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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Harassment-Free Workplace Act''.

SEC. 2. PURPOSES.

The purposes of this Act are--
(1) to provide Federal protection to small business
employees from sexual harassment in their workplaces;
(2) to extend the sexual harassment provisions of current
civil rights laws to private sector employers who are not
currently covered by Federal law relating to sexual harassment;
and
(3) to authorize the Equal Employment Opportunity
Commission to enforce sexual harassment laws with respect to
small businesses in the same manner as the Commission currently
enforces employment discrimination laws with respect to other
businesses.

SEC. 3. DEFINITIONS.

As used in this Act:
(1) Commerce.--The term ''commerce'' means trade, traffic,
commerce, transportation, transmission, or communication--
(A) among the several States;
(B) between a State and any place outside thereof;
(C) within the District of Columbia, or a
possession of the United States; or
(D) between points in the same State but through a
point outside thereof.
(2) Commission.--The term ''Commission'' means the Equal
Employment Opportunity Commission established under section 705
of the Civil Rights Act of 1964 (42 U.S.C. 2000e-4).
(3) Complaining party.--The term ''complaining party''
means the Commission, the Attorney General, or a person who may
bring an action or proceeding under this Act.
(4) Employee.--The term ''employee'' means an individual
employed by an employer, except that the term ''employee''
shall not include any person elected to public office in any
State or political subdivision of any State by the qualified
voters thereof, or any person chosen by such officer to be on
such officer's personal staff, or an appointee on the policy
making level or an immediate adviser with respect to the
exercise of the constitutional or legal powers of the office.
The exemption set forth in the preceding sentence shall not
include employees subject to the civil service laws of a State
government, governmental agency, or political subdivision. With
respect to employment in a foreign country, such term includes
an individual who is a citizen of the United States.
(5) Employer.--The term ''employer'' means a person engaged
in an industry affecting commerce who has fewer than fifteen
employees for each working day in each of 33 or more calendar
weeks in the current and in the preceding calendar year.
(6) Employment agency.--The term ''employment agency''
means any person regularly undertaking with or without
compensation to procure employees for an employer or to procure
for employees opportunities to work for an employer, and
includes an agent of such a person.
(7) Industry affecting commerce.--The term ''industry
affecting commerce'' means any activity, business, or industry
in commerce or in which a labor dispute would hinder or
obstruct commerce or the free flow of commerce and includes any
activity or industry ''affecting commerce'' within the meaning
of the Labor-Management Reporting and Disclosure Act of 1959,
and further includes any governmental industry, business, or
activity.
(8) Labor organization.--The term ''labor organization''
means a labor organization engaged in an industry affecting
commerce, and any agent of such an organization, and includes
any organization of any kind, any agency, or employee
representation committee, group, association, or plan so
engaged in which employees participate and which exists for the
purpose, in whole or in part, of dealing with employers
concerning grievances, labor disputes, wages, rates of pay
hours, or other items or conditions of employment, and any
conference, general committee, joint or system board, or joint
council so engaged which is subordinate to a national or
international labor organization.
(9) Labor organization deemed to be engaged in an industry
affecting commerce.--A labor organization shall be deemed to be
engaged in an industry affecting commerce if--
(A)(i) it maintains or operates a hiring hall or
hiring office which procures employees for an employer
or procures for employees opportunities to work for an
employer; or
(ii) the number of its members (or, where it is a
labor organization composed of other labor
organizations or their representatives, if the
aggregate number of the members of such other labor
organizations) is fewer than 15; and
(B) such labor organization--
(i) is the certified representative of
employees under the provisions of the National
Labor Relations Act or the Railway Labor Act;
(ii) although not certified, is a national
or international labor organization or a local
labor organization recognized or acting as the
representative of employees of an employer or
employers engaged in an industry affecting
commerce;
(iii) has chartered a local labor
organization or subsidiary body which is
representing or actively seeking to represent
employees of employers within the meaning of
clause (i) or (ii);
(iv) has been chartered by a labor
organization representing or actively seeking
to represent employees within the meaning of
clause (i) or (ii) as the local or subordinate
body through which such employees may enjoy
membership or become affiliated with such labor
organization; or
(v) is a conference, general committee,
joint or system board, or joint council
subordinate to a national or international
labor organization, which includes a labor
organization engaged in an industry affecting
commerce within the meaning of any of clauses
(i), (ii), (iii), or (iv).
(10) Person.--The term ''person'' includes one or more
individuals, governments, governmental agencies, political
subdivisions, labor unions, partnerships, associations,
corporations, legal representatives, mutual companies, joint-
stock companies, trusts, unincorporated organizations,
trustees, trustees in cases under title 11, United States Code,
or receivers.
(11) Respondent.--The term ''respondent'' means--
(A) an employer, employment agency, labor
organization; or
(B) a joint labor-management committee controlling
apprenticeship or other training or retraining program,
including an on-the-job training program, that serves
an employer or an employee.
(12) State.--The term ''State'' includes a State of the
United States, the District of Columbia, Puerto Rico, the
Virgin Islands, American Samoa, Guam, Wake Island, the Canal
Zone, and Outer Continental Shelf lands defined in the Outer
Continental Shelf Lands Act.

SEC. 4. SEXUAL HARASSMENT.

(a) In General.--It shall be an unlawful employment practice for a
respondent to engage in a practice that constitutes sexual harassment,
within the meaning of title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.) (including any regulation or administrative
guideline issued under such title, or any applicable case law issued by
a Federal court with respect to such title, regarding such harassment)
against an employee or an applicant for employment with an employer.
(b) Anti-retaliation.--It shall be an unlawful employment practice
for a respondent to discriminate against any such employee or applicant
because the employee or applicant has opposed any practice made an
unlawful employment practice by this Act, or because the employee or
applicant has made a charge, testified, assisted, or participated in
any manner in an investigation, proceeding, or hearing under this Act.

SEC. 5. ENFORCEMENT, REMEDIES, AND RELATED PROVISIONS.

(a) Enforcement and Remedies.--
(1) In general.--This Act provides the powers, remedies,
and procedures set forth in sections 705, 706, 707, 709, 710,
713, and 714 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
4, 2000e-5, 2000e-6, 2000e-8, 2000e-9, 2000e-12, and 2000e-13)
to the Commission, to the Attorney General, or to any person
alleging a violation of any provision of this Act, as
appropriate.
(2) Damages.--
(A) In general.--Except as provided in subparagraph
(B), in an action brought by a complaining party under
paragraph (1) in accordance with section 706 of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-5) against a
respondent who engaged in a practice that violates a
provision of this Act, the complaining party may be
awarded compensatory and punitive damages as allowed in
section 1977A(b) of the Revised Statutes (42 U.S.C.
1981a(b)), in addition to any relief authorized by
section 706(g) of the Civil Rights Act of 1964, from
the respondent.
(B) Limitations.--If--
(i) a complaining party is awarded, under
this paragraph, compensatory damages for future
pecuniary losses, emotional pain, suffering,
inconvenience, mental anguish, loss of
enjoyment of life, or other nonpecuniary
losses, or punitive damages; and
(ii) on the day on which the complaining
party is awarded damages described in clause
(i) there is in effect under section 1977A of
the Revised Statutes a limit on the sum of the
amount of such damages that may be awarded
under such section in an action in which the
respondent has more than 14 and fewer than 101
employees in each of 20 or more calendar weeks
in the current or preceding calendar year,
the sum of the amount of such damages that the
complaining party may be awarded under this paragraph
may not exceed the sum described in clause (ii).
(C) Jury trial.--If a complaining party seeks
compensatory or punitive damages under this paragraph--
(i) any party may demand a trial by jury;
and
(ii) the court shall not inform the jury of
the limitations described in subparagraph (B).
(b) Extraterritorial Application.--Section 702 of the Civil Rights
Act of 1964 (42 U.S.C. 2000e-1) shall apply with respect to the
application of this Act to an employer, employing agency, labor
organization, or committee, in the same manner and to the same extent
as such section applies with respect to the application of title VII of
such Act (42 U.S.C. 2000e et seq.) to an employer, employing agency,
labor organization, or committee, respectively, as such terms are used
in such Act.
(c) Effect on State Laws.--Section 708 of the Civil Rights Act of
1964 (42 U.S.C. 2000e-7) shall apply with respect to the construction
of this Act in the same manner and to the same extent as such section
applies with respect to the construction of title VII of such Act.

SEC. 6. POSTING NOTICES.

(a) Notice.--Every respondent shall post and keep posted, in the
manner prescribed by section 711 of the Civil Rights Act of 1964 (42
U.S.C. 2000e-10), a notice describing the applicable provisions of this
Act, to be prepared or approved by the Commission and to appear in an
accessible format, for employees and applicants for employment with
employers.
(b) Penalty.--A willful violation of this section shall be
punishable by a fine of not more than $100 for each separate offense.

SEC. 7. EFFECTIVE DATE.

This Act shall take effect 6 months after the date of enactment of
this Act.
Harassment-Free Workplace Act - Makes it an unlawful employment practice for a respondent (employer, employment agency, labor organization, or joint labor-management committee of an apprenticeship, training, or retraining program) to engage in a practice that constitutes sexual harassment as defined under the Civil Rights Act of 1964 against an employee or job applicant. Prohibits any action against an employee or applicant in response to a charge or allegation of sexual harassment or participation in an investigation. Provides for enforcement by the Equal Employment Opportunity Commission, the Attorney General, or an aggrieved party. Allows compensatory and punitive damages, with limitations.
Requires all respondents to post a notice, prepared or approved by the Commission, describing the applicable provisions of this Act.