I
104TH CONGRESS
2D SESSION
H. R. 3646
To provide private remedies for certain instances of sexual harassment, and
to provide additional funding for the Equal Employment Opportunity
Commission.
IN THE HOUSE OF REPRESENTATIVES
JUNE 13, 1996
Mrs. LOWEY (for herself, Ms. NORTON, Mr. CONYERS, Mr. WATT of North
Carolina, Ms. JACKSON-LEE, Ms. WOOLSEY, Ms. PELOSI, Mrs. MEEK of
Florida, Ms. EDDIE BERNICE JOHNSON of Texas, Mrs. MALONEY, Mrs.
CLAYTON, Ms. RIVERS, Ms. MCKINNEY, Ms. BROWN of Florida, Mr.
ABERCROMBIE, Mr. ACKERMAN, Mr. BROWN of California, Mr. DOOLEY
of California, Mr. FROST, Mr. GUTIERREZ, Mr. HILLIARD, Mr. LANTOS,
and Mr. THOMPSON) introduced the following bill; which was referred to
the Committee on the Judiciary, and in addition to the Committee on
Economic and Educational Opportunities, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned
A BILL
To provide private remedies for certain instances of sexual
harassment, and to provide additional funding for the
Equal Employment Opportunity Commission.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Sexual Harassment
Prevention Act of 1996’’.
SEC. 2. CIVIL ACTION.
(a) GENERALLY.—Whoever (including a govern-
mental entity), in or affecting interstate or foreign com-
merce—
(1) engages in any sexual harassment; or
(2) retaliates against any person for opposing
sexual harassment or filing a complaint, or otherwise
participating in any manner, in a civil action under
paragraph (1);
shall be liable to the person injured by that harassment
or retaliation for any appropriate relief, which may include
money damages. In a civil action under this section, the
court may award a prevailing plaintiff a reasonable attor-
neys’ fee and other litigation expenses (including expert
witness fees) as a part of the costs.
(b) WHAT CONSTITUTES SEXUAL HARASSMENT.—
(1) GENERALLY.—As used in this section, the
term ‘‘sexual harassment’’ means conduct described
in paragraph (2) in a relationship described in para-
graph (3).
(2) CONDUCT.—The conduct referred to in
paragraph (1) is an unwelcome sexual advance, un-
welcome request for sexual favors, or other unwel-
come conduct of a sexual nature where—
(A) submission to such conduct is either
explicitly or implicitly a term or condition of the
relationship described in paragraph (3);
(B) submission to or rejection of such con-
duct is the basis for decisions or actions regard-
ing the person who submitted to or rejected
that conduct; or
(C) such conduct has the purpose or effect
of unreasonably interfering with the relation-
ship described in paragraph (3) or creates an
intimidating, hostile, or offensive environment
within that relationship.
(3) RELATIONSHIP.—The relationship referred
to in paragraphs (1) and (2) is a relationship—
(A) between a patient and a physician,
psychotherapist, or dentist;
(B) between a client and an attorney, mar-
riage, family, or child counselor, social worker,
or accountant;
(C) between a beneficiary and an executor,
trustee, or administrator of a trust or estate;
(D) between an employee and an employer,
if the employer has fewer than 15 employees for
each working day in each of 33 or more cal-
endar weeks in the current and in the preceding
calendar year; or
(E) between the parties to a contract or
between persons negotiating a contract or seek-
ing to enforce claimed rights under a contract.
(c) EFFECTIVE DATE.—This Act shall take effect
180 days after the date of the enactment of this Act.
SEC. 3. ADDITIONAL FUNDING FOR THE EQUAL EMPLOY-
MENT OPPORTUNITY COMMISSION.
In addition to any other sums authorized to be appro-
priated to the Equal Employment Opportunity Commis-
sion, there are authorized to be appropriated to such Com-
mission $268,000,000 for fiscal year 1997, and such sums
thereafter as may be necessary.
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