[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 404 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 404

  To amend title IX of the Education Amendments of 1972 to impose on 
 employers responsibility for conduct of their employees under certain 
                             circumstances.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 19, 1999

 Ms. Norton (for herself and Ms. Kilpatrick) introduced the following 
    bill; which was referred to the Committee on Education and the 
                               Workforce

_______________________________________________________________________

                                 A BILL


 
  To amend title IX of the Education Amendments of 1972 to impose on 
 employers responsibility for conduct of their employees under certain 
                             circumstances.

    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 ``Student Protection From Sexual Abuse 
Act of 1999''.

SEC. 2. AMENDMENT.

    Title IX of the Education Amendments of 1972 (20 U.S.C. 1681-1688) 
is amended by adding at the end the following:

                     ``responsibility of employers

    ``Sec. 910. (a) Subject to subsection (b), an employer shall be 
vicariously liable under this title to an individual who is not an 
employee of such employer, for the conduct of an employee if--
            ``(1) such conduct would have violated this title if 
        engaged in by such employer; and
            ``(2)(A) such employee was aided in accomplishing such 
        conduct by--
                    ``(i) the existence of an agency relationship with 
                such employer; or
                    ``(ii) the approval of such employer; or
            ``(B) such employer--
                    ``(i) knew, or in the exercise of reasonable care 
                should have known, of such conduct; and
                    ``(ii) did not take action to cause the cessation 
                of such conduct.
    ``(b) If the conduct referred to in subsection (a) of an employee 
does not result in a tangible consequence to the individual aggrieved 
by a violation of this title, it shall be an affirmative defense to 
liability of an employer established under subsection (a)(2)(A)(i) for 
damages that--
            ``(1) such employer--
                    ``(A) communicated to such employee and to the 
                individual aggrieved by such violation, such employer's 
                policy against conduct that constitutes a violation of 
                this title; and
                    ``(B) established, and made available to such 
                individual, complaint procedures to prevent such 
                conduct and such violation; and
            ``(2) such individual did not use such procedures to 
        prevent the violation by which such individual is aggrieved.
    ``(c) The court may award such legal and equitable relief as may be 
appropriate for a claim established under this section.''.
                                 <all>