[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4015 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 4015

  To provide job protection for victims of domestic violence, dating 
                 violence, sexual assault, or stalking.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 31, 2007

 Ms. Roybal-Allard (for herself and Mr. Poe) introduced the following 
 bill; which was referred to the Committee on Education and Labor, and 
 in addition to the Committees on Oversight and Government Reform, the 
 Judiciary, and House Administration, 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 job protection for victims of domestic violence, dating 
                 violence, sexual assault, or stalking.

    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 ``Job Protection for Survivors Act''.

SEC. 2. DEFINITIONS.

    As used in this Act, the following definitions apply:
            (1) Discriminate.--The term ``discriminate'', used with 
        respect to the terms, conditions, or privileges of employment, 
        includes failing to implement a request from an individual, in 
        response to actual or threatened domestic violence, dating 
        violence, sexual assault, or stalking, for a reasonable safety 
        procedure or a job-related modification to enhance the security 
        of that individual or safeguard the workplace (such as 
        installation of a lock, change of a telephone number or seating 
        assignment, provision of a transfer, provision of leave, 
        modification of a schedule, or adjustment of a work 
        requirement), unless the employer can demonstrate that granting 
        the request would impose an undue hardship on the operation of 
        the employer, or would significantly disrupt other employee's 
        performance of their core job functions.
            (2) Domestic violence.--The terms ``domestic violence'', 
        ``dating violence'', ``sexual assault'', and ``stalking'' have 
        the meanings given such terms in section 40002 of the Violence 
        Against Women Act of 1994 (42 U.S.C. 13925).
            (3) Employee.--
                    (A) In general.--The term ``employee'' means any 
                person employed by an employer. In the case of an 
                individual employed by a public agency, such term means 
                an individual employed as described in section 3(e)(2) 
                of the Fair Labor Standards Act of 1938 (29 U.S.C. 
                203(e)(2)).
                    (B) Basis.--The term includes a person employed as 
                described in subparagraph (A) on a full- or part-time 
                basis, for a fixed time period, on a temporary basis, 
                pursuant to a detail, or as a participant in a work 
                assignment as a condition of receipt of Federal or 
                State income-based public assistance.
            (4) Employer.--The term ``employer''--
                    (A) means any person engaged in commerce or in any 
                industry or activity affecting commerce who employs 15 
                or more individuals;
                    (B) includes any person acting directly or 
                indirectly in the interest of an employer in relation 
                to an employee; and
                    (C) includes a public agency that employs 
                individuals as described in section 3(e)(2) of the Fair 
                Labor Standards Act of 1938, but does not include any 
                labor organization (other than when acting as an 
                employer) or anyone acting in the capacity of officer 
                or agent of such labor organization.
            (5) Employment benefits.--The term ``employment benefits'' 
        means all benefits provided or made available to employees by 
        an employer, including group life insurance, health insurance, 
        disability insurance, sick leave, annual leave, educational 
        benefits, and pensions, regardless of whether such benefits are 
        provided by a practice or written policy of an employer or 
        through an ``employee benefit plan'', as defined in section 
        3(3) of the Employee Retirement Income Security Act of 1974 (29 
        U.S.C. 1002(3)).
            (6) Family or household member.--The term ``family or 
        household member'', used with respect to a person, means an 
        individual who is a spouse, former spouse, parent, son or 
        daughter, or person residing or formerly residing in the same 
        dwelling unit as the person.
            (7) Parent; son or daughter.--The terms ``parent'' and 
        ``son or daughter'' have the meanings given the terms in 
        section 101 of the Family and Medical Leave Act of 1993 (29 
        U.S.C. 2611).
            (8) Reduced leave schedule.--The term ``reduced leave 
        schedule'' means a leave schedule that reduces the usual number 
        of hours per workweek, or hours per workday, of an employee.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (10) Undue hardship.--
                    (A) In general.--The term ``undue hardship'' means 
                an action requiring significant difficulty or expense, 
                when considered in light of the factors set forth in 
                subparagraph (B).
                    (B) Factors to be considered.--In determining 
                whether a reasonable accommodation would impose an 
                undue hardship on the operation of an employer or 
                public agency, factors to be considered include--
                            (i) the nature and cost of the request of 
                        an employee for an accommodation;
                            (ii) the overall financial resources of the 
                        facility involved, the number of persons 
                        employed at such facility, the effect on 
                        expenses and resources, or the impact otherwise 
                        of such accommodation on the operation of the 
                        facility;
                            (iii) the overall financial resources of 
                        the employer or public agency, the overall size 
                        of the business of an employer or public agency 
                        with respect to the number of employees of the 
                        employer or public agency, and the number, 
                        type, and location of the facilities of an 
                        employer or public agency; and
                            (iv) the type of operation of the employer 
                        or public agency, including the composition, 
                        structure, and functions of the workforce of 
                        the employer or public agency, the geographic 
                        separateness of the facility from the employer 
                        or public agency, and the administrative or 
                        fiscal relationship of the facility to the 
                        employer or public agency.
            (11) Victim of domestic violence, dating violence, sexual 
        assault, or stalking.--The term ``victim of domestic violence, 
        dating violence, sexual assault, or stalking'' includes a 
        person who has been a victim of domestic violence, dating 
        violence, sexual assault, or stalking and a person whose family 
        or household member has been a victim of domestic violence, 
        dating violence, sexual assault, or stalking.
            (12) Victim services organization.--The term ``victim 
        services organization'' means a nonprofit, nongovernmental 
        organization that provides assistance to victims of domestic 
        violence, dating violence, sexual assault, or stalking, or to 
        advocates for such victims, including a rape crisis center, an 
        organization carrying out a domestic violence program, an 
        organization operating a shelter or providing counseling 
        services, or a legal services organization or other 
        organization providing assistance through the legal process.

SEC. 3. EMPLOYMENT PROTECTION FOR VICTIMS OF DOMESTIC VIOLENCE, DATING 
              VIOLENCE, SEXUAL ASSAULT, OR STALKING.

    An employer shall not fail to hire, refuse to hire, discharge, or 
harass any individual, or otherwise discriminate against any individual 
with respect to the compensation, terms, conditions, or privileges of 
employment of the individual (including retaliation in any form or 
manner) because--
            (1) the individual involved is or the employer or public 
        agency involved perceives that individual to be a victim of 
        domestic violence, dating violence, sexual assault, or 
        stalking;
            (2) that individual attended, participated in, prepared 
        for, or requested leave to attend, participate in, or prepare 
        for, a criminal or civil court proceeding relating to an 
        incident of domestic violence, dating violence, sexual assault, 
        or stalking of which the individual, or the family or household 
        member of the individual, was a victim;
            (3) that individual, in response to actual or threatened 
        domestic violence, dating violence, sexual assault, or 
        stalking, requested that the employer or public agency 
        implement a reasonable safety procedure or a job-related 
        modification to enhance the security of that individual or 
        safeguard the workplace involved; or
            (4) the workplace is disrupted or threatened by the action 
        of a person whom that individual states has committed or 
        threatened to commit domestic violence, dating violence, sexual 
        assault, or stalking against that individual, or that 
        individual's family or household member.

SEC. 4. ENTITLEMENT TO LEAVE FOR ADDRESSING DOMESTIC VIOLENCE, DATING 
              VIOLENCE, SEXUAL ASSAULT, OR STALKING.

    (a) Entitlement to Leave.--
            (1) In general.--An employee who is a victim of domestic 
        violence, dating violence, sexual assault, or stalking shall be 
        entitled to a total of 15 days of unpaid leave during any 12-
        month period for any of the following:
                    (A) To obtain services from a victim services 
                organization related to an incident of domestic 
                violence.
                    (B) To obtain psychological or other counseling for 
                the employee or the employee's family or household 
                member related to experiences of domestic violence, 
                dating violence, sexual assault, or stalking.
                    (C) To participate in safety planning or take other 
                actions to increase the safety of the employee or the 
                employee's family or household member from future 
                domestic violence, dating violence, sexual assault, or 
                stalking or ensure economic security, including 
                temporarily or permanently relocating.
                    (D) To seek medical attention for injuries caused 
                by domestic violence or sexual assault.
            (2) Leave for court proceedings.--An employee who is a 
        victim of domestic violence, dating violence, sexual assault, 
        or stalking shall be entitled to such leave as is necessary to 
        enable the employee to attend or participate in any civil or 
        criminal legal proceeding resulting from an incident of 
        domestic violence, dating violence, sexual assault, or stalking 
        against that employee, including, seeking to obtain a temporary 
        restraining order, restraining order, or other injunctive 
        relief, or to help ensure the health, safety, or welfare of the 
        victim or his or her child.
    (b) Schedule.--Leave described in subsection (a) may be taken 
intermittently or on a reduced leave schedule. The taking of leave 
intermittently or on a reduced leave schedule shall not result in a 
reduction of the total amount of leave to which the employee is 
entitled under subsection (a).
    (c) Calculation of 12-Motnh Period.--An employer is permitted to 
choose any 1 of the following methods for determining the 12-month 
period in which the 15 days of leave entitlement occurs:
            (1) The calendar year.
            (2) Any fixed 12-month ``leave year'' such as a fiscal 
        year, a year required by State law, or a year starting on the 
        date that is 1 year after the date on which an employee begins 
        employment with that employer.
            (3) The 12-month period measured forward from the first 
        date on which an employee's takes leave under subsection (a).
    (d) Relationship to Paid Leave.--An employee who is entitled to 
take paid or unpaid leave (including family, medical, sick, annual, 
personal, or similar leave) from employment, pursuant to Federal, 
State, or local law, a collective bargaining agreement, or an 
employment benefits program or plan, may elect to substitute any period 
of such leave for an equivalent period of leave provided under 
subsection (a).
    (e) Notice to Employer and Certification.--
            (1) Notice to employer and duties of employee.--In any case 
        in which the necessity for leave under subsection (a) is 
        foreseeable based on a scheduled appointment or planned 
        activity, the employee shall--
                    (A) make a reasonable effort to schedule the 
                appointment or activity so as not to disrupt unduly the 
                operations of the employer; and
                    (B) provide the employer with not less than 15 days 
                notice before the date the leave is to begin, of the 
                employee's intention to take leave under such 
                subsection, except that if such 15 days' notice is not 
                practicable, the employee shall provide the employer 
                with such advanced notice as is practicable.
            (2) Certification.--
                    (A) In general.--The employer may require the 
                employee to provide certification to the employer, 
                within a reasonable period after the employer requests 
                the certification, that--
                            (i) the employee or the employee's family 
                        or household member is a victim of domestic 
                        violence, dating violence, sexual assault, or 
                        stalking; and
                            (ii) the leave is for 1 of the purposes 
                        enumerated in subsection (a).
                    (B) Contents.--An employee may satisfy the 
                certification requirement of subparagraph (A) by 
                providing to the employer--
                            (i) a sworn statement of the employee;
                            (ii) documentation from an employee, agent, 
                        or volunteer of a victim services organization, 
                        an attorney, a member of the clergy, or a 
                        medical or other professional, from whom the 
                        employee or the employee's family or household 
                        member has sought assistance in addressing 
                        domestic violence, dating violence, sexual 
                        assault, or stalking and the effects of 
                        domestic violence, dating violence, sexual 
                        assault, or stalking; or
                            (iii) a police or court record.
            (3) Confidentiality.--All information provided to the 
        employer pursuant to paragraphs (1) or (2), including a 
        statement of the employee or any other documentation, record, 
        or corroborating evidence, and the fact that the employee has 
        requested or obtained leave pursuant to subsection (a), shall 
        be retained in the strictest confidence by the employer, except 
        to the extent that disclosure is--
                    (A) requested or consented to by the employee in 
                writing; or
                    (B) otherwise required by applicable Federal or 
                State law.
    (f) Employment and Benefits.--
            (1) Restoration to position.--Except as provided in 
        paragraph (3), any employee who takes leave under this section 
        for the intended purpose of the leave shall be entitled, on 
        return from such leave--
                    (A) to be restored by the employer to the position 
                of employment held by the employee when the leave 
                commenced; or
                    (B) to be restored to an equivalent position with 
                equivalent employment benefits, pay, and other terms 
                and conditions of employment.
            (2) Loss of benefits.--The taking of leave under this 
        section shall not result in the loss of any employment benefits 
        accrued prior to the date on which the leave commenced.
            (3) Limitations.--Nothing in this subsection shall be 
        construed to entitle any restored employee to--
                    (A) the accrual of any seniority or employment 
                benefits during any period of leave; or
                    (B) any right, benefit, or position of employment 
                other than any right, benefit, or position to which the 
                employee would have been entitled had the employee not 
                taken the leave.
            (4) Construction.--Nothing in this subsection shall be 
        construed to prohibit an employer from requiring an employee on 
        leave under this title to report periodically to the employer 
        on the status and intention of the employee to return to work.

SEC. 5. PROHIBITED ACTS.

    (a) Interference With Rights.--
            (1) Exercise of rights.--It shall be unlawful for any 
        employer to interfere with, restrain, or deny the exercise of 
        or the attempt to exercise, any right provided under section 4.
            (2) Employer discrimination.--It shall be unlawful for any 
        employer to discharge or harass any individual, or otherwise 
        discriminate against any individual with respect to 
        compensation, terms, conditions, or privileges of employment of 
        the individual (including retaliation in any form or manner) 
        because the individual--
                    (A) exercised any right provided under section 4 ; 
                or
                    (B) opposed any practice made unlawful by this Act.
    (b) Interference With Proceedings or Inquiries.--It shall be 
unlawful for any person to discharge or in any other manner 
discriminate (as described in subsection (a)(2)) against any individual 
because such individual--
            (1) has filed any charge, or has instituted or caused to be 
        instituted any proceeding, under or related to this Act;
            (2) has given, or is about to give, any information in 
        connection with any inquiry or proceeding relating to any right 
        provided under this Act; or
            (3) has testified, or is about to testify, in any inquiry 
        or proceeding relating to any right provided under this Act.

SEC. 6. ENFORCEMENT.

    (a) Civil Action by Affected Individuals.--
            (1) Liability.--Any employer who violates section 3 or 5 of 
        this Act shall be liable to any individual affected--
                    (A) for damages equal to--
                            (i) the amount of--
                                    (I) any wages, salary, employment 
                                benefits, or other compensation denied 
                                or lost to such individual by reason of 
                                the violation; or
                                    (II) in a case in which wages, 
                                salary, employment benefits, or other 
                                compensation has not been denied or 
                                lost to the individual, any actual 
                                monetary losses sustained by the 
                                individual as a direct result of the 
                                violation;
                            (ii) the interest on the amount described 
                        in clause (i) calculated at the prevailing 
                        rate; and
                            (iii) an additional amount as liquidated 
                        damages equal to the sum of the amount 
                        described in clause (i) and the interest 
                        described in clause (ii), except that, in the 
                        case of an alleged violation of section 5, if 
                        an employer that has violated section 5 proves 
                        to the satisfaction of the court that the act 
                        or omission that violated section 5 was in good 
                        faith and that the employer had reasonable 
                        grounds for believing that the act or omission 
                        was not a violation of section 5, such court 
                        may, in the discretion of the court, reduce the 
                        amount of the liability to the amount and 
                        interest determined under clauses (i) and (ii), 
                        respectively; and
                    (B) for such equitable relief as may be 
                appropriate, including employment, reinstatement, and 
                promotion.
            (2) Right of action.--An action to recover the damages or 
        equitable relief prescribed in paragraph (1) may be maintained 
        against any employer in any Federal or State court of competent 
        jurisdiction by any 1 or more affected individuals for and on 
        behalf of--
                    (A) the individuals; or
                    (B) the individuals and other individuals similarly 
                situated.
            (3) Fees and costs.--The court in such an action shall, in 
        addition to any judgment awarded to the plaintiff, allow a 
        reasonable attorney's fee, reasonable expert witness fees, and 
        other costs of the action to be paid by the defendant.
            (4) Limitations.--The right provided by paragraph (2) to 
        bring an action by or on behalf of any affected individual 
        shall terminate--
                    (A) on the filing of a complaint by the Secretary 
                in an action under subsection (d) in which restraint is 
                sought of any further delay in the payment of the 
                amount described in paragraph (1)(A) to such individual 
                by an employer responsible under paragraph (1) for the 
                payment; or
                    (B) on the filing of a complaint by the Secretary 
                in an action under subsection (b) in which a recovery 
                is sought of the damages described in paragraph (1)(A) 
                owing to an affected individual by an employer liable 
                under paragraph (1),
        unless the action described in subparagraph (A) or (B) is 
        dismissed without prejudice on motion of the Secretary.
    (b) Action by the Secretary of Labor.--
            (1) Administrative action.--The Secretary shall receive, 
        investigate, and attempt to resolve complaints of violations of 
        section 3 or 5 in the same manner as the Secretary receives, 
        investigates, and attempts to resolve complaints of violations 
        of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 
        U.S.C. 206 and 207).
            (2) Civil action.--The Secretary may bring an action in any 
        court of competent jurisdiction to recover the damages 
        described in subsection (a)(1)(A).
            (3) Sums recovered.--Any sums recovered by the Secretary 
        pursuant to paragraph (2) shall be held in a special deposit 
        account and shall be paid, on order of the Secretary, directly 
        to each individual affected. Any such sums not paid to such an 
        individual because of inability to do so within a period of 3 
        years shall be deposited into the Treasury of the United States 
        as miscellaneous receipts.
    (c) Limitation.--
            (1) In general.--Except as provided in paragraph (2), an 
        action may be brought under this subsection not later than 2 
        years after the date of the last event constituting the alleged 
        violation for which the action is brought.
            (2) Willful violation.--In the case of such action brought 
        for a willful violation of section 5, such action may be 
        brought within 3 years after the date of the last event 
        constituting the alleged violation for which such action is 
        brought.
            (3) Commencement.--In determining when an action is 
        commenced by the Secretary under this subsection for the 
        purposes of this paragraph, it shall be considered to be 
        commenced on the date when the complaint is filed.
    (d) Action for Injunction by Secretary.--The district courts of the 
United States shall have jurisdiction, for cause shown, in an action 
brought by the Secretary--
            (1) to restrain violations of section 3 or 5, including the 
        restraint of any withholding of payment of wages, salary, 
        employment benefits, or other compensation, plus interest, 
        found by the court to be due to affected individuals; or
            (2) to award such other equitable relief as may be 
        appropriate, including employment, reinstatement, and 
        promotion.
    (e) Solicitor of Labor.--The Solicitor of Labor may appear for and 
represent the Secretary on any litigation brought under this 
subsection.
    (f) Certain Public Agency Employers.--
            (1) Agencies.--Notwithstanding any other provision of this 
        section, in the case of a public agency that employs 
        individuals as described in subparagraph (A) or (B) of section 
        3(e)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
        203(e)(2)), paragraph (2) shall apply.
            (2) Authority.--In the case described in paragraph (1), the 
        powers, remedies, and procedures provided in the case of a 
        violation of chapter 63 of title 5, United States Code, in that 
        title to an employing agency, in chapter 12 of that title to 
        the Merit Systems Protection Board, or in that title to any 
        person alleging a violation of chapter 63 of that title, shall 
        be the powers, remedies, and procedures this subsection 
        provides in the case of a violation of section 3 or 5 to that 
        agency, that Board, or any person alleging a violation of 
        section 3 or 5, respectively, against an employee who is such 
        an individual.

SEC. 7. SECRETARY OF LABOR REGULATIONS.

    Not later than 120 days after the date of the enactment of this 
Act, the Secretary of Labor shall prescribe such regulations as are 
necessary to carry out this Act.

SEC. 8. RELATIONSHIP TO STATE LAWS.

    This Act supersedes any provision of a statute, regulation, or rule 
of a State or political subdivision of a State which provides similar 
protections and entitlements as provided by this Act, except to the 
extent that such statute, regulation, or rule provides--
            (1) greater protection to an individual than that provided 
        by section 3; or
            (2) an entitlement to leave that exceeds that provided 
        under section 5.
                                 <all>