of Con-
gress, or any person, alleging a violation of that section 
shall be the powers, remedies, and procedures this Act 
provides to the Commission, the Attorney General, the Li-
brarian of Congress, or any person, respectively, alleging 
an unlawful employment practice in violation of subsection 
(a) against an employee or applicant for employment de-
scribed in subsection (a).’’; and 
(E) by adding at the end the following: 
‘‘(h) Section 4(g) shall apply to mixed motive claims 
(involving practices described in section 4(g)(1)) under 
this section.’’. 
(f) ADDITIONAL AMENDMENTS TO THE REHABILITA-
TION ACT OF 1973.—Sections 501(f), 503(d), and 504(d) 
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of the Rehabilitation Act of 1973 (29 U.S.C. 791(f), 
793(d), and 794(d)), are each amended by adding after 
the words ‘‘title I of the Americans with Disabilities Act 
of 1990 (42 U.S.C. 12111 et seq.)’’ the following: ‘‘, in-
cluding the standards of causation and methods of proof 
applied under section 102(e) of that Act (42 U.S.C. 
12112(e)),’’. 
(g) OTHER GOVERNMENT EMPLOYEES.— 
(1) CONGRESSIONAL ACCOUNTABILITY ACT OF 
1995.—Section 201 of the Congressional Account-
ability Act of 1995 (2 U.S.C. 1311) is amended— 
(A) in subsection (a)(2), by striking ‘‘sec-
tion 15 of the Age Discrimination in Employ-
ment Act of 1967 (29 U.S.C. 633a)’’ and in-
serting ‘‘sections 4(g) and 15 of the Age Dis-
crimination in Employment Act of 1967 (29 
U.S.C. 623(g), 633a)’’; and 
(B) in subsection (b)— 
(i) in paragraph (2)(A), by striking 
‘‘section 15(c) of the Age Discrimination in 
Employment Act of 1967 (29 U.S.C. 
633a(c))’’ and inserting ‘‘section 4(d)(2), 
paragraphs (1) and (2) of section 7(b), 
and section 15(c) of the Age Discrimina-
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tion in Employment Act of 1967 (29 
U.S.C. 623(d)(2), 626(b), 633a(c))’’; and 
(ii) in paragraph (3)(A), by striking 
‘‘section 107(a) of the Americans with Dis-
abilities 
Act 
of 
1990 
(42 
U.S.C. 
12117(a))’’ and inserting ‘‘subsections (a) 
and (c) of section 107, and section 
503(c)(2), of the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12117, 
12203)’’. 
(2) TITLE 3, UNITED STATES CODE.—Section 
411 of title 3, United States Code, is amended— 
(A) in subsection (a)(2), by striking ‘‘sec-
tion 15 of the Age Discrimination in Employ-
ment Act of 1967’’ and inserting ‘‘sections 4(g) 
and 15 of the Age Discrimination in Employ-
ment Act of 1967’’; and 
(B) in subsection (b)— 
(i) in paragraph (2)(A), by striking 
‘‘section 15(c) of the Age Discrimination in 
Employment Act of 1967’’ and inserting 
‘‘section 4(d)(2), paragraphs (1) and (2) of 
section 7(b), and section 15(c) of the Age 
Discrimination in Employment Act of 
1967’’; and 
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(ii) in paragraph (3)(A), by striking 
‘‘section 107(a) of the Americans with Dis-
abilities Act of 1990’’ and inserting ‘‘sub-
sections (a) and (c) of section 107, and 
section 503(c)(2), of the Americans with 
Disabilities Act of 1990’’. 
(3) GOVERNMENT EMPLOYEE RIGHTS ACT OF 
1991.—Section 302 of the Government Employee 
Rights Act of 1991 (42 U.S.C. 2000e–16b) is 
amended— 
(A) in subsection (a)(2), by striking ‘‘sec-
tion 15 of the Age Discrimination in Employ-
ment Act of 1967 (29 U.S.C. 633a)’’ and in-
serting ‘‘sections 4(g) and 15 of the Age Dis-
crimination in Employment Act of 1967 (29 
U.S.C. 623(g), 633a)’’; and 
(B) in subsection (b)— 
(i) in paragraph (1), by inserting 
‘‘(and, in the case of a violation of sub-
section 
(a)(3), 
sections 
107(c) 
and 
503(c)(2) of the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12117(c), 
12203(c)(2)))’’ before ‘‘, and’’; and 
(ii) in paragraph (2), by striking ‘‘sec-
tion 15(c) of the Age Discrimination in 
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Employment Act of 1967 (29 U.S.C. 
633a(c))’’ and inserting ‘‘section 4(d)(2), 
paragraphs (1) and (2) of section 7(b), 
and section 15(c) of the Age Discrimina-
tion in Employment Act of 1967 (29 
U.S.C. 623(d)(2), 626(b), 633a(c))’’. 
(h) APPLICATION.—This section, and the amend-
ments made by this section, shall apply to all claims pend-
ing on or after the date of enactment of this Act. 
SEC. 206. SUPERVISOR LIABILITY. 
(a) AMENDMENT
TO TITLE VII OF
THE CIVIL 
RIGHTS ACT OF 1964.— 
(1) STANDARD FOR EMPLOYER LIABILITY FOR 
HOSTILE WORK ENVIRONMENT.—Section 703 of the 
Civil Rights Act of 1964 (42 U.S.C. 2000e–2), as 
amended by 204(c)(1), is further amended by adding 
at the end the following: 
‘‘(p) Subject to section 206(j) of the BE HEARD in 
the Workplace Act, an employer shall be liable for the acts 
of any individual whose harassment of an employee has 
created or continued a hostile work environment that con-
stitutes an unlawful employment practice under this sec-
tion if, at the time of the harassment— 
‘‘(1) such individual was authorized by that em-
ployer— 
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‘‘(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.’’. 
(2) STANDARD FOR EMPLOYER LIABILITY FOR 
RETALIATORY HOSTILE WORK ENVIRONMENT.—Sec-
tion 704 of the Civil Rights Act of 1964 (42 U.S.C. 
2000e–3), as amended by section 201(a)(3), is fur-
ther amended— 
(A) by redesignating subsection (b) as sub-
section (c); and 
(B) by inserting after subsection (a) the 
following: 
‘‘(b) Subject to section 206(j) of the BE HEARD in 
the Workplace Act, an employer shall be liable for the acts 
of any individual whose harassment of an employee has 
created or continued a retaliatory hostile work environ-
ment that constitutes an unlawful employment practice as 
described under subsection (a) if, at the time of the har-
assment— 
‘‘(1) such individual was authorized by that em-
ployer— 
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‘‘(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.’’. 
(3) FEDERAL EMPLOYEES.—Section 717 of the 
Civil Rights Act of 1964 (42 U.S.C. 2000e–16), as 
amended by section 205(e)(1), is further amended 
by adding at the end the following: 
‘‘(h) The provisions of sections 703(p) and 704(b) 
shall apply to hostile work environment claims and retalia-
tory hostile work environment claims, respectively, under 
this section.’’. 
(b) AMENDMENT TO THE AGE DISCRIMINATION IN 
EMPLOYMENT ACT OF 1967.— 
(1) STANDARD FOR EMPLOYER LIABILITY FOR 
HOSTILE
WORK
ENVIRONMENT.—Section 4 of the 
Age Discrimination in Employment Act of 1967 (29 
U.S.C. 623), as amended by section 204(c)(4), is 
further amended by adding at the end the following: 
‘‘(o) Subject to section 206(j) of the BE HEARD in 
the Workplace Act, an employer shall be liable for the acts 
of any individual whose harassment of an employee has 
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created or continued a hostile work environment that is 
unlawful under this section if, at the time of the harass-
ment— 
‘‘(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.’’. 
(2) STANDARD FOR EMPLOYER LIABILITY FOR 
RETALIATORY HOSTILE WORK ENVIRONMENT.—Sec-
tion 4(d)(1) of the Age Discrimination in Employ-
ment Act of 1967 (29 U.S.C. 623(d)(1)), as amend-
ed by section 205(c)(2), is further amended by strik-
ing ‘‘or litigation under this Act.’’ and inserting ‘‘or 
litigation under this Act. Subject to section 206(j) of 
the BE HEARD in the Workplace Act, an employer 
shall be liable for the acts of any individual whose 
harassment of an employee has created or continued 
a retaliatory hostile work environment that is unlaw-
ful under this subsection if, at the time of the har-
assment— 
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‘‘(A) such individual was authorized by 
that employer— 
‘‘(i) to undertake or recommend tan-
gible employment actions affecting the em-
ployee; or 
‘‘(ii) to direct the employee’s daily 
work activities; or 
‘‘(B) the negligence of the employer led to 
the creation or continuation of that retaliatory 
hostile work environment.’’. 
(3) FEDERAL EMPLOYEES.—Section 15 of the 
Age Discrimination in Employment Act of 1967 (29 
U.S.C. 633a), as amended by section 205(e)(3), is 
further amended by adding at the end the following: 
‘‘(i) Subsections (d) and (o) of section 4 shall apply 
to retaliatory hostile work environment claims and hostile 
work environment claims, respectively, under this sec-
tion.’’. 
(c) AMENDMENT TO THE AMERICANS WITH DISABIL-
ITIES ACT OF 1990.— 
(1) STANDARD FOR EMPLOYER LIABILITY FOR 
HOSTILE WORK ENVIRONMENT.—Section 102 of the 
Americans with Disabilities Act of 1990 (42 U.S.C. 
12112), as amended by section 205(b)(2), is further 
amended by adding at the end the following: 
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‘‘(f) Subject to section 206(j) of the BE HEARD in 
the Workplace Act, an employer shall be liable for the acts 
of any individual whose harassment of an employee has 
created or continued a hostile work environment that con-
stitutes 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.’’. 
(2) STANDARD FOR EMPLOYER LIABILITY FOR 
RETALIATORY HOSTILE WORK ENVIRONMENT.—Sec-
tion 503 of the Americans with Disabilities Act of 
1990 (42 U.S.C. 12203) is amended— 
(A) by redesignating subsection (c) as sub-
section (d); 
(B) by inserting after subsection (b) the 
following: 
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‘‘(c) Subject to section 206(j) of the BE HEARD in 
the Workplace Act, an employer shall be liable for the acts 
of any individual whose harassment of an employee has 
created or continued a retaliatory hostile work environ-
ment that constitutes retaliatory discrimination, as de-
scribed in subsection (a), or the carrying out of any unlaw-
ful 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 
(C) in subsection (d), as redesignated by 
subparagraph (A), by striking ‘‘subsections (a) 
and (b)’’ and inserting ‘‘subsections (a), (b), 
and (c)’’. 
(d) AMENDMENT TO THE REHABILITATION ACT OF 
1973.— 
(1) STANDARD FOR EMPLOYER LIABILITY FOR 
HOSTILE
WORK
ENVIRONMENT
AND
RETALIATORY 
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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 206(j) of the BE HEARD in 
the Workplace Act, each department, agency, and instru-
mentality 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— 
‘‘(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 
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environment or retaliatory hostile work environ-
ment.’’. 
(2) STANDARD FOR EMPLOYER LIABILITY FOR 
HOSTILE
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 206(j) of the BE HEARD in 
the Workplace Act, 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— 
‘‘(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.’’. 
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(3) REMEDIES.—Section 505 of the Rehabilita-
tion 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.’’. 
(e) 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 fol-
lowing: 
‘‘(d) Subject to section 206(j) of the BE HEARD in 
the Workplace Act, 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 un-
lawful employment practice, if, at the time of the harass-
ment— 
‘‘(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 
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‘‘(2) the negligence of the employer led to the 
creation or continuation of that hostile work environ-
ment or retaliatory hostile work environment.’’. 
(f) AMENDMENT
TO
THE GENETIC INFORMATION 
NONDISCRIMINATION ACT OF 2008.— 
(1) STANDARD FOR EMPLOYER LIABILITY FOR 
HOSTILE WORK ENVIRONMENT.—Section 202 of the 
Genetic Information Nondiscrimination Act of 2008 
(42 U.S.C. 2000ff–1), as amended by sections 
204(c)(5) and 205(b)(4), is further amended by add-
ing at the end the following: 
‘‘(f) Subject to section 206(j) of the BE HEARD in 
the Workplace Act, an employer shall be liable for the acts 
of any individual whose harassment of an employee has 
created or continued a hostile work environment that con-
stitutes an unlawful employment practice under this sec-
tion 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 
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‘‘(2) the negligence of the employer led to the 
creation or continuation of that hostile work environ-
ment.’’. 
(2) STANDARD FOR EMPLOYER LIABILITY FOR 
RETALIATORY HOSTILE WORK ENVIRONMENT.—Sec-
tion 207(f)(1) of the Genetic Information Non-
discrimination Act (42 U.S.C. 2000ff–6(f)(1)), as 
amended by section 205(c)(2), is further amended 
by striking ‘‘violations of this subsection.’’ and in-
serting ‘‘violations of this subsection. Subject to sec-
tion 206(j) of the BE HEARD in the Workplace 
Act, an employer shall be liable for the acts of any 
individual whose harassment of an employee has cre-
ated or continued a retaliatory hostile work environ-
ment that constitutes discrimination under this sub-
section if, at the time of the harassment— 
‘‘(A) such individual was authorized by the 
employer— 
‘‘(i) to undertake or recommend tan-
gible employment actions affecting the em-
ployee; or 
‘‘(ii) to direct the employee’s daily 
work activities; or 
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‘‘(B) the negligence of the employer led to 
the creation or continuation of that retaliatory 
hostile work environment.’’. 
(g) 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 206(j) of the BE HEARD in 
the Workplace Act, an employer of an individual described 
under section 304(a) shall be liable for the acts of any 
individual whose harassment of a State employee de-
scribed 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.’’. 
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(h) AMENDMENT
TO TITLE 3, UNITED STATES 
CODE.—Section 411 of title 3, United States Code, is 
amended— 
(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 206(j) of the BE HEARD in the Workplace Act, 
an employing office shall be liable for the acts of any indi-
vidual whose harassment of a covered employee has cre-
ated or continued a hostile work environment or a retalia-
tory hostile work environment constituting 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 
‘‘(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).’’. 
(i) AMENDMENT TO THE CONGRESSIONAL ACCOUNT-
ABILITY ACT OF 1995.—Section 201 of the Congressional 
Accountability Act of 1995 (2 U.S.C. 1311), as amended 
by section 302(a) of the Congressional Accountability Act 
of 1995 Reform Act, is further amended— 
(1) by striking subsection (e); and 
(2) by adding at the end the following: 
‘‘(e) OUTSIDE
INDIVIDUALS.—Subject to section 
206(j) of the BE HEARD in the Workplace Act, an em-
ploying 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 hos-
tile 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.’’. 
(j) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to limit the availability of, or access 
to, defenses available under the law. 
(k) APPLICATION.—This section, and the amend-
ments made by this section, shall apply to all claims pend-
ing on or after the date of enactment of this Act. 
SEC. 207. EXTENDING THE STATUTES OF LIMITATIONS. 
(a) CIVIL RIGHTS ACT OF 1964; AMERICANS WITH 
DISABILITIES ACT
OF 1990; GENETIC INFORMATION 
NONDISCRIMINATION ACT OF 2008.—Section 706 of the 
Civil Rights Act of 1964 (42 U.S.C. 2000e–5) is amend-
ed— 
(1) in subsection (e)— 
(A) in paragraph (1)— 
(i) by striking ‘‘one hundred and 
eighty days after the alleged unlawful em-
ployment practice occurred’’ and inserting 
‘‘4 years after the alleged unlawful employ-
ment practice occurred.’’; and 
(ii) by striking ‘‘three hundred days 
after the alleged unlawful employment 
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practice occurred’’ and inserting ‘‘4 years 
and 120 days after the alleged unlawful 
employment practice occurred.’’; and 
(B) in paragraph (3)(B), by striking ‘‘two 
years preceding the filing of the charge’’ and all 
that follows and inserting ‘‘4 years preceding 
the filing of the charge.’’; and 
(2) in subsection (g)(1), by striking ‘‘two years 
prior to the filing of a charge’’ and inserting ‘‘4 
years preceding the filing of the charge’’. 
(b) AGE DISCRIMINATION IN EMPLOYMENT ACT OF 
1967.—Section 7(d) of the Age Discrimination in Employ-
ment Act of 1967 (29 U.S.C. 626(d)) is amended— 
(1) in the second sentence, by redesignating 
paragraphs (1) and (2) as subparagraphs (A) and 
(B), respectively; 
(2) by striking ‘‘(d)’’ and all that follows 
through ‘‘No’’ and inserting ‘‘(d)(1) No’’; and 
(3) in paragraph (1), as designated by para-
graph (2) of this subsection— 
(A) by striking ‘‘Secretary. Such’’ and in-
serting ‘‘Secretary, and such’’; 
(B) in subparagraph (A), by striking ‘‘180 
days after the alleged unlawful practice oc-
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curred’’ and inserting ‘‘4 years after the alleged 
unlawful practice occurred’’; and 
(C) in subparagraph (B), by striking ‘‘300 
days after the alleged unlawful practice oc-
curred’’ and inserting ‘‘4 years and 120 days 
after the alleged unlawful practice occurred’’. 
SEC. 208. EXTENDING THE TIME LIMITATIONS ON FEDERAL 
EMPLOYEES FILING A COMPLAINT. 
(a) IN GENERAL.—The Equal Employment Oppor-
tunity Commission (referred to in this section as ‘‘the 
Commission’’) shall ensure that a covered Federal em-
ployee shall not be required to take any action necessary 
to bring a complaint to the department, agency, unit, or 
instrumentality involved prior to 4 years from the date of 
the matter alleged to be discriminatory or, in the case of 
personnel action, 4 years from the effective date of the 
personnel action. 
(b) COVERED EMPLOYEES
AND COMPLAINTS.—In 
this section, the term ‘‘covered Federal employee’’ 
means— 
(1) an employee or applicant to whom section 
717(a) of the Civil Rights Act of 1964 (42 U.S.C. 
2000e–16(a)) applies, in the case of a complaint 
brought under section 717 of that Act (42 U.S.C. 
2000e–16); 
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(2) an employee or applicant to whom section 
15(a) of the Age Discrimination in Employment Act 
of 1967 (29 U.S.C. 633a(a)) applies, in the case of 
a complaint brought under section 15 of that Act 
(29 U.S.C. 633a); 
(3) an employee or applicant to whom section 
501 of the Rehabilitation Act of 1973 (29 U.S.C. 
791) applies, in the case of a complaint brought to 
enforce that section under section 505 of that Act 
(29 U.S.C. 794a); and 
(4) an employee or applicant described in sec-
tion 201(2)(A)(v) of the Genetic Information Non-
discrimination 
Act 
of 
2008 
(42 
U.S.C. 
2000ff(2)(A)(v)), in the case of a complaint brought 
to enforce title II of that Act (42 U.S.C. 2000ff et 
seq.) under section 207(e) of that Act (42 U.S.C. 
2000ff–6(e)). 
TITLE 
III—BROADENING 
PRO-
TECTIONS 
AND 
ENSURING 
TRANSPARENCY 
SEC. 301. INDEPENDENT CONTRACTORS, INTERNS, FEL-
LOWS, VOLUNTEERS, AND TRAINEES. 
(a) COVERED EMPLOYER OR ENTITY.—All protec-
tions afforded to an employee or individual under a provi-
sion that consists of title VII of the Civil Rights Act of 
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1964 (42 U.S.C. 2000e et seq.), the Government Em-
ployee Rights Act of 1991 (42 U.S.C. 2000e–16a et seq.), 
the Congressional Accountability Act of 1995 (2 U.S.C. 
1301 et seq.), subchapter II of chapter 5 of title 3, United 
States Code, the Age Discrimination in Employment Act 
of 1967 (29 U.S.C. 621 et seq.), title I and section 503 
(for violations with respect to that title) of the Americans 
with Disabilities Act of 1990 (42 U.S.C. 12111 et seq., 
12203), sections 501 and 505 of the Rehabilitation Act 
of 1973 (29 U.S.C. 791, 794a), section 6(d) of the Fair 
Labor Standards Act of 1938 (commonly known as the 
‘‘Equal Pay Act of 1963’’) (29 U.S.C. 206(d)), title II 
of the Genetic Information Nondiscrimination Act of 2008 
(42 U.S.C. 2000ff et seq.), and section 4311 of title 38, 
United States Code, shall be afforded, in the same manner 
and to the same extent, to— 
(1) an individual who is engaged by an em-
ployer or entity covered by that provision (referred 
to in this subsection as a ‘‘covered employer or enti-
ty’’) as an independent contractor (regardless of 
business structure, including organization as a legal 
or commercial entity) or as an intern, fellow, volun-
teer, or trainee, whether or not the individual re-
ceives compensation, academic credit, or other remu-
neration from the covered employer or entity; or 
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(2) an individual who applies or seeks to be-
come such an independent contractor (regardless of 
business structure, including organization as a legal 
or commercial entity), intern, fellow, volunteer, or 
trainee, for the covered employer or entity. 
(b) COVERED ESTABLISHMENTS.— 
(1) DEFINITION.—In this subsection, the term 
‘‘covered establishment’’ means an individual or enti-
ty that— 
(A) is not acting as an employer or entity 
covered by a provision specified in subsection 
(a); and 
(B) engages the services (including solic-
iting such services) of an independent con-
tractor (regardless of business structure, includ-
ing organization as a legal or commercial enti-
ty), intern, fellow, volunteer, or trainee by 
means of an instrument of transportation or 
communication in interstate commerce, or 
through an arrangement that involves the use 
of such an instrument to carry out or be con-
veyed to carry out those services. 
(2) PROTECTIONS.—All protections afforded to 
an employee or individual under a provision that 
consists of title VII of the Civil Rights Act of 1964, 
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the Age Discrimination in Employment Act of 1967, 
title I and section 503 (for violations with respect to 
that title) of the Americans with Disabilities Act of 
1990, section 6(d) of the Fair Labor Standards Act 
of 1938, title II of the Genetic Information Non-
discrimination Act of 2008, and section 4311 of title 
38, United States Code, shall be afforded, in the 
same manner and to the same extent that the provi-
sion covers an individual described in section 701(f) 
of the Civil Rights Act of 1964 (42 U.S.C. 
2000e(f)), to— 
(A) an individual who is engaged by a cov-
ered establishment as an independent con-
tractor (regardless of business structure, includ-
ing organization as a legal or commercial enti-
ty) or as an intern, fellow, volunteer, or trainee, 
whether or not the individual receives com-
pensation, academic credit, or other remunera-
tion from the covered establishment; or 
(B) an individual who applies or seeks to 
become such an independent contractor (regard-
less of business structure, including organiza-
tion as a legal or commercial entity), intern, fel-
low, volunteer, or trainee, for the covered estab-
lishment. 
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(c) DOMESTIC SERVICE.—For purposes of the provi-
sions listed in subsection (a) and the provisions of this 
Act, an individual or entity who engages the services (by 
means of an instrument of transportation or communica-
tion in interstate commerce, or through an arrangement 
that involves the use of such an instrument to carry out 
or be conveyed to carry out those services) of a person 
in domestic service in a household, as an employee, or as 
an independent contractor, intern, fellow, volunteer, or 
trainee, referred to in subsection (a) or (b) shall be consid-
ered to be engaged in interstate commerce. 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to limit the individuals protected 
under any provision described in subsection (a). 
(e) INTERSTATE COMMERCE.—In this section, the 
term ‘‘interstate commerce’’ means Commerce (as defined 
in section 3 of the Fair Labor Standards Act of 1938 (29 
U.S.C. 203)) among the several States. 
SEC. 302. NONDISCLOSURE AGREEMENTS. 
(a) DEFINITIONS.—In this section: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Equal Employment Opportunity Commis-
sion. 
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100 
(2) COVERED
ESTABLISHMENT.—The term 
‘‘covered establishment’’ has the meaning given the 
term in section 301. 
(3) COVERED INDIVIDUAL.—The term ‘‘covered 
individual’’ means— 
(A) in the case of an individual required to 
be afforded protections under section 301(a)— 
(i) an individual required to be af-
forded those protections by an employer 
described in paragraph (5)(A); 
(ii) an individual required to be af-
forded those protections by an employer 
described in paragraph (5)(B); 
(iii) an individual required to be af-
forded those protections by an employer 
described in paragraph (5)(C); 
(iv) an individual required to be af-
forded those protections by an employer 
described in paragraph (5)(D); or 
(v) an individual required to be af-
forded those protections by an employer 
described in paragraph (5)(E); and 
(B) in the case of an individual required to 
be afforded protections under section 301(b) by 
a covered establishment, that individual. 
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101 
(4) 
EMPLOYEE.—The 
term 
‘‘employee’’ 
means— 
(A) an employee (including an applicant), 
as defined in section 701(f) of the Civil Rights 
Act of 1964 (42 U.S.C. 2000e(f)); 
(B) a State employee (including an appli-
cant) described in section 304(a) of the Govern-
ment Employee Rights Act of 1991 (42 U.S.C. 
2000e–16c(a)); 
(C) a covered employee (including an appli-
cant), as defined in section 101 of the Congres-
sional Accountability Act of 1995 (2 U.S.C. 
1301), including an individual treated as a cov-
ered employee under that section; 
(D) a covered employee (including an ap-
plicant), as defined in section 411(c) of title 3, 
United States Code; or 
(E) an employee or applicant to which sec-
tion 717(a) of the Civil Rights Act of 1964 (42 
U.S.C. 2000e–16(a)) applies. 
(5) 
EMPLOYER.—The 
term 
‘‘employer’’ 
means— 
(A) an employer (as defined in section 
701(b) of the Civil Rights Act of 1964 (42 
U.S.C. 2000e(b))); 
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102 
(B) an entity employing a State employee 
described in section 304(a) of the Government 
Employee Rights Act of 1991; 
(C) an employing office, as defined in sec-
tion 101(a) of the Congressional Accountability 
Act of 1995 (2 U.S.C. 1301(a)); 
(D) an employing office, as defined in sec-
tion 411(c) of title 3, United States Code; or 
(E) an entity to which section 717(a) of 
the Civil Rights Act of 1964 applies. 
(6) NONDISCLOSURE CLAUSE.—The term ‘‘non-
disclosure clause’’ means a provision in a contract or 
agreement establishing that each party to the con-
tract or agreement agrees not to disclose informa-
tion covered by the terms and conditions of the con-
tract or agreement. 
(7) NONDISPARAGEMENT
CLAUSE.—The term 
‘‘nondisparagement clause’’ means a provision in a 
contract or agreement requiring one or more parties 
to the contract or agreement not to make negative 
statements about another such party. 
(8) WORKER.—The term ‘‘worker’’ means an 
employee or a covered individual. 
(b) UNLAWFUL PRACTICES.— 
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103 
(1) NONDISPARAGEMENT AND NONDISCLOSURE 
CLAUSES.—Subject to paragraph (3), it shall be an 
unlawful practice for an employer to enter into a 
contract or agreement with a worker, or for a cov-
ered establishment to enter into a contract or agree-
ment with a covered individual, as a condition of em-
ployment or contracting, promotion, compensation, 
benefits, or change in employment status or contrac-
tual relationship, or as a term, condition, or privilege 
of employment or contracting, if that contract or 
agreement contains a nondisparagement clause or 
nondisclosure clause that covers prohibited discrimi-
nation or harassment in employment or contracting, 
or retaliation for reporting, resisting, opposing, or 
assisting in the investigation of such discrimination 
or harassment. 
(2) PROHIBITION ON ENFORCEMENT.—Subject 
to paragraph (3) but notwithstanding any other pro-
vision of law, it shall be an unlawful practice for an 
employer or covered establishment to enforce or at-
tempt to enforce a nondisparagement clause or non-
disclosure clause that covers prohibited discrimina-
tion or harassment in employment or contracting, or 
retaliation for reporting, resisting, opposing, or as-
sisting in the investigation of such discrimination or 
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104 
harassment. An employer or covered establishment 
that enforces or attempts to enforce such a non-
disparagement clause or such a nondisclosure clause 
against a worker shall be liable for the reasonable 
attorney’s fees and costs of the worker. 
(3) SETTLEMENT
OR
SEPARATION
AGREE-
MENTS.— 
(A) IN GENERAL.—The provisions of para-
graphs (1) and (2) do not apply to a nondispar-
agement clause or nondisclosure clause con-
tained in a settlement agreement or separation 
agreement that resolves legal claims or disputes 
if— 
(i) such legal claims accrued or such 
disputes arose before the settlement agree-
ment or separation agreement was exe-
cuted; 
(ii) the clause involved is mutually 
agreed upon by and mutually benefits 
both— 
(I) the employer or covered es-
tablishment, as the case may be; and 
(II) the worker; 
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105 
(iii) the worker’s agreement to such 
clause is knowing and voluntary, as de-
scribed in subparagraph (C); and 
(iv) the settlement agreement or sepa-
ration agreement expressly states that the 
agreement involved does not prohibit, pre-
vent, or otherwise restrict a worker from— 
(I) filing a complaint with the 
Commission, any other Federal, State, 
or local agency with the authority to 
enforce laws (including regulations) 
that prohibit discrimination or harass-
ment in employment or contracting, 
as the case may be, or law enforce-
ment; 
(II) testifying at, assisting, or 
participating in an investigation or 
proceeding conducted by the Commis-
sion, any other Federal, State, or local 
agency with the authority to enforce 
laws (including regulations) that pro-
hibit discrimination or harassment in 
employment or contracting, as the 
case may be, or law enforcement; or 
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106 
(III) testifying in a hearing or 
trial or complying with a request for 
discovery in relation to civil litigation. 
(B) PROHIBITION ON SOLE BENEFIT.—For 
purposes of this paragraph, it shall be an un-
lawful practice for an employer or covered es-
tablishment to unilaterally include a nondispar-
agement clause or nondisclosure clause that 
solely benefits the employer or covered estab-
lishment in a separation or settlement agree-
ment. 
(C) KNOWING
AND
VOLUNTARY
AGREE-
MENT.—For purposes of this paragraph, agree-
ment to a nondisparagement clause or non-
disclosure clause may not be considered know-
ing and voluntary unless at a minimum— 
(i) the nondisparagement clause or 
nondisclosure clause is written in a manner 
designed to ensure that the worker under-
stands the content of the clause involved; 
(ii) the nondisparagement clause or 
nondisclosure clause is included only in ex-
change for consideration of value provided 
to the worker, in addition to anything of 
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107 
value to which the worker is already enti-
tled; 
(iii) the nondisparagement clause or 
nondisclosure clause does not apply to any 
rights or claims that arise after the date 
the settlement or separation agreement is 
executed; 
(iv) the worker is advised in writing to 
consult with an attorney prior to agreeing 
to such an agreement that includes a non-
disparagement clause or nondisclosure 
clause; 
(v) the worker is given a period of at 
least 21 days to consider any proposal for 
a settlement or separation agreement that 
includes a nondisparagement clause or 
nondisclosure clause; and 
(vi) the settlement or separation 
agreement provides that for a period of at 
least 7 days following the execution of such 
agreement the worker may revoke the 
agreement, and the agreement shall not be-
come effective or enforceable until the rev-
ocation period has expired. 
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108 
(D) BURDEN OF PROOF.—In any dispute 
that may arise over whether any of the require-
ments of subparagraph (A) have been met, the 
party asserting the validity of an agreement 
shall have the burden of proving that the re-
quirements of subparagraph (A) have been met. 
(E) PARTICIPATION IN INVESTIGATIONS OR 
PROCEEDINGS.—No nondisparagement clause 
or nondisclosure clause may affect the ability of 
a worker to testify at, assist, or participate in 
an investigation or proceeding conducted by the 
Commission, any Federal, State, or local agency 
with the authority to enforce laws (including 
regulations) that prohibit discrimination in em-
ployment or contracting, as the case may be, or 
a law enforcement agency. 
(F) PROHIBITION
ON
DAMAGES.—Under 
no circumstances shall a worker be required to 
pay damages for breach of a nondisparagement 
clause or nondisclosure clause permitted by this 
paragraph in excess of an amount equal to the 
consideration of value provided to the worker in 
exchange for the workers’ agreement to the 
nondisparagement 
clause 
or 
nondisclosure 
clause. 
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109 
(c) ENFORCEMENT AGAINST EMPLOYERS.— 
(1) ENFORCEMENT POWERS.—With respect to 
the administration and enforcement of this section 
in the case of a claim alleged by a worker against 
an employer for a violation of this section— 
(A) the Commission shall have the same 
powers as the Commission has to administer 
and enforce— 
(i) title VII of the Civil Rights Act of 
1964 (42 U.S.C. 2000e et seq.); or 
(ii) sections 302 and 304 of the Gov-
ernment Employee Rights Act of 1991 (42 
U.S.C. 2000e–16b and 2000e–16c), 
in the case of a claim alleged by an employee 
of the employer for a violation of such title, or 
of section 302(a)(1) of the Government Em-
ployee Rights Act of 1991 (42 U.S.C. 2000e– 
16b(a)(1)), respectively; 
(B) the Librarian of Congress shall have 
the same powers as the Librarian of Congress 
has to administer and enforce title VII of the 
Civil Rights Act of 1964 (42 U.S.C. 2000e et 
seq.) in the case of a claim alleged by an em-
ployee of the employer for a violation of such 
title; 
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110 
(C) the Board (as defined in section 
101(a) of the Congressional Accountability Act 
of 1995 (2 U.S.C. 1301(a))) shall have the 
same powers as the Board has to administer 
and enforce the Congressional Accountability 
Act of 1995 (2 U.S.C. 1301 et seq.) in the case 
of a claim alleged by an employee of the em-
ployer for a violation of section 201(a)(1) of 
such Act (2 U.S.C. 1311(a)(1)); 
(D) the Attorney General shall have the 
same powers as the Attorney General has to ad-
minister and enforce— 
(i) title VII of the Civil Rights Act of 
1964 (42 U.S.C. 2000e et seq.); or 
(ii) sections 302 and 304 of the Gov-
ernment Employee Rights Act of 1991 (42 
U.S.C. 2000e–16b and 2000e–16c), 
in the case of a claim alleged by an employee 
of the employer for a violation of such title, or 
of section 302(a)(1) of the Government Em-
ployee Rights Act of 1991 (42 U.S.C. 2000e– 
16b(a)(1)), respectively; 
(E) the President, the Commission, and 
the Merit Systems Protection Board shall have 
the same powers as the President, the Commis-
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111 
sion, and the Board, respectively, have to ad-
minister and enforce chapter 5 of title 3, 
United States Code, in the case of a claim al-
leged by an employee of the employer for a vio-
lation of section 411 of such title; and 
(F) a court of the United States shall have 
the same jurisdiction and powers as the court 
has to enforce— 
(i) title VII of the Civil Rights Act of 
1964 (42 U.S.C. 2000e et seq.) in the case 
of a claim alleged by an employee of the 
employer for a violation of such title; 
(ii) sections 302 and 304 of the Gov-
ernment Employee Rights Act of 1991 (42 
U.S.C. 2000e–16b and 2000e–16c) in the 
case of a claim alleged by an employee of 
the employer for a violation of section 
302(a)(1) of such Act (42 U.S.C. 2000e– 
16b(a)(1)); 
(iii) the Congressional Accountability 
Act of 1995 (2 U.S.C. 1301 et seq.) in the 
case of a claim alleged by an employee of 
the employer for a violation of section 
201(a)(1) 
of 
such 
Act 
(2 
U.S.C. 
1311(a)(1)); and 
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113 
(D) the procedures and remedies applicable 
for a violation of section 411 of title 3, United 
States Code, in the case of a claim alleged by 
an employee of the employer for a violation of 
such section. 
(3) OTHER APPLICABLE PROVISIONS.—With re-
spect to a claim alleged by an employee described in 
subsection (a)(4)(C) or a covered individual de-
scribed in subsection (a)(3)(A)(iii) for a violation of 
this section, title III of the Congressional Account-
ability Act of 1995 (2 U.S.C. 1381 et seq.) shall 
apply in the same manner as such title applies with 
respect to a claim alleged by such an employee for 
a violation of section 201(a)(1) of such Act (2 
U.S.C. 1311(a)(1)). 
(d) ENFORCEMENT AGAINST COVERED ESTABLISH-
MENTS.— 
(1) ENFORCEMENT POWERS.—With respect to 
the administration and enforcement of this section 
in the case of a claim alleged by a covered individual 
against a covered establishment for a violation of 
this section— 
(A) the Commission shall have the same 
powers as the Commission has to administer 
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114 
and enforce title VII of the Civil Rights Act of 
1964 (42 U.S.C. 2000e et seq.); 
(B) the Attorney General shall have the 
same powers as the Attorney General has to ad-
minister and enforce title VII of the Civil 
Rights Act of 1964; and 
(C) a court of the United States shall have 
the same jurisdiction and powers as the court 
has to enforce title VII of the Civil Rights Act 
of 1964, 
in the case of a claim alleged by an employee de-
scribed in subsection (a)(4)(A) for a violation of 
such title. 
(2) PROCEDURES AND REMEDIES.—The proce-
dures and remedies applicable to a claim alleged by 
a covered individual against the covered establish-
ment for a violation of this section are the proce-
dures and remedies applicable for a violation of title 
VII of the Civil Rights Act of 1964 (42 U.S.C. 
2000e et seq.) in the case of a claim alleged by an 
employee described in subsection (a)(4)(A) for a vio-
lation of such title. 
(e) RIGHT
TO
REPORT
RESERVED.—Notwith-
standing signing (before, on, or after the effective date of 
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115 
this Act) any nondisparagement clause or nondisclosure 
clause, a worker retains— 
(1) any right that person would otherwise have 
had to report a concern about harassment, including 
sexual harassment, in employment or contracting or 
another violation of the law to the Commission, an-
other Federal agency (including an office of the leg-
islative or judicial branch), a State or local fair em-
ployment practices agency or any other State or 
local agency, or a law enforcement agency; and 
(2) any right that person would otherwise have 
had to bring an action in a court of the United 
States. 
(f) REGULATIONS.— 
(1) IN GENERAL.—Except as provided in para-
graphs (2), (3), and (4), the Commission shall have 
authority to issue regulations to carry out this sec-
tion. 
(2) LIBRARIAN OF CONGRESS.—The Librarian 
of Congress shall have authority to issue regulations 
to carry out this section with respect to workers of 
the Library of Congress. 
(3) BOARD.—The Board referred to in sub-
section (c)(1)(C) shall have authority to issue regu-
lations to carry out this section, in accordance with 
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116 
section 304 of the Congressional Accountability Act 
of 1995 (2 U.S.C. 1384), with respect to employees 
described in subsection (a)(4)(C) and covered indi-
viduals described in subsection (a)(3)(A)(iii). 
(4) PRESIDENT.—The President shall have au-
thority to issue regulations to carry out this section 
with respect to employees described in subsection 
(a)(4)(D) and covered individuals described in sub-
section (a)(3)(A)(iv). 
(g) STATE AND FEDERAL IMMUNITY.— 
(1) ABROGATION
OF
STATE
IMMUNITY.—A 
State shall not be immune under the 11th Amend-
ment to the Constitution from a suit brought in a 
Federal court of competent jurisdiction for a viola-
tion of this section. 
(2) WAIVER OF STATE IMMUNITY.— 
(A) IN GENERAL.— 
(i) WAIVER.—A State’s receipt or use 
of Federal financial assistance for any pro-
gram or activity of a State shall constitute 
a waiver of sovereign immunity, under the 
11th Amendment to the Constitution or 
otherwise, to a suit brought by a covered 
individual in that program or activity 
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117 
under this section for a remedy authorized 
under paragraph (4). 
(ii) DEFINITION.—In this subpara-
graph, the term ‘‘program or activity’’ has 
the meaning given the term in section 606 
of the Civil Rights Act of 1964 (42 U.S.C. 
2000d–4a). 
(B) EFFECTIVE DATE.—With respect to a 
particular program or activity, subparagraph 
(A) applies to conduct occurring on or after the 
day, after the date of enactment of this Act, on 
which a State first receives or uses Federal fi-
nancial assistance for that program or activity. 
(3) REMEDIES AGAINST STATE OFFICIALS.—An 
official of a State may be sued in the official capac-
ity of the official by a covered individual who has 
complied with the applicable procedures of sub-
section (c), for equitable relief that is authorized 
under this section. In such a suit the court may 
award to the prevailing party those costs authorized 
by section 722 of the Revised Statutes (42 U.S.C. 
1988). 
(4) REMEDIES AGAINST THE UNITED STATES 
AND THE STATES.—Notwithstanding any other pro-
vision of this Act, in an action or administrative pro-
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118 
ceeding against the United States or a State for a 
violation of this section, remedies (including rem-
edies at law and in equity, and interest) are avail-
able for the violation to the same extent as the rem-
edies are available for a violation of title VII of the 
Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) 
by an employer described in subsection (a)(5)(A), 
except that— 
(A) punitive damages are not available; 
and 
(B) compensatory damages are available to 
the extent specified in section 1977A(b) of the 
Revised Statutes (42 U.S.C. 1981a(b)). 
SEC. 303. PROHIBITION ON MANDATORY ARBITRATION AND 
PROTECTION OF CONCERTED LEGAL ACTION. 
(a) PROTECTION OF CONCERTED ACTIVITY.— 
(1) AGREEMENTS.—Section 8(a) of the Na-
tional Labor Relations Act (29 U.S.C. 158(a)) is 
amended— 
(A) in paragraph (5), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(B) by adding at the end the following: 
‘‘(6)(A) to enter into or attempt to enforce any 
agreement, express or implied, whereby prior to a 
dispute to which the agreement applies, a worker 
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119 
(for purposes of this paragraph, as defined in sec-
tion 401 of title 9, United States Code) undertakes 
or promises not to pursue, bring, join, litigate, or 
support any kind of joint, class, or collective claim 
arising from or relating to the employment of, or 
provision of services by, such worker in any forum 
that, but for such agreement, is of competent juris-
diction; 
‘‘(B) to coerce such worker into undertaking or 
promising not to pursue, bring, join, litigate, or sup-
port any kind of joint, class, or collective claim aris-
ing from or relating to the employment of, or provi-
sion of services by, such worker; or 
‘‘(C) to retaliate or threaten to retaliate against 
a worker for refusing to undertake or promise not 
to pursue, bring, join, litigate, or support any kind 
of joint, class, or collective claim arising from or re-
lating to the employment of, or provision or services 
by, such worker: 
Provided, That any agreement that violates this 
paragraph or results from a violation of this para-
graph shall be to such extent unenforceable and 
void: Provided further, That this paragraph shall not 
apply to any agreement embodied in or expressly 
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120 
permitted by a contract between an employer and a 
labor organization.’’. 
(2) CONFORMING AMENDMENT.—Section 10(b) 
of the National Labor Relations Act (29 U.S.C. 
160(b)) is amended by striking ‘‘discharge’’ and in-
serting ‘‘discharge, or unless the person aggrieved 
thereby is a worker alleging a violation of section 
8(a)(6) whose charge involves a postdispute arbitra-
tion agreement that meets the requirements under 
section 402(a)(2) of title 9, United States Code, in 
which event the six-month period shall be computed 
from the day the waiting period described in sub-
paragraph (C) of such section ends’’. 
(b) ARBITRATION OF WORK DISPUTES.— 
(1) IN GENERAL.—Title 9 of the United States 
Code is amended by adding at the end the following: 
‘‘CHAPTER 4—ARBITRATION OF WORK 
DISPUTES 
‘‘Sec. 
‘‘401. Definitions. 
‘‘402. Validity and enforceability. 
‘‘§ 401. Definitions 
‘‘In this chapter— 
‘‘(1) the terms ‘commerce’, ‘employee’, and ‘em-
ployer’ have the meanings given the terms in section 
3 of the Fair Labor Standards Act of 1938 (29 
U.S.C. 203); 
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121 
‘‘(2) the term ‘covered entity’ means— 
‘‘(A) an employer; or 
‘‘(B) an individual or entity that is not 
acting as an employer and engages the services 
of a worker; 
‘‘(3) the term ‘predispute arbitration agree-
ment’ means any agreement to arbitrate a dispute 
that had not yet arisen at the time of the making 
of the agreement; 
‘‘(4) the term ‘postdispute arbitration agree-
ment’ means any agreement to arbitrate a dispute 
that arose before the time of the making of the 
agreement; 
‘‘(5) the term ‘worker’ means— 
‘‘(A) an employee; or 
‘‘(B) an individual who is engaged by a 
covered entity to perform services or work as an 
independent contractor (regardless of the label 
or classification assigned or used by the covered 
entity); and 
‘‘(6) the term ‘work dispute’— 
‘‘(A) means a dispute between one or more 
workers (or their authorized representatives) 
and a covered entity arising out of or related to 
the work relationship or prospective work rela-
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tionship between the workers and the covered 
entity; and 
‘‘(B) includes, but is not limited to— 
‘‘(i) a dispute regarding the terms of, 
payment for, advertising of, recruitment of, 
referring of, arranging for, or discipline or 
discharge in connection with such work; 
‘‘(ii) a dispute arising under any law 
referred to or described in section 62(e) of 
the Internal Revenue Code of 1986, includ-
ing any part of such a law not explicitly 
referenced in such section that relates to 
protecting individuals on a basis that is 
protected under a law referred to or de-
scribed in such section; and 
‘‘(iii) a dispute in which an individual 
or individuals seek certification— 
‘‘(I) as a class under rule 23 of 
the Federal Rules of Civil Procedure; 
‘‘(II) as a collective action under 
section 16(b) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 
216(b)); or 
‘‘(III) under a comparable rule or 
provision of State law. 
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‘‘§ 402. Validity and enforceability 
‘‘(a) IN GENERAL.—Notwithstanding any other chap-
ter of this title— 
‘‘(1) no predispute arbitration agreement shall 
be valid or enforceable if it requires arbitration of a 
work dispute; 
‘‘(2) no postdispute arbitration agreement that 
requires arbitration of a work dispute shall be valid 
or enforceable unless— 
‘‘(A) the agreement was not required by 
the covered entity, obtained by coercion or 
threat of adverse action, or made a condition of 
employment, work, or any employment-related 
or work-related privilege or benefit; 
‘‘(B) each worker entering into the agree-
ment was informed in writing using sufficiently 
plain language likely to be understood by the 
average worker of— 
‘‘(i) the right of the worker under 
paragraph (3) to refuse to enter the agree-
ment without retaliation; and 
‘‘(ii) the protections under section 
8(a)(6) of the National Labor Relations 
Act (29 U.S.C. 158(a)(6)); 
‘‘(C) each worker entering into the agree-
ment entered the agreement after a waiting pe-
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124 
riod of not fewer than 45 days, beginning on 
the date on which the employee was provided 
both the final text of the agreement and the 
disclosures required under subparagraph (B); 
and 
‘‘(D) each worker entering into the agree-
ment affirmatively consented to the agreement 
in writing; and 
‘‘(3) no covered entity may retaliate or threaten 
to retaliate against a worker for refusing to enter 
into an agreement that provides for arbitration of a 
work dispute. 
‘‘(b) STATUTE OF LIMITATIONS.—During the waiting 
period described in subsection (a)(2)(C), the statute of 
limitations for any claims that arise from or form the basis 
for the applicable work dispute shall be tolled. 
‘‘(c) CIVIL ACTION.—Any person who is injured by 
reason of a violation of subsection (a)(3) may bring a civil 
action in the appropriate district court of the United 
States against the covered entity within 2 years of the vio-
lation, or within 3 years if such violation is willful. Relief 
granted in such an action shall include a reasonable attor-
ney’s fee, other reasonable costs associated with maintain-
ing the action, and any appropriate relief authorized by 
section 706(g) of the Civil Rights Act of 1964 (42 U.S.C. 
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2000e–5(g)) or by section 1977A(b) of the Revised Stat-
utes (42 U.S.C. 1981a(b)). 
‘‘(d) APPLICABILITY.— 
‘‘(1) IN GENERAL.—This chapter applies to cov-
ered entities and workers engaged in activity affect-
ing commerce to the fullest extent permitted by the 
Constitution of the United States, including the 
work of persons engaged in domestic service in 
households, as described in section 2(a) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 202(a)). 
An issue as to whether this chapter applies to an ar-
bitration agreement shall be determined under Fed-
eral law. The applicability of this chapter to an 
agreement to arbitrate and the validity and enforce-
ability of an agreement to which this chapter applies 
shall be determined by a court, rather than an arbi-
trator, regardless of whether any contractual provi-
sion purports to delegate such determinations to the 
arbitrator and irrespective of whether the party re-
sisting arbitration challenges the arbitration agree-
ment specifically or in conjunction with other terms 
of the contract containing such agreement. 
‘‘(2) COLLECTIVE BARGAINING AGREEMENTS.— 
Nothing in this chapter shall apply to any arbitra-
tion provision in a contract between a covered entity 
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and a labor organization, except that no such arbi-
tration provision shall have the effect of waiving the 
right of a worker to seek judicial enforcement of a 
right arising under a provision of the Constitution of 
the United States, the constitution of a State, or a 
Federal or State statute, or public policy arising 
therefrom.’’. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.— 
(A) IN GENERAL.—Title 9 of the United 
States Code is amended— 
(i) in section 1, by striking ‘‘of sea-
men,’’ and all that follows through ‘‘inter-
state commerce’’; 
(ii) in section 2, by inserting ‘‘or as 
otherwise provided in chapter 4’’ before the 
period at the end; 
(iii) in section 208— 
(I) in the section heading, by 
striking ‘‘Chapter 1; residual 
application’’ and inserting ‘‘Ap-
plication’’; and 
(II) by adding at the end the fol-
lowing: ‘‘This chapter applies to the 
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127 
extent that this chapter is not in con-
flict with chapter 4.’’; and 
(iv) in section 307— 
(I) in the section heading, by 
striking ‘‘Chapter 1; residual 
application’’ and inserting ‘‘Ap-
plication’’; and 
(II) by adding at the end the fol-
lowing: ‘‘This chapter applies to the 
extent that this chapter is not in con-
flict with chapter 4.’’. 
(B) TABLE OF SECTIONS.— 
(i) CHAPTER 2.—The table of sections 
for chapter 2 of title 9, United States 
Code, is amended by striking the item re-
lating to section 208 and inserting the fol-
lowing: 
‘‘208. Application.’’. 
(ii) CHAPTER
3.—The table of sec-
tions for chapter 3 of title 9, United States 
Code, is amended by striking the item re-
lating to section 307 and inserting the fol-
lowing: 
‘‘307. Application.’’. 
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(C) TABLE OF CHAPTERS.—The table of 
chapters for title 9, United States Code, is 
amended by adding at the end the following: 
‘‘4. Arbitration of work disputes ..............................................................
401.’’. 
(c) EFFECTIVE DATE.—This section, and the amend-
ments made by this section, shall take effect on the date 
of enactment of this Act and shall apply with respect to 
any dispute or claim that arises or accrues on or after 
such date, including any dispute or claim to which an 
agreement predating such date applies. 
SEC. 304. FEDERAL CONTRACTOR COMPLIANCE WITH CIVIL 
RIGHTS LAWS. 
(a) DEFINITIONS.—In this section: 
(1) COVERED CONTRACT.—The term ‘‘covered 
contract’’ means a Federal contract for the procure-
ment of property or services, including construction, 
valued in excess of $500,000. 
(2) COVERED SUBCONTRACT.—The term ‘‘cov-
ered subcontract’’— 
(A) means a subcontract for property or 
services under a Federal contract that is valued 
in excess of $500,000; and 
(B) does not include a subcontract for the 
procurement of commercially available off-the- 
shelf items. 
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129 
(3) EXECUTIVE AGENCY.—The term ‘‘executive 
agency’’ has the meaning given the term in section 
133 of title 41, United States Code. 
(b) REQUIRED PRE-CONTRACT AWARD ACTIONS.— 
(1) DISCLOSURES.—The head of an executive 
agency shall ensure that the solicitation for a cov-
ered contract requires the offeror— 
(A) to represent, to the best of the 
offeror’s knowledge and belief, whether there 
has been any administrative merits determina-
tion, arbitral award or decision, or civil judg-
ment, as defined in guidance issued by the Sec-
retary of Labor, rendered against the offeror in 
the preceding 3 years for violations of— 
(i) the Fair Labor Standards Act of 
1938 (29 U.S.C. 201 et seq.); 
(ii) the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 651 et 
seq.); 
(iii) the Migrant and Seasonal Agri-
cultural Worker Protection Act (29 U.S.C. 
1801 et seq.); 
(iv) the National Labor Relations Act 
(29 U.S.C. 151 et seq.); 
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131 
(xv) Executive Order 13658 (79 Fed. 
Reg. 9851; relating to establishing a min-
imum wage for contractors); or 
(xvi) equivalent State laws, as defined 
in guidance issued by the Secretary of 
Labor; 
(B) to require each subcontractor for a 
covered subcontract— 
(i) to represent to the offeror, and the 
entity designated by the final rule reissued 
under subsection (e)(1), to the best of the 
subcontractor’s 
knowledge 
and 
belief, 
whether there has been any administrative 
merits determination, arbitral award or de-
cision, or civil judgment, as defined in 
guidance issued by the Secretary of Labor, 
rendered against the subcontractor in the 
preceding 3 years for violations of any of 
the labor laws listed under subparagraph 
(A); and 
(ii) to update such information every 
6 months for the duration of the sub-
contract; and 
(C) to consider the advice rendered by the 
entity designated by the final rule reissued 
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under subsection (e)(1), or information sub-
mitted by a subcontractor pursuant to subpara-
graph (B), in determining whether the subcon-
tractor is a responsible source with a satisfac-
tory record of integrity and business ethics— 
(i) prior to awarding the subcontract; 
or 
(ii) in the case of a subcontract that 
is awarded or will become effective within 
5 days of the prime contract being award-
ed, not later than 30 days after awarding 
the subcontract. 
(2) PRE-AWARD CORRECTIVE MEASURES.— 
(A) IN GENERAL.—A contracting officer, 
prior to awarding a covered contract, shall, as 
part of the responsibility determination, provide 
an offeror who makes a disclosure pursuant to 
paragraph (1) an opportunity to report any 
steps taken to correct the violations of or im-
prove compliance with the labor laws listed in 
subparagraph (A) of such paragraph, including 
any agreements entered into with an enforce-
ment agency. 
(B) CONSULTATION.—The executive agen-
cy’s Labor Compliance Advisor designated 
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133 
under subsection (d), in consultation with rel-
evant enforcement agencies, shall advise the 
contracting officer whether agreements are in 
place or are otherwise needed to address appro-
priate remedial measures, compliance assist-
ance, steps to resolve issues to avoid further 
violations, or other related matters concerning 
the offeror. 
(C) RESPONSIBILITY
DETERMINATION.— 
The contracting officer, in consultation with the 
executive agency’s Labor Compliance Advisor 
designated under subsection (d), shall consider 
information provided by the offeror under this 
subsection in determining whether the offeror is 
a responsible source with a satisfactory record 
of integrity and business ethics. The determina-
tion shall be based on the guidance reissued 
under subsection (e)(2)(A) and the final rule 
reissued under subsection (e)(1). 
(3) REFERRAL OF INFORMATION TO SUSPEN-
SION AND DEBARMENT OFFICIALS.—As appropriate, 
contracting officers, in consultation with their execu-
tive agency’s Labor Compliance Advisor, shall refer 
matters related to information provided under sub-
paragraphs (A) and (B) of paragraph (1) to the ex-
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134 
ecutive agency’s suspension and debarment official 
in accordance with agency procedures. 
(c) POST-AWARD CONTRACT ACTIONS.— 
(1) INFORMATION UPDATES.—The contracting 
officer for a covered contract shall require that the 
contractor update the information provided under 
subparagraphs (A) and (B) of subsection (b)(1) 
every 6 months. 
(2) CORRECTIVE ACTIONS.— 
(A) PRIME
CONTRACT.—The contracting 
officer, in consultation with the Labor Compli-
ance Advisor designated pursuant to subsection 
(d), shall determine whether any information 
provided under paragraph (1) warrants correc-
tive action. Such action may include— 
(i) an agreement requiring appro-
priate remedial measures; 
(ii) compliance assistance; 
(iii) resolving issues to avoid further 
violations; 
(iv) the decision not to exercise an op-
tion on a contract or to terminate the con-
tract; or 
(v) referral to the agency suspending 
and debarring official. 
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135 
(B) SUBCONTRACTS.—The prime con-
tractor for a covered contract, in consultation 
with the Labor Compliance Advisor, shall deter-
mine whether any information provided under 
subsection (b)(1)(B) warrants corrective action, 
including remedial measures, compliance assist-
ance, and resolving issues to avoid further viola-
tions. 
(C) DEPARTMENT OF LABOR.—The Sec-
retary of Labor shall, as appropriate, inform 
executive agencies of its investigations of con-
tractors and subcontractors on current Federal 
contracts for purposes of determining the ap-
propriateness of actions described under sub-
paragraphs (A) and (B). 
(d) LABOR COMPLIANCE ADVISORS.— 
(1) IN GENERAL.—Each executive agency shall 
designate a senior official to act as the agency’s 
Labor Compliance Advisor. 
(2) DUTIES.—The Labor Compliance Advisor 
shall— 
(A) meet quarterly with the Deputy Sec-
retary, Deputy Administrator, or equivalent ex-
ecutive agency official with regard to matters 
covered under this section; 
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136 
(B) work with the acquisition workforce, 
agency officials, and agency contractors to pro-
mote greater awareness and understanding of 
the requirements of the labor laws listed in sub-
section (b)(1)(A), including record keeping, re-
porting, and notice requirements, as well as 
best practices for obtaining compliance with 
these requirements; 
(C) coordinate assistance for executive 
agency contractors seeking help in addressing 
and preventing violations of such laws; 
(D) in consultation with the Secretary of 
Labor or other relevant enforcement agencies, 
and pursuant to subsection (b)(2) as necessary, 
provide assistance to contracting officers re-
garding appropriate actions to be taken in re-
sponse to violations of the labor laws listed in 
subsection (b)(1)(A) identified prior to or after 
contracts are awarded, and address complaints 
in a timely manner, by— 
(i) providing assistance to contracting 
officers and other executive agency officials 
in reviewing the information provided 
under paragraphs (1) and (2) of subsection 
(b) and subsection (c)(1), or other infor-
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137 
mation indicating such a violation, in order 
to assess the serious, repeated, willful, or 
pervasive nature of any such violation and 
evaluate steps contractors have taken to 
correct such violations or improve compli-
ance with relevant requirements; 
(ii) helping agency officials determine 
the appropriate response to address viola-
tions of the labor laws listed in subsection 
(b)(1)(A) or other information indicating 
such a violation (particularly a serious, re-
peated, willful, or pervasive violation), in-
cluding an agreement requiring appro-
priate remedial measures, a decision not to 
award a contract or exercise an option on 
a contract, contract termination, or a re-
ferral to the executive agency suspension 
and debarment official; 
(iii) providing assistance to appro-
priate executive agency officials in receiv-
ing and responding to, or making referrals 
of, complaints alleging violations by agency 
contractors and subcontractors of the labor 
laws listed in subsection (b)(1)(A); and 
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(iv) supporting contracting officers, 
suspension and debarment officials, and 
other agency officials in the coordination of 
actions taken pursuant to this subsection 
to ensure agency-wide consistency, to the 
extent practicable; 
(E) as appropriate, send information to 
agency suspension and debarment officials in 
accordance with agency procedures; 
(F) consult with the agency’s Chief Acqui-
sition Officer and Senior Procurement Execu-
tive, and the Department of Labor as nec-
essary, in the development of regulations, poli-
cies, and guidance addressing compliance by 
contractors and subcontractors with the labor 
laws listed in subsection (b)(1)(A); 
(G) make recommendations to the agency 
to strengthen agency management of contractor 
compliance with such labor laws; 
(H) publicly report, on an annual basis, a 
summary of agency actions taken to promote 
greater compliance with such laws, including 
the agency’s response under this section to seri-
ous, repeated, willful, or pervasive violations of 
such laws; and 
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(I) participate in the interagency meetings 
regularly convened by the Secretary of Labor 
under subsection (e)(2)(B)(iii). 
(e) MEASURES TO ENSURE GOVERNMENT-WIDE 
CONSISTENCY.— 
(1) FEDERAL ACQUISITION REGULATION.— 
(A) IN GENERAL.—Notwithstanding Public 
Law 115–11 (131 Stat. 75) and section 553 of 
title 5, United States Code, not later than 1 
year after the date of enactment of this Act, the 
Secretary of Defense, the Administrator of the 
General Services Administration, and the Ad-
ministrator of the National Aeronautics and 
Space Administration shall reissue the final rule 
entitled ‘‘Federal Acquisition Regulation; Fair 
Pay and Safe Workplaces’’ (81 Fed. Reg. 
58,562 (Aug. 25, 2016)), subject to subpara-
graph (B). 
(B) UPDATED DATES.—The agencies de-
scribed in subparagraph (A) may, in reissuing 
the final rule under such subparagraph, update 
any date provided in such final rule as reason-
able and necessary. 
(2) DEPARTMENT OF LABOR.— 
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140 
(A) GUIDANCE.—Not later than 1 year 
after the date of enactment of this Act, the Sec-
retary of Labor shall reissue the guidance enti-
tled ‘‘Guidance for Executive Order 13673, 
‘Fair Pay and Safe Workplaces’ ’’ (81 Fed. 
Reg. 58,654 (Aug. 25, 2016)). In reissuing 
such guidance, the Secretary of Labor may up-
date any date provided in such guidance as rea-
sonable. 
(B) ADDITIONAL
ACTIVITIES.—The Sec-
retary of Labor shall— 
(i) develop a process— 
(I) for the Labor Compliance Ad-
visors designated pursuant to sub-
section (d) to consult with the Sec-
retary of Labor in carrying out their 
responsibilities 
under 
subsection 
(d)(2)(D); 
(II) by which contracting officers 
and Labor Compliance Advisors may 
give appropriate consideration to de-
terminations and agreements made by 
the Secretary of Labor and the heads 
of other executive agencies; and 
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(III) by which contractors may 
enter into agreements with the Sec-
retary of Labor, or the head of an-
other executive agency, prior to being 
considered for a contract; 
(ii) review data collection require-
ments and processes, and work with the 
Director of the Office of Management and 
Budget, the Administrator of General 
Services, and other agency heads to im-
prove such requirements and processes, as 
necessary, to reduce the burden on con-
tractors and increase the amount of infor-
mation available to executive agencies; 
(iii) regularly convene interagency 
meetings of Labor Compliance Advisors to 
share and promote best practices for im-
proving labor law compliance; and 
(iv) designate an appropriate contact 
for executive agencies seeking to consult 
with the Secretary of Labor with respect to 
the requirements and activities under this 
section. 
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142 
(3) OFFICE OF MANAGEMENT AND BUDGET.— 
The Director of the Office of Management and 
Budget shall— 
(A) work with the Administrator of Gen-
eral Services to include in the Federal Awardee 
Performance and Integrity Information System 
the information provided by contractors pursu-
ant to subsections (b)(1)(A) and (c)(1) and 
data on the resolution of any issues related to 
such information; and 
(B) designate an appropriate contact for 
agencies seeking to consult with the Office of 
Management and Budget on matters arising 
under this section. 
(4) GENERAL SERVICES ADMINISTRATION.— 
(A) IN GENERAL.—The Administrator of 
General Services, in consultation with other rel-
evant executive agencies, shall establish a single 
Internet website for Federal contractors to use 
for all Federal contract reporting requirements 
under this section, as well as any other Federal 
contract reporting requirements to the extent 
practicable. 
(B) AGENCY COOPERATION.—The heads of 
executive agencies with covered contracts shall 
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provide the Administrator of General Services 
with the data necessary to maintain the Inter-
net website established under subparagraph 
(A). 
(5) MINIMIZING COMPLIANCE BURDEN.—After 
reissuing the guidance under paragraph (2)(A) or 
the final rule under paragraph (1), the Secretary of 
Labor or the Secretary of Defense, the Adminis-
trator of the General Services Administration, and 
the Administrator of the National Aeronautics and 
Space Administration may, respectively, amend such 
guidance or final rule consistent with the require-
ments under chapter 5 of title 5, United States 
Code. 
(f) IMPLEMENTING REGULATIONS.—Not later than 9 
months after the date of enactment of this Act, the Fed-
eral Acquisition Regulatory Council shall amend the Fed-
eral Acquisition Regulation to carry out the provisions of 
this section. 
(g) RULES OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed as— 
(1) impairing or otherwise affecting the author-
ity granted by law to an executive agency or the 
head thereof; or 
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144 
(2) impairing or otherwise affecting the func-
tions of the Director of the Office of Management 
and Budget relating to budgetary, administrative, or 
legislative proposals. 
TITLE IV—NATIONWIDE GRANTS 
TO PREVENT AND RESPOND 
TO 
WORKPLACE 
HARASS-
MENT 
SEC. 401. DEFINITIONS. 
In this title: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Equal Employment Opportunity Commis-
sion. 
(2) EMPLOYEE.—The term ‘‘employee’’ has the 
meaning given the term in section 302(a)(4). 
(3) EMPLOYMENT DISCRIMINATION.—The term 
‘‘employment discrimination’’ means discrimination 
that is in violation of applicable Federal, State, or 
local employment law, including: 
(A) Title VII of the Civil Rights Act of 
1964 (42 U.S.C. 2000e et seq.). 
(B) The Government Employee Rights Act 
of 1991 (42 U.S.C. 2000e–16a et seq.). 
(C) The Congressional Accountability Act 
of 1995 (2 U.S.C. 1301 et seq.). 
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(D) Subchapter II of chapter 5 of title 3, 
United States Code. 
(E) The Age Discrimination in Employ-
ment Act of 1967 (29 U.S.C. 621 et seq.). 
(F) Title I and section 503 (for violations 
with respect to that title) of the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12111 et 
seq., 12203). 
(G) Sections 501 and 505 of the Rehabili-
tation Act of 1973 (29 U.S.C. 791, 794a). 
(H) Section 6(d) of the Fair Labor Stand-
ards Act of 1938 (commonly known as the 
‘‘Equal Pay Act of 1963’’) (29 U.S.C. 206(d)). 
(I) Title II of the Genetic Information 
Nondiscrimination Act of 2008 (42 U.S.C. 
2000ff et seq.). 
(J) Section 4311 of title 38, United States 
Code. 
(K) Other Federal, State, or local employ-
ment law. 
(4) WORKER.—The term ‘‘worker’’ has the 
meaning given the term in section 302(a)(7). 
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Subtitle A—National Grants for 
Preventing and Addressing Em-
ployment 
Discrimination, 
In-
cluding Harassment 
SEC. 411. DEFINITIONS. 
In this subtitle: 
(1) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Women’s Bureau of the Depart-
ment of Labor. 
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means any of the following: 
(A) A nonprofit organization, including a 
community-based organization, nonprofit legal 
aid organization, or labor organization, that 
provides services and support to workers, in-
cluding by assisting workers in filing charges of 
employment discrimination. 
(B) An institution of higher education, as 
defined in section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001). 
SEC. 412. GRANTS. 
(a) GRANTS.—The Director, in consultation with the 
Commission, shall award grants under this section, on a 
competitive basis, to eligible entities to assist such entities 
in carrying out a program for preventing and addressing 
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employment 
discrimination, 
including 
harassment, 
through activities authorized under subsection (b). 
(b) USE OF FUNDS.— 
(1) PERMISSIBLE ACTIVITIES.—A grant award-
ed under this section shall be used for activities to 
prevent and address employment discrimination, in-
cluding harassment, which may include— 
(A) educating workers about their rights 
related to harassment in employment under 
Federal, State, and local civil rights, labor, and 
employment laws; 
(B) educating employers about their obli-
gations to prevent and address harassment in 
employment under Federal, State, and local 
civil rights, labor, and employment laws; 
(C) providing assistance to workers in 
bringing complaints of employment discrimina-
tion, including filing charges of harassment; 
(D) establishing networks for education, 
communication, and participation in the work-
place and community; 
(E) monitoring employer compliance with 
Federal, State, and local civil rights, labor, and 
employment laws; 
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(F) recruiting and hiring of staff and vol-
unteers; and 
(G) any other activity the Director, in con-
sultation with the Commission, may reasonably 
prescribe for the purpose of preventing and ad-
dressing employment discrimination, including 
harassment. 
(2) PROHIBITED ACTIVITIES.—Notwithstanding 
paragraph (1), an eligible entity receiving a grant 
under this section may not use the grant funds for 
any purpose reasonably prohibited by the Director, 
in consultation with the Commission, through notice 
and comment rulemaking. 
(c) TERM OF GRANTS.—Each grant awarded under 
this section shall be available for expenditure for a period 
not to exceed 3 years. 
(d) APPLICATIONS.— 
(1) IN GENERAL.—An eligible entity seeking a 
grant under this section shall submit an application 
for such grant to the Director in accordance with 
this subsection. 
(2) PARTNERSHIPS.—Multiple eligible entities 
may submit a joint application under this subsection 
that designates a single entity as the lead entity for 
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the purposes of receiving and disbursing funds re-
ceived through a grant under this section. 
(3) CONTENTS.—An application under this sub-
section shall include— 
(A) a description of a plan for the program 
that the eligible entity proposes to carry out 
with a grant under this section, including a 
long-term strategy and detailed implementation 
plan; 
(B) information on the prevalence of viola-
tions of prohibitions on employment discrimina-
tion, including harassment, under Federal, 
State, and local civil rights, labor, and employ-
ment laws in the population served by the eligi-
ble entity; 
(C) information on any industry or geo-
graphic area targeted by the plan for such pro-
gram; 
(D) information on the type of outreach 
and relationship building that will be conducted 
under such program; 
(E) information on the training and edu-
cation that will be provided to workers and em-
ployers under such program; and 
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(F) the method by which the eligible entity 
will measure the results of such program. 
(e) SELECTION.— 
(1) COMPETITIVE BASIS.—In accordance with 
this section, the Director, in consultation with the 
Commission, shall, on a competitive basis, select 
grant recipients from among eligible entities that 
have submitted an application meeting the require-
ments under subsection (d). 
(2) PRIORITY.—The Director, in consultation 
with the Commission, in selecting grant recipients 
under paragraph (1), shall give priority to eligible 
entities that— 
(A) serve workers in any industry or geo-
graphic area that is most highly at risk for em-
ployment discrimination, including harassment, 
as identified by the Director, in consultation 
with the Commission; and 
(B) demonstrate past and ongoing work to 
prevent employment discrimination, including 
harassment. 
(f) PERFORMANCE EVALUATIONS.— 
(1) IN GENERAL.—Each grant recipient under 
this section shall develop procedures for reporting, 
monitoring, measuring, and evaluating the activities 
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of each program or activity funded under this sec-
tion. 
(2) GUIDELINES.—The procedures required 
under paragraph (1) shall be in accordance with 
guidelines established by the Director, in consulta-
tion with the Commission. 
SEC. 413. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Direc-
tor such sums as may be necessary to carry out this sub-
title. 
Subtitle B—Grants for Legal Assist-
ance for Low-Income Workers 
SEC. 421. DEFINITIONS. 
In this subtitle: 
(1) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Labor. 
(2) COVERED CLIENT.—The term ‘‘covered cli-
ent’’ means an individual who— 
(A) is an eligible client; and 
(B) faces legal issues related to employ-
ment discrimination, including harassment. 
(3) ELIGIBLE CLIENT.—The term ‘‘eligible cli-
ent’’ has the meaning given the term in section 1002 
of the Legal Services Corporation Act (42 U.S.C. 
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2996a) and the regulations of the Legal Services 
Corporation. 
(4) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a nonprofit organization; and 
(B) an individual who is licensed to prac-
tice law. 
SEC. 422. GRANTS FOR CIVIL LEGAL NEEDS RELATED TO 
EMPLOYMENT DISCRIMINATION. 
(a) GRANTS AUTHORIZED.— 
(1) IN GENERAL.—The Secretary is authorized 
to provide financial assistance to eligible entities to 
enable those eligible entities to provide for the civil 
legal needs of covered clients that are related to em-
ployment discrimination, and to provide for those cli-
ents such other services as are necessary to carry 
out the purposes of this subtitle, including any of 
the following activities: 
(A) Providing covered clients advice, legal 
services, or representation. 
(B) Assisting covered clients in utilizing 
the Commission employment discrimination 
complaint process. 
(C) Assisting covered clients in utilizing a 
private employment complaint process. 
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(D) Conducting outreach activities to pub-
licize the services offered under this section. 
(2) CITIZENSHIP
STATUS.—An eligible entity 
receiving a grant under this section shall provide 
services to a covered client without regard to the 
citizenship status or authorization to work of the 
covered client. 
(b) APPLICATION.—In order to be eligible to receive 
a grant under this section, an eligible entity shall submit 
an application to the Secretary at such time and in such 
manner as the Secretary may require. Such application 
shall include— 
(1) a description of the services that the eligible 
entity proposes to provide, implement, improve, or 
expand; 
(2) a description of the covered clients the eligi-
ble entity intends to serve; 
(3) evidence of the eligible entity’s capacity to 
provide services to covered clients with legal issues 
related to employment discrimination, such as the el-
igible entity’s record of success representing eligible 
clients in employment-related legal matters, or the 
eligible entity’s prior experience serving clients who 
cannot afford legal counsel; 
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(4) an explanation of how the services the eligi-
ble entity intends to provide will assist covered cli-
ents in addressing legal issues related to employment 
discrimination; and 
(5) any other information that the Secretary 
may require. 
(c) AWARD BASIS.—The Secretary shall, in consulta-
tion with the Legal Services Corporation, award and over-
see grants under this section pursuant to such procedures 
and criteria as the Secretary may require. Such proce-
dures and criteria shall include consideration of— 
(1) whether the eligible entity has demonstrated 
an understanding of the legal needs of covered cli-
ents; 
(2) the eligible entity’s capacity to provide serv-
ices to covered clients with legal issues related to 
employment discrimination, which may be dem-
onstrated through evidence described in subsection 
(b)(3); 
(3) the eligible entity’s knowledge of applicable 
Federal, State, and local employment laws; 
(4) the eligible entity’s capacity and ability to 
access other resources; 
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(5) the eligible entity’s ability to ensure con-
tinuity of service to covered clients with pending 
legal issues; and 
(6) other factors that the Secretary determines 
are relevant. 
(d) EQUITABLE DISTRIBUTION.—To the extent prac-
ticable, in awarding grants under this section, the Sec-
retary, in consultation with the Legal Services Corpora-
tion, shall ensure that grants are made so as to provide 
the most economical and effective delivery of legal assist-
ance to covered clients in both urban and rural areas, with 
consideration of the geographic distribution of persons in 
poverty. 
(e) DURATION OF THE GRANT.— 
(1) IN GENERAL.—A grant under this section 
shall be for a term of not less than 1 year and not 
more than 5 years. 
(2) RENEWAL.—The Secretary may renew a 
grant awarded under this section for a period of not 
more than 2 additional years if the eligible entity 
demonstrates that the eligible entity is effectively 
using funds and that the renewal of funds will allow 
the eligible entity to scale up the provision of serv-
ices, replicate the program, or provide continuity of 
service to covered clients. 
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(f) REPORT.—Two years after the enactment of this 
section, the Secretary shall provide 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 implementation of the 
grant program under this section, including— 
(1) a description of the services provided using 
grant assistance under this section, including a de-
tailed description of the types of legal issues ad-
dressed by eligible entities and the number of cov-
ered clients served; and 
(2) an assessment of the number of individuals 
facing one or more legal issues related to employ-
ment discrimination who cannot afford adequate 
legal counsel, and the largest areas of unmet need. 
SEC. 423. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out 
this subtitle such sums as may be necessary. 
Subtitle C—Grants for a System of 
State Advocacy 
SEC. 431. PURPOSE. 
The purpose of this subtitle is to provide allotments 
to support a system of advocacy (referred to in this sub-
title as a ‘‘system’’) in each State to protect the legal and 
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human rights of workers in accordance with applicable 
Federal, State, and local employment discrimination laws. 
SEC. 432. DEFINITIONS. 
In this subtitle: 
(1) RECORD.—The term ‘‘record’’ includes— 
(A) a report prepared by an employer or 
staff person charged with investigating reports 
of employment discrimination that describes in-
cidents of possible discrimination and the steps 
taken to investigate those incidents; 
(B) statistical information related to em-
ployment decisions and the race, sex (including 
sexual orientation and gender identity), religion, 
national origin, age, disability, genetic informa-
tion, or other protected characteristics of work-
ers; 
(C) records described in section 11(c) of 
the Fair Labor Standards Act (29 U.S.C. 
211(c)); and 
(D) any such similar record, as may be 
necessary to carry out the purposes of this sub-
title. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Labor. 
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(3) STATE.—The term ‘‘State’’, except as oth-
erwise provided, includes, in addition to each of the 
several States of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, the 
United States Virgin Islands, Guam, American 
Samoa, and the Commonwealth of the Northern 
Mariana Islands. 
SEC. 433. ALLOTMENTS AND PAYMENTS. 
(a) ALLOTMENTS.— 
(1) IN GENERAL.—To assist States in meeting 
the requirements of section 434, the Secretary shall 
make allotments to States from the amounts appro-
priated under section 436 and not reserved under 
paragraph (5). 
(2) MINIMUM
ALLOTMENTS.—In any case in 
which— 
(A) the total amount appropriated under 
section 436 for a fiscal year is not less than 
$20,000,000, the allotment under paragraph 
(1) for such fiscal year— 
(i) to each of American Samoa, 
Guam, the United States Virgin Islands, 
and the Commonwealth of the Northern 
Mariana Islands may not be less than 
$100,000; and 
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(ii) to any State not described in 
clause (i) may not be less than $200,000; 
and 
(B) the total amount appropriated under 
section 436 for a fiscal year is less than 
$20,000,000, the allotment under paragraph 
(1) for such fiscal year— 
(i) to each of American Samoa, 
Guam, the United States Virgin Islands, 
and the Commonwealth of the Northern 
Mariana Islands may not be less than 
$50,000; and 
(ii) to any State not described in 
clause (i) may not be less than $150,000. 
(3) REDUCTION
OF
ALLOTMENT.—Notwith-
standing paragraphs (1) and (2), if the aggregate of 
the amounts to be allotted to the States pursuant to 
such paragraphs for any fiscal year exceeds the total 
amount appropriated for such allotments under sec-
tion 436 for such fiscal year, the amount to be allot-
ted to each State for such fiscal year shall be pro-
portionately reduced. 
(4) INCREASE IN ALLOTMENTS.—If the sum ap-
propriated under section 436 and not reserved under 
paragraph (5) for any fiscal year exceeds the aggre-
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gate of the minimum allotments for all States under 
this subsection for that fiscal year, such excess 
amount shall be allotted among the States, including 
American Samoa, Guam, the United States Virgin 
Islands, and the Commonwealth of the Northern 
Mariana Islands, so as to increase proportionately 
the minimum allotment for each such State. 
(5) TECHNICAL ASSISTANCE.—In any case in 
which the total amount appropriated under section 
436 for a fiscal year is more than $24,500,000, the 
Secretary shall— 
(A) use not more than 2 percent of the 
amount appropriated to provide technical assist-
ance to eligible systems with respect to activi-
ties carried out under this subtitle (consistent 
with requests by such systems for such assist-
ance for the year); and 
(B) provide a grant in accordance with sec-
tion 434(d) and in an amount described in 
paragraph (2)(A)(i), to an American Indian 
consortium to provide protection and advocacy 
services. 
(6) REALLOTMENTS.— 
(A) IN GENERAL.—If the Secretary deter-
mines that an amount of an allotment to a 
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State for a period (of a fiscal year or longer) 
will not be required by the State during the pe-
riod for the purpose for which the allotment 
was made, the Secretary shall reallot the 
amount. 
(B) TIMING.—The Secretary may make 
such a reallotment from time to time, on such 
date as the Secretary may fix, but not earlier 
than 30 days after the Secretary has published 
notice of the intention of the Secretary to make 
the reallotment in the Federal Register. 
(C) AMOUNTS.—The Secretary shall reallot 
the amount to other States with respect to 
which the Secretary has not made that deter-
mination. The Secretary shall reallot the 
amount in proportion to the original allotments 
of the other States for such fiscal year, but 
shall reduce such proportionate amount for any 
of the other States to the extent the propor-
tionate amount exceeds the sum that the Sec-
retary estimates the State needs and will be 
able to use during such period. 
(D) REALLOTMENT OF REDUCTIONS.—The 
Secretary shall similarly reallot the total of the 
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reductions among the States whose propor-
tionate amounts were not so reduced. 
(E) TREATMENT.—Any amount reallotted 
to a State under this subsection for a fiscal 
year shall be deemed to be a part of the allot-
ment of the State under paragraph (1) for such 
fiscal year. 
(b) PAYMENT TO SYSTEMS.—The Secretary shall pay 
directly to each State that has a system in the State that 
complies with the provisions of this subtitle the amount 
of the allotment made for the State under this section, 
unless the system specifies otherwise, to be used in sup-
port of the system. 
(c) UNOBLIGATED FUNDS.—Any amount paid to a 
State under this subtitle for a fiscal year and remaining 
unobligated at the end of such year shall remain available 
to such State for the next fiscal year, for the purposes 
for which such amount was paid. 
SEC. 434. SYSTEM REQUIRED. 
(a) IN GENERAL.—In order for a State to receive an 
allotment under this subtitle the State shall— 
(1) have in effect a system to protect and advo-
cate for the rights of workers within the State who 
are or who may be eligible for relief from applicable 
employment discrimination laws; and 
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(2) designate a private nonprofit entity (re-
ferred to in this subtitle as an ‘‘agency’’) to support 
and carry out the activities of that system. 
(b) AGENCY REQUIREMENTS.— 
(1) CHARACTERISTICS OF AGENCY.—The State 
shall ensure that the agency designated under sub-
section (a) shall— 
(A) not be administered by the State, or 
an agency or instrumentality of a State; and 
(B) be independent of any entity that rep-
resents the interest of the State, employers, or 
other corporations. 
(2) NO
REDESIGNATION
OF
AGENCY.—The 
agency implementing the system shall not be redes-
ignated unless— 
(A) there is good cause for the redesigna-
tion; 
(B) the State has given the agency notice 
of the intention to make such redesignation, in-
cluding notice regarding the good cause for 
such redesignation, and given the agency an op-
portunity to respond to the assertion that good 
cause has been shown; 
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(C) the agency has given timely notice of 
the intended redesignation directly to clients of 
the agency; 
(D) the State has provided, in plain 
English and in accessible formats for individ-
uals with disabilities and for individuals who 
primarily speak a language other than English, 
an opportunity for public comment; and 
(E) the agency has an opportunity to ap-
peal the redesignation to the Secretary, on the 
basis that the redesignation was not for good 
cause. 
(3) COSTS OF NOTICE.—The costs of the notice 
required under paragraph (2)(C) shall be paid by 
the State. 
(c) SYSTEM REQUIRED.—The system described in 
subsection (a) shall— 
(1) have the authority to— 
(A) pursue legal, administrative, and other 
appropriate remedies or approaches, as applica-
ble, to ensure the protection of, and advocacy 
for, the rights of individuals within the State 
who are or who may be eligible for relief from 
employment discrimination; and 
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(B) provide information on and referral to 
programs and services addressing the needs of 
such individuals; 
(2) have the authority— 
(A) to investigate incidents of employment 
discrimination, including harassment, and to 
conduct investigations of systemic employment 
discrimination, of such individuals if the inci-
dents are reported to the agency or if there is 
probable cause to believe that the incidents oc-
curred; and 
(B) to investigate and gather data in the 
same manner as the Secretary under section 
11(a) of the Fair Labor Standards Act (29 
U.S.C. 211(a)); 
(3) on an annual basis, develop, submit to the 
Secretary, and take action with regard to goals and 
priorities developed through data driven strategic 
planning for the system’s activities; 
(4) on an annual basis, provide to the public, 
including individuals described in paragraph (1)(A), 
the regional office of the Commission that serves the 
State, and any State agency whose purpose is to re-
duce or eliminate employment discrimination, an op-
portunity to comment on— 
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(A) the goals and priorities established by 
the agency and the rationale for the establish-
ment of such goals; and 
(B) the activities of the agency, including 
the coordination of services with the District of-
fice of the Commission that serves the State, 
and any State agency whose purpose is to re-
duce, eliminate, or redress employment dis-
crimination, and with entities carrying out 
other related programs; 
(5) establish a grievance procedure for clients 
or prospective clients of the agency to ensure that 
individuals described in paragraph (1)(A) have full 
access to services of the agency; 
(6) have access at reasonable times to any indi-
vidual described in paragraph (1)(A) in a location in 
which services and other assistance are provided to 
such an individual, in order to carry out the purpose 
of this subtitle; 
(7) have access, not later than 3 business days 
after the agency makes a written request, to the 
records of any individual described in paragraph 
(1)(A) (including Federal and State workers) who is 
a client of the agency if such individual, or other 
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legal representative of such individual, has author-
ized the agency to have such access; 
(8) hire and maintain sufficient numbers and 
types of staff (qualified by training and experience) 
to carry out the agency’s functions, except that the 
State involved shall not apply hiring freezes, reduc-
tions in force, prohibitions on travel, or other poli-
cies to the staff of the agency, to the extent that 
such policies would impact the staff or functions of 
the agency funded with Federal funds or would pre-
vent the agency from carrying out the functions of 
the system under this subtitle; 
(9) have the authority to educate policymakers; 
and 
(10) provide assurances to the Secretary that 
funds allotted to the State under section 433 will be 
used to supplement, and not supplant, the non-Fed-
eral funds that would otherwise be made available 
for the purposes for which the allotted funds are 
provided. 
(d) AMERICAN INDIAN CONSORTIUM.— 
(1) IN GENERAL.—Upon application to the Sec-
retary, the Secretary shall allot funds to one or more 
American Indian consortium established to provide 
services under this subtitle, in accordance with sec-
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tion 433(a)(5). Such funds shall be used to support 
services under this subtitle. 
(2) COORDINATION OF SYSTEMS.—An American 
Indian consortium under paragraph (1) shall be con-
sidered to be a system for purposes of this subtitle 
and shall coordinate those services with other sys-
tems serving the same geographic area. 
(3) RESPONSIBLE PARTY.—The tribal council 
that designates the consortium shall carry out the 
responsibilities and exercise the authorities specified 
for a State in this subtitle, with regard to the con-
sortium. 
SEC. 435. ADMINISTRATION. 
(a) GOVERNING BOARD.—The system described in 
section 434 shall be organized as a private nonprofit entity 
with a multimember governing board, and such governing 
board shall be selected according to the policies and proce-
dures of the system, except that— 
(1) the governing board shall be composed of 
members who broadly represent or are knowledge-
able about the needs of the individuals served by the 
system; 
(2) a majority of the members of the board 
shall be— 
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(A) attorneys representing the interests of 
workers; 
(B) advocates for workers with experience 
working to protect or expand workers’ rights; or 
(C) workers who have experienced employ-
ment discrimination; 
(3) not more than 1⁄3 of the members of the 
governing board may be appointed by the chief exec-
utive officer of the State involved, in the case of any 
State in which such officer has the authority to ap-
point members of the board; 
(4) the membership of the governing board 
shall be subject to term limits set by the system to 
ensure rotating membership; and 
(5) any vacancy in the board shall be filled not 
later than 60 days after the date on which the va-
cancy occurs. 
(b) LEGAL ACTION.— 
(1) IN GENERAL.—Nothing in this subtitle shall 
preclude a system from bringing a suit on behalf of 
individuals described in section 434(c)(1)(A) against 
a State, or an agency or instrumentality of a State. 
(2) USE OF AMOUNTS FROM JUDGMENT.—An 
amount received pursuant to a suit described in 
paragraph (1) through a court judgment may only 
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be used by the system to further the purpose of this 
subtitle and shall not be used to augment payments 
to legal contractors or to award personal bonuses. 
(c) PUBLIC NOTICE OF FEDERAL ONSITE REVIEW.— 
The Secretary shall provide advance public notice of, and 
solicit public comments regarding, any Federal pro-
grammatic or administrative onsite review of a system 
conducted under this subtitle. The Secretary shall prepare 
an onsite visit report containing the results of such review, 
which shall be distributed to the Governor of the State 
and to other interested public and private parties. The 
comments received in response to the notice and public 
comment solicitation shall be included in the onsite visit 
report. 
(d) REPORTS.— 
(1) IN GENERAL.—Beginning for the fiscal year 
after the fiscal year during which this Act is en-
acted, each system established in a State pursuant 
to this subtitle shall annually prepare and transmit 
to the Secretary a report that describes the activi-
ties, accomplishments, and expenditures of the sys-
tem during the preceding fiscal year, including— 
(A) a description of the system’s goals, the 
extent to which the goals were achieved, and 
barriers to that achievement; and 
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(B) the process used to obtain public 
input, the nature of such input, and how such 
input was used. 
(2) DISCLOSURE OF INFORMATION.—For pur-
poses of the report described in paragraph (1) the 
Secretary shall not require the system disclose the 
identity of, or any other personally identifiable infor-
mation related to, any individual requesting assist-
ance from the system. 
SEC. 436. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated for allot-
ments under section 433 such sums as may be necessary. 
TITLE V—GENERAL PROVISIONS 
SEC. 501. SEVERABILITY. 
If any provision of this Act, an amendment made by 
this Act, or the application of such provision or amend-
ment to any person or circumstance is held to be unconsti-
tutional, the remainder of this Act and the amendments 
made by this Act, and the application of the provision or 
amendment to any other person or circumstance, shall not 
be affected. 
Æ 
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