[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3106 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 3106

To protect the civil rights of victims of gender-motivated violence and 
  to promote public safety, health, and regulate activities affecting 
   interstate commerce by creating employer liability for negligent 
 conduct that results in an individual's committing a gender-motivated 
crime of violence against another individual on premises controlled by 
                             the employer.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 19, 1999

   Mrs. Maloney of New York introduced the following bill; which was 
   referred to the Committee on Education and the Workforce, and in 
    addition to the Committee on 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

_______________________________________________________________________

                                 A BILL


 
To protect the civil rights of victims of gender-motivated violence and 
  to promote public safety, health, and regulate activities affecting 
   interstate commerce by creating employer liability for negligent 
 conduct that results in an individual's committing a gender-motivated 
crime of violence against another individual on premises controlled by 
                             the employer.

    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 ``Employer Liability for Gender-
Related Violence Act of 1999''.

SEC. 2. NEGLIGENTLY ALLOWING GENDER-MOTIVATED VIOLENCE.

    (a) Cause of Action.--An employer--
            (1) whose business is in or affects interstate or foreign 
        commerce; and
            (2) whose negligent conduct results in a person's 
        (including a person who acts under color of statute, ordinance, 
        regulation, custom, or usage of any State) committing a crime 
        of violence motivated by gender against another person on 
        premises under the control of the employer;
shall be liable to the party injured, in an action for the recovery of 
compensatory and punitive damages, injunctive and declaratory relief, 
and such other relief as a court may deem appropriate.
    (b) Definitions.--For the purposes of this Act--
            (1) the term ``crime of violence motivated by gender'' 
        means a crime of violence committed because of gender or on the 
        basis of gender; and
            (2) the term ``crime of violence''--
                    (A) means an act or series of acts that would 
                constitute a crime, for which imprisonment of more than 
                one year may be imposed, against the person of another 
                if that crime is a crime of violence as defined in 
                section 16 of title 18, United States Code; and
                    (B) includes any conduct that would constitute a 
                felony described in subparagraph (A) but for the 
                relationship between the person engaging in that 
                conduct and the individual against whom such conduct is 
                directed.
    (c) Limitation and Procedures.--
            (1) Limitation.--Nothing in this section entitles a person 
        to a cause of action under subsection (a) for random acts of 
        violence unrelated to gender or for acts that cannot be 
        demonstrated, by a preponderance of the evidence, to be 
        motivated by gender.
            (2) No prior criminal action.--Nothing in this section 
        requires a prior criminal complaint, prosecution, or conviction 
        to establish the elements of a cause of action under subsection 
        (a).
            (3) Concurrent jurisdiction.--The Federal and State courts 
        shall have concurrent jurisdiction over actions brought 
        pursuant to this Act.
    (d) Materials To Assist Employers.--The Equal Employment 
Opportunity Commission shall create and provide materials to employers 
regarding personnel policies and safety standards to assist employers 
in avoiding liability under this section.
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