[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3837 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3837

To provide unemployment insurance and leave from employment to battered 
                                 women.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 17, 1996

Ms. Roybal-Allard (for herself, Ms. Woolsey, and Ms. Norton) introduced 
  the following bill; which was referred to the Committee on Ways and 
 Means, and in addition to the Committees on Economic and Educational 
 Opportunities, Government Reform and Oversight, and House Oversight, 
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.

_______________________________________________________________________

                                 A BILL


 
To provide unemployment insurance and leave from employment to battered 
                                 women.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Battered Women's Employment 
Protection Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) violence against women is the leading cause of physical 
        injury to women, and the Department of Justice estimates that 
        intimate partners commit more than one million violent crimes 
        against women every year;
            (2) the Bureau of Labor Statistics predicts that women will 
        account for two-thirds of all new entrants into the workforce 
        between now and the year 2000;
            (3) violence against women dramatically affects women's 
        workforce participation, insofar as one- quarter of battered 
        women surveyed had lost a job due at least in part to the 
        effects of domestic violence, and over half had been harassed 
        by their abuser at work;
            (4) the availability of economic support is a critical 
        factor in women's ability to leave abusive situations that 
        threaten them and their children, and over half of battered 
        women surveyed stayed with their batterers because they lacked 
        resources to support themselves and their children;
            (5) a report by the New York City Victims Services Agency 
        found that abusive spouses and lovers harass 74 percent of 
        battered women at work and 54 percent of battering victims miss 
        at least 3 days of work per month and 56 percent are late for 
        work at least 5 times per month, and a University of Minnesota 
        study found that 24 percent of women in support groups for 
        battered women had lost a job partly because of being abused;
            (6) a survey of State unemployment insurance agency 
        directors by the Federal Advisory Council on Unemployment 
        Compensation found that in 31 States battered women who leave 
        work as a result of domestic violence do not qualify for 
        unemployment benefits, in 9 States the determination often 
        varies depending on the facts and circumstances, and in only 13 
        States are they usually considered qualified for unemployment 
        benefits;
            (7) a study by the New York State Department of Labor found 
        that, when filing for unemployment insurance benefits, domestic 
        violence victims frequently hide their victimization and do not 
        disclose the domestic violence as a reason for their problems 
        with the job or need to separate from employment;
            (8) the same New York State study found that 75 percent of 
        employed victims of domestic violence must communicate with 
        doctors, lawyers, shelters, counselors, family and friends from 
        their workplaces because they cannot do so at home;
            (9) 49 percent of senior executives recently surveyed said 
        domestic violence has a harmful effect on their company's 
        productivity, 47 percent said domestic violence negatively 
        affects attendance, and 44 percent said domestic violence 
        increases health care costs, and the Bureau of National Affairs 
        estimates that domestic violence costs employers between 3 and 
        5 billion dollars per year; and
            (10) existing Federal and State legislation does not 
        expressly authorize battered women to take leave from work to 
        seek legal assistance and redress, counseling, or assistance 
        with safety planning and activities.
    (b) Purposes.--Pursuant to the affirmative power of Congress to 
enact this Act under section 5 of the Fourteenth Amendment to the 
Constitution, as well as under section 8 of Article I of the 
Constitution, the purposes of this Act are--
            (1) to promote the national interest in reducing domestic 
        violence by enabling victims of domestic violence to maintain 
        the financial independence necessary to leave abusive 
        situations, to achieve safety and minimize the physical and 
        emotional injuries from domestic violence, and to reduce the 
        devastating economic consequences of domestic violence, by--
                    (A) providing unemployment insurance for victims of 
                domestic violence who are forced to leave their 
                employment as a result of domestic violence; and
                    (B) entitling employed victims of domestic violence 
                to take reasonable leave to seek medical help, legal 
                assistance, counseling, and safety planning and 
                assistance without penalty from their employer;
            (2) to promote the purposes of the Fourteenth Amendment by 
        protecting the civil and economic rights of victims of domestic 
        violence and by furthering the equal opportunity of women and 
        men to employment and economic self-sufficiency;
            (3) to minimize the negative impact on interstate commerce 
        from dislocations of employees and harmful effects on 
        productivity, health care costs, and employer costs from 
        domestic violence; and
            (4) to accomplish the purposes described in paragraphs (1) 
        , (2) and (3) in a manner that accommodates the legitimate 
        interests of employers.

SEC. 3. UNEMPLOYMENT COMPENSATION.

    (a) Unemployment Compensation.--Section 3304(a) of the Internal 
Revenue Code of 1986 is amended--
            (1) by striking ``and'' at the end of paragraph (18),
            (2) by striking the period at the end of paragraph (19) and 
        inserting ``; and'',
            (3) by adding after paragraph (19) the following:
            ``(20) compensation is to be provided where an individual 
        is separated from employment due to circumstances directly 
        resulting from the individual's experience of domestic 
        violence.'',
            (4) by redesignating subsections (b) through (f) as 
        subsections (c) through (g), respectively, and
            (5) by adding after subsection (a) the following:
    ``(b) Construction.--
            ``(1) For the purpose of determining, under subsection 
        (a)(20), whether an employee's separation from employment is 
        `directly resulting' from the individual's experience of 
        domestic violence, it shall be sufficient if the separation 
        from employment resulted from--
                    ``(A) the employee's reasonable fear of future 
                domestic violence at or en route to or from her place 
                of employment;
                    ``(B) the employee's wish to relocate to another 
                geographic area in order to avoid future domestic 
                violence against the employee or the employee's family;
                    ``(C) the employee's need to recover from traumatic 
                stress resulting from the employee's experience of 
                domestic violence;
                    ``(D) the employer's denial of the employee's 
                request for temporary leave from employment to deal 
                with domestic violence and its aftermath, as provided 
                in section 4 of the Battered Women's Employment 
                Protection Act; or
                    ``(E) any other respect in which domestic violence 
                causes the employee to reasonably believe that 
                termination of employment is necessary for the future 
                safety of the employee or the employee's family.
            ``(2) For purposes of subsection (a)(20), where State law 
        requires the employee to have made reasonable efforts to retain 
        employment as a condition for receiving unemployment 
        compensation, it shall be sufficient that the employee--
                    ``(A) sought protection from or assistance in 
                responding to domestic violence, including calling the 
                police or seeking legal, social work, medical, clergy, 
                or other assistance;
                    ``(B) sought safety, including refuge in a shelter 
                or temporary or permanent relocation, whether or not 
                the employee actually obtained such refuge or 
                accomplished such relocation; or
                    ``(C) reasonably believed that options such as a 
                leave, transfer, or alternative work schedule would not 
                be sufficient to guarantee the employee or the 
                employee's family's safety.
            ``(3) For purposes of subsection (a)(20), where State law 
        requires the employee to actively search for employment after 
        separation from employment as a condition for receiving 
        unemployment compensation, such requirement shall be deemed to 
        be met where the employee is temporarily unable to actively 
        search for employment because the employee is engaged in 
        seeking safety or relief for the employee or the employee's 
        family from domestic violence, including--
                    ``(A) going into hiding or relocating or attempting 
                to do so, including activities associated with such 
                relocation or hiding, such as seeking to obtain 
                sufficient shelter, food, schooling for children, or 
                other necessities of life for the employee or the 
                employee's family;
                    ``(B) actively pursuing legal protection or 
                remedies, including meeting with the police, going to 
                court to make inquiries or file papers, meeting with 
                attorneys, or attending court proceedings; or
                    ``(C) participating in psychological, social, or 
                religious counseling or support activities to assist 
                the employee in ending domestic violence.
            ``(4) In determining if an employee meets the requirements 
        of paragraphs (1), (2), and (3), the employer or reviewer of 
        any claim of an employee may require the employee to provide a 
        statement along with--
                    ``(A) documentation, such as police or court 
                records, or documentation from a shelter worker, 
                attorney, clergy, medical or other professional from 
                whom the employee has sought assistance in dealing with 
                domestic violence; or
                    ``(B) other corroborating evidence, such as a 
                statement from any other individual with knowledge of 
                the circumstances which provide the basis for the 
                claim, or physical evidence of domestic violence, such 
                as photographs, torn or bloody clothes, etc.''
    (b) Social Security Personnel Training.--Section 303(a) of the 
Social Security Act (42 U.S.C. 503(a)(4)) is amended by redesignating 
paragraphs (4) through (10) as paragraphs (5) through (11), 
respectively, and by adding after paragraph (3) the following:
            ``(4) Such methods of administration as will ensure that 
        claims reviewers and hearing personnel are adequately trained 
        in the nature and dynamics of domestic violence and in methods 
        of ascertaining information about possible experiences of 
        domestic violence, so that employment separations stemming from 
        domestic violence are reliably screened, identified, and 
        adjudicated.''.
    (c) Definitions.--Section 3306 of the Internal Revenue Code of 1986 
is amended by adding at the end the following:
    ``(u) Domestic violence.--The term `domestic violence' includes 
abuse committed against an employee or a family member of the employee 
by--
            ``(1) a current or former spouse of the employee;
            ``(2) a person with whom the employee shares a child in 
        common;
            ``(3) a person who is cohabitating with or has cohabitated 
        with the employee as a romantic or intimate partner; or
            ``(4) a person from whom the employee would be eligible for 
        protection under the domestic violence, protection order, or 
        family laws of the jurisdiction in which the employee resides 
        or the employer is located.
    ``(v) Abuse.--The term `abuse' includes--
            ``(1) physical acts resulting in, or threatening to result 
        in, physical injury;
            ``(2) sexual abuse, sexual activity involving a dependent 
        child, or threats of or attempts at sexual abuse;
            ``(3) mental abuse, including threats, intimidation, acts 
        designed to induce terror, or restraints on liberty; and
            ``(4) deprivation of medical care, housing, food or other 
        necessities of life.''.

SEC. 4. LEAVE FROM EMPLOYMENT.

    (a) In General.--Employers subject to the Federal Family and 
Medical Leave Act (29 U.S.C. 2601 et seq.), any State law addressing 
family, medical, sick, or other kind of leave from employment, or an 
employment benefits program or policy or collective bargaining 
agreement addressing family, medical, sick, or other kind of leave from 
employment, shall provide leave to employees seeking temporary absences 
from employment to deal with domestic violence and its aftermath in 
accordance with this section.
    (b) Existing Leave Useable for Domestic Violence.--Where family, 
medical, sick, or any other kind of leave from employment is available 
to employees pursuant to the Federal Family and Medical Leave Act of 
1993 (29 U.S.C. 2601 et seq.), any State law, an existing employment 
benefits program or plan, or collective bargaining agreement, employees 
shall be entitled to use such leave for the purpose of dealing with 
domestic violence and its aftermath.
    (c) Minimum Leave for Domestic Violence.--
            (1) In general.--Any employee who is not entitled to leave 
        from employment for the purpose of dealing with domestic 
        violence and its aftermath pursuant to subsection (b) or who 
        has used up the employee's available leave pursuant to 
        subsection (b) and who is not an employee who has taken 12 
        weeks of leave for the purpose of dealing with domestic 
        violence and its aftermath, shall be entitled to take up to 10 
        days per year of unpaid leave without penalty, for that 
        purpose.
            (2) Substitution.--An employee may elect, or an employer 
        may require the employee, to substitute accrued paid leave for 
        any part of the 10 days of unpaid leave provided under 
        paragraph (1).
    (d) Dealing with domestic violence and its aftermath.--The 
following activities constitute means of ``dealing with domestic 
violence and its aftermath,'' which shall render an employee eligible 
for leave under this section:
            (1) Experiencing domestic violence.
            (2) Seeking medical attention for injuries caused by 
        domestic violence, except for ``serious health conditions'' 
        where covered by the Family and Medical Leave Act of 1993 (29 
        U.S.C. 2601 et seq.).
            (3) Seeking legal assistance or remedies, including 
        communicating with the police or an attorney, or participating 
        in any legal proceeding related to domestic violence.
            (4) Attending support groups for victims of domestic 
        violence.
            (5) Obtaining psychological counseling related to 
        experiences of domestic violence.
            (6) Participating in safety planning and other actions to 
        increase safety from future domestic violence, including 
        temporary or permanent relocation.
            (7) Any other activity necessitated by domestic violence 
        which must be undertaken during hours of employment.
    (e) Construction.--In determining if an employee meets the 
requirements of subsections (b), (c), and (d), the employer or reviewer 
of any claim of an employee may require the employee to provide a 
statement along with--
            (1) documentation, such as police or court records, or 
        documentation from a shelter worker, attorney, clergy, medical 
        or other professional from whom the employee has sought 
        assistance in dealing with domestic violence; or
            (2) other corroborating evidence, such as a statement from 
        any other individual with knowledge of the circumstances which 
        provide the basis for the claim, or physical evidence of 
        domestic violence, such as photographs, torn or bloody clothes, 
        etc.
    (f) Enforcement.--
            (1) Public enforcement.--The Secretary of Labor shall have 
        the powers set forth in subsections (b), (c), (d) and (e) of 
        section 107 of the Family and Medical Leave Act of 1993 (29 
        U.S.C. 2617) for the purpose of public enforcement of any 
        alleged violations of this section against any employer.
            (2) Private enforcement.--
                    (A) Private and Federal employers.--The remedies 
                and procedures set forth in subsection (a) of section 
                107 of the Family and Medical Leave Act of 1993 (29 
                U.S.C. 2617) shall be the remedies and procedures 
                pursuant to which an employee may initiate a legal 
                action against a Federal or private employer for 
                alleged violations of this section..
                    (B) State Employers.--
                            (i) Qui tam actions.--
                                    (I) An employee of a State employer 
                                may bring a civil action for a 
                                violation of this section for the 
                                employee and for the United States 
                                Government (referred to as a `Qui Tam' 
                                action). The action shall be brought in 
                                the name of the United States 
                                Government. The action may be dismissed 
                                only if the court and the Secretary of 
                                Labor give written consent to the 
                                dismissal stating their reasons for 
                                consenting. The Qui Tam plaintiff may 
                                recover damages or injunctive relief to 
                                the same extent provided in 
                                subparagraph (A).
                                    (II) The right provided by 
                                subclause (I) to bring a Qui Tam action 
                                shall terminate on the filing of a 
                                complaint by the Secretary of Labor in 
                                an action seeking damages or monetary 
                                relief on behalf of the affected 
                                employee under paragraph (1) unless 
                                that action is dismissed without 
                                prejudice on motion of the Secretary of 
                                Labor.
            (3) Employer Liability Under Other Laws.--Nothing in this 
        section shall be construed to limit the liability of an 
        employer to an employee for harm suffered relating to the 
        employee's experience of domestic violence pursuant to any 
        other State or Federal law or legal remedy.
    (f) Definitions.--For purposes of this section:
            (1) Employer.--The term `employer' includes any person 
        subject to the Federal Family and Medical Leave Act of 1993 (29 
        U.S.C. 2601 et seq.) or any State law addressing family, 
        medical, sick, or any other kind of leave from employment, or 
        any employer granting family, medical, sick, or other kind of 
        leave from employment under an employment benefits program or 
        policy or collective bargaining agreement in effect as of the 
        date of enactment of this Act.
            (2) Employee.--The term `employee' refers to any person 
        eligible to receive leave pursuant to the Federal Family and 
        Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), any State 
        law addressing medical, family, sick, or other kind of leave 
        from employment, or an employment benefits program or policy or 
        collective bargaining agreement in effect as of the date of 
        enactment of this Act.
            (3) Domestic violence.--The term `domestic violence' has 
        the meaning assigned to such term by section 3306(u) of the 
        Internal Revenue Code of 1986.

SEC. 5. EFFECT ON OTHER LAWS AND EMPLOYMENT BENEFITS.

            (1) More Protective.--Nothing in this Act or the amendments 
        made by this Act shall be construed to supersede any provision 
        of any Federal, State or local law, collective bargaining 
        agreement, or other employment benefit program which provides 
        greater unemployment compensation or leave benefits for 
        employed victims of domestic violence than the rights 
        established under this Act or such amendments.
            (2) Less Protective.--The rights established for employees 
        under this Act or the amendments made by this Act shall not be 
        diminished by any collective bargaining agreement, any 
        employment benefit program or plan, or any State or local law.