EMPOWER Act

Bill: 116-hr-1521
Sponsor: Rep. Frankel, Lois [D-FL-21]
Introduced: 2019-03-05 in the House
Policy area: Civil Rights and Liberties, Minority Issues
Subjects: Administrative law and regulatory procedures
Administrative remedies
Assault and harassment offenses
Civil actions and liability
Congressional officers and employees
Contracts and agency
Corporate finance and management
Crime victims
Employment and training programs
Employment discrimination and employee rights
Equal Employment Opportunity Commission (EEOC)
Government employee pay, benefits, personnel management
Government information and archives
Government liability
Income tax deductions
Income tax exclusion
Labor-management relations
Legal fees and court costs
Library of Congress
Marketing and advertising
Merit Systems Protection Board
Securities and Exchange Commission (SEC)
Sex offenses
Sex, gender, sexual orientation discrimination
State and local government operations
Tax administration and collection, taxpayers
Wages and earnings

Summary:
action_date: 2019-03-05
text: 

Ending the Monopoly of Power Over Workplace harassment through Education and Reporting Act or the EMPOWER Act

 
This bill addresses policies and procedures related to claims of workplace harassment.
 
Specifically, the bill makes it an unlawful practice (with exceptions regarding certain settlement or separation agreements) for an employer to (1) enter into a contract with an employee or applicant, as a condition of employment, promotion, compensation, benefits, or change in employment status or contractual relationship, if that contract contains a nondisparagement or nondisclosure clause that covers workplace harassment; and (2) enforce, or attempt to enforce, a nondisparagement clause or nondisclosure clause that covers workplace harassment. 
 
Under the bill, an employee or applicant retains any right they would otherwise have had to report a concern about workplace harassment to the Equal Employment Opportunity Commission (EEOC) and other specified agencies, regardless of whether they have signed a nondisparagement or nondisclosure clause. Employees or applicants also retain the right to pursue legal action regardless of signing such clauses.
 
The bill sets forth (1) enforcement powers of the EEOC and other entities, and the jurisdiction of U.S. courts, regarding workplace harassment; and (2) the applicable procedures and remedies for employees' claims.
 
The EEOC must (1) establish a confidential tip-line that supplements its process for submitting a charge of discrimination, and (2) provide for the development and dissemination of workplace training programs and information regarding workplace harassment. 
 
The bill modifies the tax treatment of expenses and payments related to workplace harassment and employment discrimination.


Legislative actions:
action_date: 2019-04-08
text: Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
action_date: 2019-03-05
text: Referred to the Committee on Education and Labor, and in addition to the Committees on Ways and Means, Financial Services, House Administration, Oversight and Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2019-03-05
text: Referred to the Committee on Education and Labor, and in addition to the Committees on Ways and Means, Financial Services, House Administration, Oversight and Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2019-03-05
text: Referred to the Committee on Education and Labor, and in addition to the Committees on Ways and Means, Financial Services, House Administration, Oversight and Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2019-03-05
text: Referred to the Committee on Education and Labor, and in addition to the Committees on Ways and Means, Financial Services, House Administration, Oversight and Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2019-03-05
text: Referred to the Committee on Education and Labor, and in addition to the Committees on Ways and Means, Financial Services, House Administration, Oversight and Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2019-03-05
text: Referred to the Committee on Education and Labor, and in addition to the Committees on Ways and Means, Financial Services, House Administration, Oversight and Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2019-03-05
text: Introduced in House
action_date: 2019-03-05
text: Introduced in House