[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4902 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4902

    To prevent discrimination, including harassment, in employment.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2024

   Mrs. Murray (for herself, Ms. Hirono, Mr. Brown, Ms. Baldwin, Mr. 
    Blumenthal, Mr. Booker, Ms. Butler, Mr. Cardin, Mr. Durbin, Mr. 
Fetterman, Mrs. Gillibrand, Mr. Heinrich, Mr. Kaine, Ms. Klobuchar, Mr. 
   Lujan, Mr. Markey, Mr. Merkley, Mr. Padilla, Mr. Sanders, Mr. Van 
   Hollen, Ms. Warren, Mr. Whitehouse, and Mr. Wyden) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
    To prevent discrimination, including harassment, in employment.

    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 ``Bringing an End to Harassment by 
Enhancing Accountability and Rejecting Discrimination in the Workplace 
Act'' or the ``BE HEARD in the Workplace Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Purposes.
TITLE I--RESEARCHING AND PREVENTING WORKPLACE DISCRIMINATION, INCLUDING 
                      HARASSMENT; TIPPED EMPLOYEES

Sec. 100. Definitions.
 Subtitle A--Preventing Workplace Discrimination, Including Harassment

Sec. 101. Mandatory nondiscrimination policies.
Sec. 102. Nondiscrimination training.
Sec. 103. Resource materials on policies and trainings for small 
                            businesses.
Sec. 104. Education, training, and technical assistance to employers.
Sec. 105. Task force regarding harassment.
Sec. 106. Resource materials on employment climate assessments.
Sec. 107. Establishing an Office of Education and Outreach within the 
                            Equal Employment Opportunity Commission.
Sec. 108. Relationship to other laws.
Sec. 109. Authorization of appropriations.
Subtitle B--Research and Additional Resources for Harassment Prevention

Sec. 111. National prevalence survey on harassment in employment.
Sec. 112. Study and report on harassment in the Federal Government.
Sec. 113. Studies, reports, and further research.
         Subtitle C--Preventing Harassment of Tipped Employees

Sec. 121. Tipped employees.
                TITLE II--STRENGTHENING WORKPLACE RIGHTS

Sec. 201. Clarifying sexual orientation discrimination and gender 
                            identity discrimination are unlawful sex 
                            discrimination.
Sec. 202. Covered employers.
Sec. 203. Compensatory and punitive damages available.
Sec. 204. Discrimination, including harassment; standards of proof.
Sec. 205. Clarifying other standards of proof.
Sec. 206. Supervisor liability.
Sec. 207. Extending the statutes of limitations.
Sec. 208. Extending the time limitations on Federal employees filing a 
                            complaint.
      TITLE III--BROADENING PROTECTIONS AND ENSURING TRANSPARENCY

Sec. 301. Independent contractors, interns, fellows, volunteers, and 
                            trainees.
Sec. 302. Nondisclosure agreements.
Sec. 303. Prohibition on mandatory arbitration and protection of 
                            concerted legal action.
Sec. 304. Federal contractor compliance with labor and civil rights 
                            laws.
    TITLE IV--NATIONWIDE GRANTS TO PREVENT AND RESPOND TO WORKPLACE 
                  DISCRIMINATION, INCLUDING HARASSMENT

Sec. 401. Definitions.
 Subtitle A--National Grants for Preventing and Addressing Employment 
                  Discrimination, Including Harassment

Sec. 411. Definitions.
Sec. 412. Grants.
Sec. 413. Authorization of appropriations.
     Subtitle B--Grants for Legal Assistance for Low-Income Workers

Sec. 421. Definitions.
Sec. 422. Grants for civil legal needs related to employment 
                            discrimination.
Sec. 423. Authorization of appropriations.
           Subtitle C--Grants for a System of State Advocacy

Sec. 431. Purpose.
Sec. 432. Definitions.
Sec. 433. Allotments and payments.
Sec. 434. System required.
Sec. 435. Administration.
Sec. 436. Authorization of appropriations.
                      TITLE V--GENERAL PROVISIONS

Sec. 501. Severability.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to prevent and reduce prohibited discrimination, 
        including harassment, in employment;
            (2) to prevent and reduce discriminatory, including 
        harassing, conduct in the workplace;
            (3) to identify and implement best practices in creating a 
        workplace free from discrimination, including harassment;
            (4) to update and clarify certain employment 
        nondiscrimination laws; and
            (5) to expand workers' access to counsel and advocacy 
        services to protect the legal and human rights of workers by 
        preventing and reducing discrimination, including harassment, 
        and responding to violations of worker's rights.

TITLE I--RESEARCHING AND PREVENTING WORKPLACE DISCRIMINATION, INCLUDING 
                      HARASSMENT; TIPPED EMPLOYEES

SEC. 100. DEFINITIONS.

    In subtitles A and B:
            (1) Commission.--The term ``Commission'' means the Equal 
        Employment Opportunity Commission.
            (2) Employer.--The term ``employer'' has the meaning given 
        the term in section 701 of the Civil Rights Act of 1964 (42 
        U.S.C. 2000e), as amended by section 202 of this Act.

 Subtitle A--Preventing Workplace Discrimination, Including Harassment

SEC. 101. MANDATORY NONDISCRIMINATION POLICIES.

    (a) Policies.--
            (1) In general.--Beginning not later than 1 year after the 
        date of enactment of this Act, each employer who has 15 or more 
        employees shall adopt, maintain, and periodically review a 
        comprehensive nondiscrimination policy, which shall establish 
        policies and procedures concerning prohibited discrimination, 
        including harassment, in employment.
            (2) Dissemination and posting.--The employer shall 
        disseminate the comprehensive nondiscrimination policy to each 
        employee at the beginning of employment, annually, and on the 
        issuance of any update to the comprehensive nondiscrimination 
        policy. The employer shall post the comprehensive 
        nondiscrimination policy in prominent locations, including in a 
        prominent location on the employer's website.
    (b) Contents.--At a minimum, the comprehensive nondiscrimination 
policy shall include--
            (1) a definition of prohibited discrimination, including 
        harassment, in employment;
            (2) a description of the types of behaviors prohibited by 
        the policy;
            (3) the identification of multiple individuals to whom an 
        employee may report such discrimination, and the contact 
        information for those individuals;
            (4) a description of multiple methods for reporting such 
        discrimination;
            (5) a general description of how the employer will conduct 
        prompt, thorough, and impartial investigations and respond to 
        complaints regarding such discrimination;
            (6) a prohibition against retaliation related to such 
        discrimination, including disclosing, reporting, or challenging 
        such discrimination;
            (7) a description of the confidentiality protections 
        available for such discrimination complaints;
            (8) a description of potential consequences for violating 
        the policy; and
            (9) any additional components required by the Commission 
        for the purpose of preventing such discrimination.
    (c) Accessibility.--The comprehensive nondiscrimination policy 
shall be made available in plain English and in an accessible manner 
for individuals with disabilities and for individuals who primarily 
speak a language other than English.
    (d) Enforcement.--
            (1) In general.--Subject to paragraph (2), an employer who 
        fails to comply with this section shall be fined not more than 
        $1,000 for each separate offense.
            (2) Repeated or willful violations.--An employer who 
        repeatedly or willfully fails to comply with this section shall 
        be fined not less than $5,000 for each separate offense.
    (e) Regulations.--The Commission shall have authority to promulgate 
regulations to carry out this section.

SEC. 102. NONDISCRIMINATION TRAINING.

    (a) In General.--The Commission shall promulgate regulations--
            (1) to require appropriate employers, as determined by the 
        Commission, to provide--
                    (A) in-person or other interactive training for 
                each employee regarding discriminatory, including 
                harassing, behaviors in employment; and
                    (B) training specifically designed for supervisors 
                regarding the prevention of and response to 
                discrimination (including harassment) in employment, 
                including retaliation; and
            (2) to identify specific elements of such training.
    (b) Required Training.--The requirements described in subsection 
(a) shall be based on research on effective training.
    (c) Enforcement.--The Commission shall issue remedies for 
noncompliance by regulation.

SEC. 103. RESOURCE MATERIALS ON POLICIES AND TRAININGS FOR SMALL 
              BUSINESSES.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Commission shall make publicly available resource 
materials on comprehensive nondiscrimination policies and trainings on 
such policies for employers with fewer than 15 employees.
    (b) Contents.--Such resource materials shall include, at a 
minimum--
            (1) model comprehensive nondiscrimination policies 
        concerning prohibited discrimination, including harassment, in 
        employment, as described in section 101, for use by employers 
        with fewer than 15 employees, which shall--
                    (A) be designed to be easily distributed by such 
                employers to employees;
                    (B) take into account the resources available to 
                such employers;
                    (C) take into account the particular needs of 
                employees of such employers;
                    (D) be made available in plain English and in 
                accessible formats for individuals with disabilities 
                and for individuals who primarily speak a language 
                other than English;
                    (E) include a definition of prohibited 
                discrimination, including harassment, in employment;
                    (F) include examples of prohibited discriminatory, 
                including harassing, behaviors;
                    (G) describe how the employer may conduct prompt, 
                thorough, and impartial investigations and respond to 
                complaints regarding such prohibited discrimination;
                    (H) include a prohibition against retaliation 
                related to such discrimination;
                    (I) include policies that reflect the needs of a 
                variety of different types of workplaces, including 
                those with differing work structures, facilities, or 
                tasks;
                    (J) describe behaviors that would constitute 
                retaliation; and
                    (K) include a description of potential consequences 
                for violating the comprehensive nondiscrimination 
                policy; and
            (2) model trainings regarding prohibited discrimination, 
        including harassment, in employment, as described in section 
        102, for use by employers with fewer than 15 employees, which 
        shall--
                    (A) take into account the resources available to 
                such employers;
                    (B) take into account the particular needs of 
                employees of such employers;
                    (C) be made available in plain English and in 
                accessible formats for individuals with disabilities 
                and for individuals who primarily speak a language 
                other than English;
                    (D) be made available in an online format that is 
                widely available to such employers and employees of 
                such employers;
                    (E) include an explanation of prohibited 
                discrimination, including harassment, in employment, 
                including retaliation related to such discrimination;
                    (F) describe the affirmative behaviors that 
                contribute to preventing and reducing discrimination, 
                including harassment, in employment;
                    (G) include trainings designed to address the needs 
                of a variety of workplaces, including those with 
                differing work structures, facilities, and tasks;
                    (H) include best practices for preventing 
                prohibited discrimination, including harassment, 
                specific to industries in which the Commission 
                determines that discrimination, including harassment, 
                is particularly prevalent or severe; and
                    (I) include any additional information the 
                Commission determines may prevent discrimination, 
                including harassment, of employees.
    (c) Individualization.--The Commission shall ensure that resource 
materials under this section are designed to facilitate individual 
employers to customize training to address the needs of their 
workplaces, including differing work structures, facilities, and tasks.

SEC. 104. EDUCATION, TRAINING, AND TECHNICAL ASSISTANCE TO EMPLOYERS.

    The Commission shall have the authority to--
            (1) reasonably adjust the fees the Commission charges for 
        any education, technical assistance, or training the Commission 
        offers through the Technical Assistance Training Institute 
        established in accordance with section 705(j)(1) of the Civil 
        Rights Act of 1964 (42 U.S.C. 2000e-4(j)(1));
            (2) use the materials developed by the Commission for any 
        education, technical assistance, or training offered by the 
        Commission in accordance with that section in any education and 
        outreach activities carried out by the Commission; and
            (3) use funds from the Commission's EEOC Education, 
        Technical Assistance, and Training Revolving Fund, established 
        under section 705(k) of the Civil Rights Act of 1964 (42 U.S.C. 
        2000e-4(k)), to pay the full salaries of any Commission 
        employees that develop and administer any education, technical 
        assistance, or training programs offered by the Commission in 
        connection with activities under this Act.

SEC. 105. TASK FORCE REGARDING HARASSMENT.

    (a) In General.--The Commission shall establish and periodically 
convene a harassment prevention task force (referred to in this section 
as the ``Task Force'') to study prohibited harassment in employment.
    (b) Membership.--The Task Force established under subsection (a) 
shall include membership that reflects a broad diversity of experience 
and expertise relating to prohibited harassment, including--
            (1) employee advocates;
            (2) researchers with expertise in organizational culture 
        change or reducing behavior related to harassment;
            (3) legal practitioners with professional expertise related 
        to harassment litigation on behalf of employees;
            (4) legal practitioners with experience serving as a chief 
        legal officer or human resource officer in a corporate legal 
        department;
            (5) individuals with expertise in diversity and inclusion 
        initiatives;
            (6) individuals who have experienced prohibited harassment 
        in employment; and
            (7) labor organization leaders.
    (c) Duties.--The Task Force shall--
            (1) identify strategies and recommend proposals to prevent 
        prohibited harassment in employment; and
            (2) provide guidance on effective strategies to prevent 
        prohibited harassment that are specific to industries in which 
        the Task Force determines that harassment is particularly 
        prevalent or severe.
    (d) Report.--Not less than once every 5 years, the Commission shall 
prepare and publish a report on the Commission's website, which shall 
be based on the work of the Task Force and shall include--
            (1) a review of the prevalence of prohibited harassment in 
        employment, including the results of the national prevalence 
        survey described in section 111;
            (2) recommendations for Federal, State, and local 
        initiatives, reforms, and legislation to prevent prohibited 
        harassment in employment;
            (3) assessments of the effectiveness of employment policies 
        designed to prevent prohibited harassment in employment by 
        changing behavior and culture;
            (4) assessments of the effectiveness of processes for 
        investigations into prohibited harassment in employment;
            (5) assessments of the effectiveness of different types of 
        training to reduce and prevent harassment in employment; and
            (6) assessments of the effectiveness of other proactive 
        initiatives and interventions to reduce and prevent harassment 
        in employment.

SEC. 106. RESOURCE MATERIALS ON EMPLOYMENT CLIMATE ASSESSMENTS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Commission shall develop and make publicly available 
resource materials for employers on assessing the employment climate, 
including the occurrence of prohibited harassment in employment, in 
order to assist such employers in determining the effectiveness of 
measures the employer takes to prevent and address prohibited 
harassment in employment.
    (b) Employment Climate Survey.--Such resource materials shall 
include a model survey regarding prohibited harassment in employment, 
which shall be available for an employer to use (at the employer's 
discretion and employer's expense) in order to assess the employment 
climate. The model survey shall be--
            (1) designed to assess employees' experiences related to 
        prohibited harassment in employment;
            (2) fair, unbiased, and scientifically valid to the 
        greatest extent practicable;
            (3) designed to solicit confidential submissions and to 
        provide data without revealing personally identifiable 
        information; and
            (4) inclusive of individuals required to be afforded 
        protection under section 301.
    (c) Contents.--The model survey may include--
            (1) questions designed to assess the prevalence of 
        prohibited harassment in employment;
            (2) questions designed to understand whether employees have 
        access to and are familiar with the employer's 
        nondiscrimination, including anti-harassment, policies and 
        procedures;
            (3) questions to assess the employment climate; and
            (4) any additional questions the Commission determines are 
        consistent with the purposes of this section.
    (d) Mandatory Employee Participation Prohibited.--An employer may 
not compel or require employees to participate in a survey regarding 
prohibited discrimination, including harassment, in employment.
    (e) Review and Revision.--The Commission shall periodically review 
and revise the resource materials described in subsection (a) and the 
model survey developed under subsection (b).

SEC. 107. ESTABLISHING AN OFFICE OF EDUCATION AND OUTREACH WITHIN THE 
              EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.

    (a) In General.--The Commission shall establish and maintain an 
Office of Education and Outreach to--
            (1) conduct outreach and education concerning prohibited 
        discrimination, including harassment, in employment under 
        Federal civil rights laws and available resources and remedies 
        relating to those laws; and
            (2) conduct a multi-year public awareness campaign to 
        improve public awareness of the Commission, which shall include 
        disseminating information about--
                    (A) the purpose of the Commission;
                    (B) the resources available through the Commission 
                to prevent prohibited discrimination, including 
                harassment, in employment;
                    (C) the ways in which an individual can file a 
                complaint with the Commission; and
                    (D) the process by which the Commission 
                investigates charges of discrimination.
    (b) Information Disseminated.--The information disseminated in 
accordance with subsection (a)(2) shall be made available in plain 
English and in an accessible manner for individuals with disabilities 
and for individuals who primarily speak a language other than English.

SEC. 108. RELATIONSHIP TO OTHER LAWS.

    Compliance with section 101 or 102, or use of materials provided 
under this subtitle, is not an affirmative defense under applicable 
employment nondiscrimination laws.

SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Commission such sums 
as may be necessary to carry out the Commission's duties and 
activities, including such duties and activities authorized under this 
subtitle.

Subtitle B--Research and Additional Resources for Harassment Prevention

SEC. 111. NATIONAL PREVALENCE SURVEY ON HARASSMENT IN EMPLOYMENT.

    (a) Survey.--The Bureau of the Census, the Commission, and the 
Bureau of Labor Statistics shall jointly develop a national prevalence 
survey on the prevalence of prohibited harassment in employment 
(referred to in this section as the ``national prevalence survey''). 
Such survey shall be administered by the Bureau of the Census not later 
than 1 year after the date of enactment of this Act, and every 3 years 
thereafter.
    (b) Contents.--The national prevalence survey shall include 
questions designed to collect such information from individuals as may 
be necessary to examine existing beliefs, attitudes, and understanding 
of prohibited harassment in employment, and the extent to which such 
harassment is experienced or observed by individuals, supervisors, and 
employers, including the information necessary for the report described 
in subsection (c).
    (c) Report.--
            (1) In general.--Not later than 6 months after each 
        national prevalence survey has been administered, the Bureau of 
        the Census, the Commission, and the Bureau of Labor Statistics 
        shall jointly prepare and submit to the Committee on Health, 
        Education, Labor, and Pensions of the Senate and the Committee 
        on Education and the Workforce of the House of Representatives 
        a report on the results of that survey.
            (2) Required information.--The report under this subsection 
        shall include, at minimum--
                    (A) information about the extent to which 
                individuals experience prohibited harassment in 
                employment on the basis of sex (including sexual 
                orientation, gender identity, sex stereotype, sex 
                characteristics, and pregnancy, childbirth, or related 
                medical conditions), race, color, religion, national 
                origin, age, disability, genetic information, and 
                uniformed service status, and information about the 
                interaction of different characteristics that may be 
                the basis of harassment in employment;
                    (B) information about the prevalence of each such 
                form of prohibited harassment in employment, 
                disaggregated by industry and salary level, including 
                across all wage bands; and
                    (C) an analysis of the economic impacts of 
                prohibited harassment.
            (3) Disaggregation of sex-based harassment.--The report 
        under this subsection shall separately, and in the aggregate, 
        report each of the following bases of sex harassment:
                    (A) Sexual orientation.
                    (B) Gender identity.
                    (C) Pregnancy.
                    (D) Childbirth.
                    (E) A medical condition related to pregnancy or 
                childbirth.
                    (F) A sex stereotype.
                    (G) Sexual in nature.
            (4) Public availability.--The report shall be made publicly 
        available on the websites of the Bureau of the Census, the 
        Commission, and the Bureau of Labor Statistics.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated for the Bureau of the Census to carry out this section 
such sums as may be necessary for each fiscal year the national 
prevalence survey is to be administered under subsection (a) or the 
report is to be submitted under subsection (c).

SEC. 112. STUDY AND REPORT ON HARASSMENT IN THE FEDERAL GOVERNMENT.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, and not less than once every 3 years thereafter, the Merit 
Systems Protection Board shall prepare and submit to the Committee on 
Health, Education, Labor, and Pensions of the Senate and the Committee 
on Education and the Workforce of the House of Representatives a report 
containing the following information:
            (1) The prevalence of specific behaviors associated with 
        prohibited harassment in employment among Federal employees, 
        including information about such behaviors disaggregated by 
        each wage band.
            (2) The impact of prohibited harassment in employment and 
        violations of Federal civil rights laws on the Federal 
        Government, in terms of monetary costs, attrition, and morale.
            (3) The particular impact of prohibited harassment in 
        employment on the experience of Federal employees with 
        disabilities.
            (4) Working in coordination with the Commission's Office of 
        Federal Operations, a description of the differences in Federal 
        agency policies, strategies, reporting mechanisms, training 
        programs, and other practices regarding preventing and 
        addressing prohibited harassment in employment.
            (5) A description of which policies, strategies, reporting 
        mechanisms, training programs, and other practices described in 
        paragraph (4) have prevented, addressed, or reduced prohibited 
        harassment in employment.
            (6) Working in coordination with the Commission's Office of 
        Federal Operations, joint recommendations from such Office and 
        the Merit Systems Protection Board to Federal agencies on how 
        to prevent and address prohibited harassment in employment.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Merit Systems Protection Board such sums as may be 
necessary to carry out this section.

SEC. 113. STUDIES, REPORTS, AND FURTHER RESEARCH.

    (a) Study and Report on Enforcement of Nondiscrimination Laws 
Prohibiting Harassment Laws.--Not later than 1 year after the date of 
enactment of this Act, the United States Commission on Civil Rights 
shall prepare and submit to the Committee on Health, Education, Labor, 
and Pensions of the Senate and the Committee on Education and the 
Workforce of the House of Representatives a report that shall examine 
enforcement of the nondiscrimination laws prohibiting harassment 
including--
            (1) trends in enforcement of such laws;
            (2) barriers to effective enforcement of such laws;
            (3) best practices in enforcement of such laws;
            (4) recommendations about how to improve enforcement of 
        such laws, including whether establishing individual liability 
        for harassment in employment would improve enforcement of such 
        laws; and
            (5) how the experience of harassment for employees and 
        individuals required to be afforded protections under section 
        301 has changed over time since the passage of such laws.
    (b) Study and Report on Prevention of Harassment in Employment.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, the Director of the National Institutes 
        of Health shall seek to enter into an agreement with the 
        National Academies of Sciences, Engineering, and Medicine, 
        through which the National Academies of Sciences, Engineering, 
        and Medicine shall conduct a study on preventing and addressing 
        prohibited harassment in employment.
            (2) Contents.--Such study shall include--
                    (A) an evaluation of the existing research of the 
                causes of prohibited harassment in employment, 
                including retaliation related to such harassment, and 
                gaps in such research;
                    (B) a review of the existing research regarding how 
                prohibited harassment in employment impacts 
                individuals;
                    (C) an evaluation of the existing research on 
                training to prevent prohibited harassment in 
                employment, including essential components of effective 
                training to prevent such prohibited harassment, 
                including retaliation, and gaps in such research;
                    (D) an assessment of the efficacy and availability 
                of training models and programs to prevent prohibited 
                harassment in employment;
                    (E) the identification of employment or societal 
                factors that increase the likelihood of prohibited 
                harassment in employment, particularly across 
                industries with a high number of individuals who are 
                vulnerable to experiencing such prohibited harassment, 
                including whether diversity in leadership positions 
                within an organization reduces the likelihood of such 
                prohibited harassment;
                    (F) an examination of methods of inducing, scaling, 
                and sustaining institutional or organizational change 
                to prevent prohibited harassment in employment;
                    (G) an analysis of policies, strategies, and 
                practices that have been the most successful in 
                preventing and addressing prohibited harassment in 
                employment; and
                    (H) any other information or analysis necessary to 
                identify the gaps in research and other measures 
                described in subsection (c).
            (3) Report.--Through an agreement under paragraph (1), not 
        later than 1 year after the date of enactment of this Act, the 
        National Academies of Sciences, Engineering, and Medicine shall 
        prepare and submit to the Committee on Health, Education, 
        Labor, and Pensions of the Senate, the Committee on Education 
        and the Workforce of the House of Representatives, and the 
        Director of the National Institutes of Health, a report 
        containing the results of the study conducted under this 
        subsection and make recommendations to Congress, executive 
        branch agencies, private employers, and researchers. Such 
        recommendations shall include ways that such training to 
        prevent prohibited harassment in employment could be improved 
        to result in behavioral and cultural changes that prevent and 
        reduce behaviors associated with prohibited harassment in 
        employment. The report and recommendations under this paragraph 
        shall be made publicly available.
    (c) Supporting Further Research on Preventing and Understanding 
Harassment in Employment.--
            (1) In general.--Not later than 6 months after the 
        submission of the report under subsection (b)(3), the Director 
        of the National Institutes of Health, in consultation with the 
        Commission and the Secretary of Labor, shall enter into 
        agreements (including through the use of grants, contracts, 
        cooperative agreements, or other transactions) to support 
        research regarding--
                    (A) the gaps identified in such report in research 
                on the causes of prohibited harassment in employment, 
                including retaliation related to such harassment;
                    (B) the gaps identified in such report in research 
                on the psychological sequelae of prohibited harassment 
                in employment, including retaliation related to such 
                harassment;
                    (C) gaps identified in such report in research on 
                special populations and the risk for prohibited 
                harassment in employment, including retaliation related 
                to such harassment, including such research with 
                respect to special populations, including adolescents, 
                older individuals, racial and ethnic minorities, 
                individuals with disabilities, women, and other 
                populations that could be disproportionately affected 
                by such prohibited harassment in employment, and 
                retaliation related to such harassment;
                    (D) gaps identified in such report in research on 
                prohibited harassment in employment, including 
                retaliation related to such harassment, as a risk 
                factor for various mental health problems;
                    (E) gaps identified in such report in research on 
                sociocultural correlations within prohibited harassment 
                in employment, including retaliation related to such 
                harassment; and
                    (F) systematic and quantifiable measures to 
                evaluate prevention strategies for victims and 
                perpetrators of prohibited harassment in employment, 
                including retaliation related to such harassment.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to the National Institutes of Health to 
        carry out this subsection such sums as may be necessary.

         Subtitle C--Preventing Harassment of Tipped Employees

SEC. 121. TIPPED EMPLOYEES.

    (a) Base Minimum Wage for Tipped Employees and Tips Retained by 
Employees.--Section 3(m)(2)(A)(i) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 203(m)(2)(A)(i)) is amended to read as follows:
                            ``(i) the cash wage paid such employee, 
                        which for purposes of such determination shall 
                        be not less than--
                                    ``(I) for the 1-year period 
                                beginning on the effective date under 
                                subsection (e), $3.60 an hour;
                                    ``(II) for each succeeding 1-year 
                                period until the hourly wage under this 
                                clause equals the wage in effect under 
                                section 6(a)(1) for such period, an 
                                hourly wage equal to the amount 
                                determined under this clause for the 
                                preceding year, increased by the lesser 
                                of--
                                            ``(aa) $1.50; or
                                            ``(bb) the amount necessary 
                                        for the wage in effect under 
                                        this clause to equal the wage 
                                        in effect under section 6(a)(1) 
                                        for such period, rounded up to 
                                        the nearest multiple of $0.05; 
                                        and
                                    ``(III) for each succeeding 1-year 
                                period after the increase made pursuant 
                                to subclause (II), the minimum wage in 
                                effect under section 6(a)(1); and''.
    (b) Tips Retained by Employees.--Section 3(m)(2)(A) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)) is amended--
            (1) in the second sentence of the matter following clause 
        (ii), by striking ``of this subsection, and all tips received 
        by such employee have been retained by the employee'' and 
        inserting ``of this subsection. Any employee shall have the 
        right to retain any tips received by such employee''; and
            (2) by adding at the end the following: ``An employer shall 
        inform each employee of the right and exception provided under 
        the preceding sentence.''.
    (c) Publication of Notice.--Section 6 of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 206) is amended by adding at the end the 
following:
    ``(h) Not later than 60 days prior to the effective date of any 
increase in the required wage determined in accordance with subclause 
(II) or (III) of section 3(m)(2)(A)(i), the Secretary shall publish in 
the Federal Register and on the website of the Department of Labor a 
notice announcing each increase in such required wage.''.
    (d) Scheduled Repeal of Separate Minimum Wage for Tipped 
Employees.--
            (1) Tipped employees.--Section 3(m)(2)(A) of the Fair Labor 
        Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)), as amended by 
        subsections (a) and (b), is further amended by striking the 
        sentence beginning with ``In determining the wage an employer 
        is required to pay a tipped employee,'' and all that follows 
        through ``of this subsection.'' and inserting ``The wage 
        required to be paid to a tipped employee shall be the wage set 
        forth in section 6(a)(1).''.
            (2) Publication of notice.--Section 6 of the Fair Labor 
        Standards Act of 1938 (29 U.S.C. 206), as amended by subsection 
        (c), is further amended by striking subsection (h).
            (3) Effective date.--The amendments made by paragraphs (1) 
        and (2) shall take effect on the date that is one day after the 
        date on which the hourly wage under subclause (III) of section 
        3(m)(2)(A)(i) of the Fair Labor Standards Act of 1938 (29 
        U.S.C. 203(m)(2)(A)(i)), as amended by subsection (a), takes 
        effect.
    (e) Effective Date.--Except as provided in subsection (d)(3), this 
section and the amendments made by this section shall take effect on 
the first day of the third month that begins after the date of 
enactment of this Act.

                TITLE II--STRENGTHENING WORKPLACE RIGHTS

SEC. 201. CLARIFYING SEXUAL ORIENTATION DISCRIMINATION AND GENDER 
              IDENTITY DISCRIMINATION ARE UNLAWFUL SEX DISCRIMINATION.

    (a) Employment.--
            (1) Rules of construction.--Title VII of the Civil Rights 
        Act of 1964 is amended by inserting after section 701 (42 
        U.S.C. 2000e) the following:

``SEC. 701A. RULES OF CONSTRUCTION.

    ``Section 1106 shall apply to this title except that for purposes 
of that application, a reference in that section to an `unlawful 
practice' shall be considered to be a reference to an `unlawful 
employment practice'.''.
            (2) Unlawful employment practices.--Section 703 of the 
        Civil Rights Act of 1964 (42 U.S.C. 2000e-2) is amended--
                    (A) in the section header, by striking ``sex,'' and 
                inserting ``sex (including sexual orientation, gender 
                identity, sex stereotype, sex characteristics, and 
                pregnancy, childbirth, or related medical 
                conditions),'';
                    (B) except in subsection (e), by striking ``sex,'' 
                each place it appears and inserting ``sex (including 
                sexual orientation, gender identity, sex stereotype, 
                sex characteristics, and pregnancy, childbirth, or 
                related medical conditions),'';
                    (C) in subsection (e)(1), by striking 
                ``enterprise,'' and inserting ``enterprise, if, in a 
                situation in which sex is a bona fide occupational 
                qualification, individuals are recognized as qualified 
                in accordance with their gender identity,''; and
                    (D) in subsection (h), by striking ``sex'' the 
                second place it appears and inserting ``sex (including 
                sexual orientation, gender identity, sex stereotype, 
                sex characteristics, and pregnancy, childbirth, or 
                related medical conditions),''.
            (3) Other unlawful employment practices.--Section 704(b) of 
        the Civil Rights Act of 1964 (42 U.S.C. 2000e-3(b)) is 
        amended--
                    (A) by striking ``sex,'' the first place it appears 
                and inserting ``sex (including sexual orientation, 
                gender identity, sex stereotype, sex characteristics, 
                and pregnancy, childbirth, or related medical 
                conditions),''; and
                    (B) by striking ``employment.'' and inserting 
                ``employment, if, in a situation in which sex is a bona 
                fide occupational qualification, individuals are 
                recognized as qualified in accordance with their gender 
                identity.''.
            (4) Claims.--Section 706(g)(2)(A) of the Civil Rights Act 
        of 1964 (2000e-5(g)(2)(A)) is amended by striking ``sex,'' and 
        inserting ``sex (including sexual orientation, gender identity, 
        sex stereotype, sex characteristics, and pregnancy, childbirth, 
        or related medical conditions),''.
            (5) Employment by federal government.--Section 717 of the 
        Civil Rights Act of 1964 (42 U.S.C. 2000e-16) is amended--
                    (A) in subsection (a), by striking ``sex,'' and 
                inserting ``sex (including sexual orientation, gender 
                identity, sex stereotype, sex characteristics, and 
                pregnancy, childbirth, or related medical 
                conditions),''; and
                    (B) in subsection (c), by striking ``sex'' and 
                inserting ``sex (including sexual orientation, gender 
                identity, sex stereotype, sex characteristics, and 
                pregnancy, childbirth, or related medical 
                conditions),''.
            (6) Government employee rights act of 1991.--The Government 
        Employee Rights Act of 1991 (42 U.S.C. 2000e-16a et seq.) is 
        amended--
                    (A) in section 301(b), by striking ``sex,'' and 
                inserting ``sex (including sexual orientation, gender 
                identity, sex stereotype, sex characteristics, and 
                pregnancy, childbirth, or related medical 
                conditions),'';
                    (B) in section 302(a)(1), by striking ``sex,'' and 
                inserting ``sex (including sexual orientation, gender 
                identity, sex stereotype, sex characteristics, and 
                pregnancy, childbirth, or related medical 
                conditions),''; and
                    (C) by adding at the end the following:

``SEC. 305. RULES OF CONSTRUCTION AND CLAIMS.

    ``Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 
shall apply to this title except that for purposes of that application, 
a reference in that section 1106 to `race, color, religion, sex 
(including sexual orientation, gender identity, sex stereotype, sex 
characteristics, and pregnancy, childbirth, or related medical 
conditions), or national origin' shall be considered to be a reference 
to `race, color, religion, sex (including sexual orientation, gender 
identity, sex stereotype, sex characteristics, and pregnancy, 
childbirth, or related medical conditions), national origin, age, or 
disability'.''.
            (7) Congressional accountability act of 1995.--The 
        Congressional Accountability Act of 1995 (2 U.S.C. 1301 et 
        seq.) is amended--
                    (A) in section 201(a)(1) (2 U.S.C. 1311(a)(1)) by 
                striking ``sex,'' and inserting ``sex (including sexual 
                orientation, gender identity, sex stereotype, sex 
                characteristics, and pregnancy, childbirth, or related 
                medical conditions),''; and
                    (B) by adding at the end of title II (42 U.S.C. 
                1311 et seq.) the following:

``SEC. 209. RULES OF CONSTRUCTION AND CLAIMS.

    ``Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 
shall apply to section 201 (and remedial provisions of this Act related 
to section 201) except that for purposes of that application, a 
reference in that section 1106 to `race, color, religion, sex 
(including sexual orientation, gender identity, sex stereotype, sex 
characteristics, and pregnancy, childbirth, or related medical 
conditions), or national origin' shall be considered to be a reference 
to `race, color, religion, sex (including sexual orientation, gender 
identity, sex stereotype, sex characteristics, and pregnancy, 
childbirth, or related medical conditions), national origin, age, or 
disability'.''.
            (8) Civil service reform act of 1978.--Chapter 23 of title 
        5, United States Code, is amended--
                    (A) in section 2301(b)(2), by striking ``sex,'' and 
                inserting ``sex (including sexual orientation, gender 
                identity, sex stereotype, sex characteristics, and 
                pregnancy, childbirth, or related medical 
                conditions),'';
                    (B) in section 2302--
                            (i) in subsection (b)(1)(A), by striking 
                        ``sex,'' and inserting ``sex (including sexual 
                        orientation, gender identity, sex stereotype, 
                        sex characteristics, and pregnancy, childbirth, 
                        or related medical conditions),''; and
                            (ii) in subsection (d)(1), by striking 
                        ``sex,'' and inserting ``sex (including sexual 
                        orientation, gender identity, sex stereotype, 
                        sex characteristics, and pregnancy, childbirth, 
                        or related medical conditions),''; and
                    (C) by adding at the end the following:

``SEC. 2307. RULES OF CONSTRUCTION AND CLAIMS.

    ``Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 
shall apply to this chapter (and remedial provisions of this title 
related to this chapter) except that for purposes of that application, 
a reference in that section 1106 to `race, color, religion, sex 
(including sexual orientation, gender identity, sex stereotype, sex 
characteristics, and pregnancy, childbirth, or related medical 
conditions), or national origin' shall be considered to be a reference 
to `race, color, religion, sex (including sexual orientation, gender 
identity, sex stereotype, sex characteristics, and pregnancy, 
childbirth, or related medical conditions), national origin, age, 
disability, marital status, or political affiliation'.''.
    (b) Miscellaneous.--Title XI of the Civil Rights Act of 1964 is 
amended--
            (1) by redesignating sections 1101 through 1104 (42 U.S.C. 
        2000h et seq.) and sections 1105 and 1106 (42 U.S.C. 2000h-5, 
        2000h-6) as sections 1102 through 1105 and sections 1108 and 
        1109, respectively;
            (2) by inserting after the title heading the following:

``SEC. 1101. DEFINITIONS AND RULES.

    ``(a) Definitions.--In title VII:
            ``(1) Race; color; religion; sex; sexual orientation; 
        gender identity; national origin.--The term `race', `color', 
        `religion', `sex', or `national origin', used with respect to 
        an individual, includes--
                    ``(A) the race, color, religion, sex (including 
                sexual orientation, gender identity, sex stereotype, 
                sex characteristics, and pregnancy, childbirth, or 
                related medical conditions), or national origin, 
                respectively, of another person with whom the 
                individual is associated or has been associated; and
                    ``(B) a perception or belief, even if inaccurate, 
                concerning the race, color, religion, sex (including 
                sexual orientation, gender identity, sex stereotype, 
                sex characteristics, and pregnancy, childbirth, or 
                related medical conditions), or national origin, 
                respectively, of the individual.
            ``(2) Gender identity.--The term `gender identity' means 
        the gender-related identity, appearance, mannerisms, or other 
        gender-related characteristics of an individual, regardless of 
        the individual's designated sex at birth.
            ``(3) Including.--The term `including' means including, but 
        not limited to, consistent with the term's standard meaning in 
        Federal law.
            ``(4) Sexual orientation.--The term `sexual orientation' 
        means homosexuality, heterosexuality, or bisexuality.
    ``(b) Rules.--In title VII--
            ``(1) with respect to sex, an individual's pregnancy, 
        childbirth, or related medical condition shall not receive less 
        favorable treatment than other physical conditions; and
            ``(2) with respect to gender identity, an individual shall 
        not be denied access to a shared facility, including a 
        restroom, a locker room, and a dressing room, that is in 
        accordance with the individual's gender identity.''; and
            (3) by inserting after section 1105 the following:

``SEC. 1106. RULES OF CONSTRUCTION.

    ``(a) Sex.--Nothing in section 1101 or the provisions of title VII 
incorporating a term defined or a rule specified in that section shall 
be construed--
            ``(1) to limit the protection against an unlawful practice 
        on the basis of pregnancy, childbirth, a medical condition 
        related to pregnancy or childbirth provided by section 701(k); 
        or
            ``(2) to limit the protection against an unlawful practice 
        on the basis of sex available under any provision of Federal 
        law other than title VII, prohibiting a practice on the basis 
        of sex, including under the Pregnant Workers Fairness Act (42 
        U.S.C. 2000gg et seq.).
    ``(b) Claims and Remedies Not Precluded.--Nothing in section 1101 
or title VII shall be construed to limit the claims or remedies 
available to any individual for an unlawful practice on the basis of 
race, color, religion, sex (including sexual orientation, gender 
identity, sex stereotype, sex characteristics, and pregnancy, 
childbirth, or related medical conditions), or national origin 
including claims brought pursuant to section 1979 or 1980 of the 
Revised Statutes (42 U.S.C. 1983, 1985) or any other law, including a 
Federal law amended by the BE HEARD in the Workplace Act, regulation, 
or policy, and including the Pregnant Workers Fairness Act (42 U.S.C. 
2000gg et seq.).
    ``(c) No Negative Inference.--Nothing in section 1101 or title VII 
shall be construed to support any inference that any Federal law 
prohibiting a practice on the basis of sex (including the Pregnant 
Workers Fairness Act (42 U.S.C. 2000gg et seq.)), does not prohibit 
discrimination on the basis of gender identity, sex stereotype, and 
pregnancy, childbirth, or related medical conditions.

``SEC. 1107. CLAIMS.

    ``The Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb 
et seq.) shall not provide a claim concerning, or a defense to a claim 
under, title VII, or provide a basis for challenging the application or 
enforcement of title VII.''.

SEC. 202. COVERED EMPLOYERS.

    Section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b)) 
is amended by striking ``fifteen'' and inserting ``one''.

SEC. 203. COMPENSATORY AND PUNITIVE DAMAGES AVAILABLE.

    (a) Civil Rights; Disability.--
            (1) In general.--Section 1977A of the Revised Statutes (42 
        U.S.C. 1981a(b)) is amended--
                    (A) in subsection (b), by striking paragraph (3) 
                and inserting the following:
            ``(3) Losses.--Compensatory damages are available under 
        this section for future pecuniary losses, emotional pain, 
        suffering, inconvenience, mental anguish, loss of enjoyment of 
        life, and other nonpecuniary losses.''; and
                    (B) in subsection (c)--
                            (i) by striking paragraph (2);
                            (ii) by striking ``this section'' and all 
                        that follows through ``party'' and inserting 
                        ``this section, any party''; and
                            (iii) by striking ``; and'' and inserting a 
                        period.
            (2) Conforming amendments.--
                    (A) Section 201(b) of the Congressional 
                Accountability Act of 1995 (2 U.S.C. 1311(b)) is 
                amended, in paragraphs (1)(B) and (3)(B)--
                            (i) by striking ``and, irrespective of the 
                        size of the employing office, 1977A(b)(3)(D)'' 
                        and inserting ``and 1977A(b)(3)''; and
                            (ii) by striking ``and 1981a(b)(3)(D)'' and 
                        inserting ``and 1981a(b)(3)''.
                    (B) Section 411(b) of title 3, United States Code, 
                is amended, in paragraphs (1)(B) and (3)(B), by 
                striking ``and, irrespective of the size of the 
                employing office, 1977A(b)(3)(D)'' and inserting ``and 
                1977A(b)(3)''.
                    (C) Section 207 of the Genetic Information 
                Nondiscrimination Act of 2008 (42 U.S.C. 2000ff-16) is 
                amended, in paragraph (3) of each of subsections (a) 
                through (e), by striking ``, including the limitations 
                contained in subsection (b)(3) of such section 
                1977A,''.
    (b) Age.--Section 7(b) of the Age Discrimination in Employment Act 
of 1967 (29 U.S.C. 626(b)) is amended--
            (1) by striking ``(b) The'' and all that follows through 
        the third sentence and inserting the following:
    ``(b)(1) Except as otherwise provided in another subsection of this 
section, or section 9, the powers, remedies, and procedures set forth 
in sections 705, 706, 707, 709, and 710 of the Civil Rights Act of 1964 
(42 U.S.C. 2000e-4, 2000e-5, 2000e-6, 2000e-8, and 2000e-9) shall be 
the powers, remedies, and procedures this Act provides to the 
Commission, to the Attorney General, or to any person alleging 
discrimination on the basis of age in violation of section 4, or 
regulations promulgated under section 9.''; and
            (2) in the second sentence of that subsection (b), as 
        amended by paragraph (1), by striking ``or enforcing the 
        liability for amounts deemed to be unpaid minimum wages or 
        unpaid overtime compensation under this section'' and inserting 
        ``and including any type of legal or equitable relief available 
        under title VII of the Civil Rights Act of 1964 (42 U.S.C. 
        2000e et seq.)''.

SEC. 204. DISCRIMINATION, INCLUDING HARASSMENT; STANDARDS OF PROOF.

    (a) Findings.--Congress finds that--
            (1) harassment is a persistent and significant problem in 
        the workplace in the United States;
            (2) workers are harassed because of their sex (including 
        sexual orientation, gender identity, sex stereotype, sex 
        characteristics, and pregnancy, childbirth, or related medical 
        conditions), race, color, religion, national origin, age, 
        disability, genetic information, and uniformed services status;
            (3) Congress enacted title VII of the Civil Rights Act of 
        1964 intending to provide broad protection from many forms of 
        bias in the workplace;
            (4) the Supreme Court has recognized in City of Los Angeles 
        Department of Water and Power v. Manhart, 435 U.S. 702 (1978), 
        that the protection against sex discrimination in the terms, 
        conditions, or privileges of employment under title VII of the 
        Civil Rights Act of 1964 reflects Congress' intent to ``strike 
        at the entire spectrum'' of sex-based discrimination in 
        employment;
            (5) in 1980, the Equal Employment Opportunity Commission 
        (referred to in this section as ``the Commission'') amended its 
        Guidelines on Discrimination Because of sex (referred to in 
        this section as ``the Guidelines'') to specify that sexual 
        harassment is a form of sex discrimination prohibited by title 
        VII of the Civil Rights Act of 1964;
            (6) in the Guidelines, the Commission explained that 
        harassing conduct is unlawful where--
                    (A) ``submission to such conduct is made either 
                explicitly or implicitly a term or condition of an 
                individual's employment'';
                    (B) ``submission to or rejection of such conduct by 
                an individual is used as the basis for employment 
                decisions''; or
                    (C) the conduct ``has the purpose or effect of 
                unreasonably interfering with an individual's work 
                performance or creating an intimidating, hostile, or 
                offensive working environment'';
            (7) the Commission further explained that, with respect to 
        the evidence required to support a finding of unlawful 
        harassment, it ``will look at the record as a whole and at the 
        totality of the circumstances, such as the nature of the sexual 
        advances and the context in which the alleged incidents 
        occurred'' and emphasized that the ``determination of the 
        legality of a particular action will be made from the facts, on 
        a case by case basis'';
            (8) six years later, the Supreme Court in Meritor Savings 
        Bank v. Vinson, 477 U.S. 57 (1986), recognized that the 
        protections under title VII of the Civil Rights Act of 1964 are 
        not limited to discrimination that causes ``economic'' or 
        ``tangible'' loss, and held that the phrase ``terms, 
        conditions, or privileges of employment'' in title VII of such 
        Act is an ``expansive concept that sweeps within its protective 
        ambit'' the practice of creating a hostile work environment 
        based on discrimination in the form of harassment;
            (9) in reaching this conclusion in the Meritor decision, 
        the Supreme Court cited and approved the Guidelines;
            (10) in the Meritor decision, the Supreme Court cited with 
        approval lower court decisions that concluded that a hostile 
        work environment based on race, religion, or national origin 
        violates the prohibition of discrimination in the terms, 
        conditions, or privileges of employment under title VII of the 
        Civil Rights Act of 1964, which decisions included--
                    (A) Rogers v. EEOC, 454 F.2d 234 (5th Cir. 1971);
                    (B) Firefighters Institute for Racial Equality v. 
                City of St. Louis, 549 F.2d 506 (8th Cir. 1977);
                    (C) Gray v. Greyhound Lines, 545 F.2d 169 (D.C. 
                Cir. 1976);
                    (D) Compston v. Borden, Inc., 424 F. Supp. 157 
                (S.D. Ohio 1976); and
                    (E) Cariddi v. Kansas City Chiefs Football Club, 
                Inc., 568 F.2d 87 (8th Cir. 1977);
            (11) in defining the evidence required to prove a violation 
        of title VII of the Civil Rights Act of 1964, in the Meritor 
        decision, the Supreme Court noted that harassment would be 
        actionable when it is ``sufficiently severe or pervasive `to 
        alter the conditions of [the victim's] employment and create an 
        abusive working environment''' (quoting Rogers v. EEOC, 454 
        F.2d 234 (5th Cir. 1971));
            (12) in Harris v. Forklift Systems, Inc., 510 U.S. 17 
        (1993), the Supreme Court clarified that harassment need not 
        seriously affect an employee's psychological well-being or lead 
        the employee to suffer injury in order to be unlawful, but 
        rather, need merely create a work environment that a reasonable 
        person in the protected class would find hostile or abusive;
            (13) in Harris v. Forklift Systems, Inc., the Supreme Court 
        held that whether a work environment is unlawfully hostile or 
        abusive does not depend on any mathematically precise test, but 
        rather, is to be determined by looking at all of the 
        circumstances, with no single factor required;
            (14) in National Railroad Passenger Corp. v. Morgan, 536 
        U.S. 101 (2002), the Supreme Court reaffirmed the Harris 
        decision and further held that the hostility or abusiveness of 
        each harassing act should be considered in the aggregate, not 
        in isolation, regardless of whether such acts occur over days 
        or even years;
            (15) notwithstanding the rulings of the Supreme Court 
        specified in this subsection, some lower court decisions have 
        treated harassing conduct's severity or pervasiveness as the 
        only 2 relevant factors in evaluating whether such conduct 
        violates title VII of the Civil Rights Act of 1964;
            (16) some lower court decisions have treated ``severe or 
        pervasive'' as a threshold for liability, when the relevant 
        inquiry is whether the harassing conduct actually altered the 
        terms, conditions, or privileges of employment;
            (17) some lower court decisions further have interpreted 
        the ``severe or pervasive'' language in the Meritor decision so 
        narrowly as to recognize only the most egregious conduct as 
        unlawful, despite Congress' intent that title VII of the Civil 
        Rights Act of 1964 afford a broad scope of protection from 
        discrimination;
            (18) examples of decisions that use the erroneous analysis 
        described in paragraphs (15) through (17) in the context of 
        harassment on the basis of sex include--
                    (A) Singleton v. Department of Correctional 
                Education, 115 Fed. Appx. 119 (4th Cir. 2004);
                    (B) Black v. Zaring Homes, Inc., 104 F.3d 822 (6th 
                Cir. 1997);
                    (C) Weiss v. Coca-Cola Bottling Co., 990 F.2d 333 
                (7th Cir. 1993);
                    (D) Rickard v. Swedish Match North America, Inc., 
                773 F.3d 181 (8th Cir. 2014);
                    (E) Mitchell v. Pope, 189 F. Appx. 911 (11th Cir. 
                2006); and
                    (F) Brooks v. City of San Mateo, 229 F.3d 917 (9th 
                Cir. 2000);
            (19) lower courts have made similar erroneous decisions in 
        the context of harassment on the basis of race, national 
        origin, age, and disability such as in Crawford v. Medina 
        General Hospital, 96 F.3d 830 (6th Cir. 1996), Shaver v. 
        Independent Stave Co., 350 F.3d 716 (8th Cir. 2003), and Motley 
        v. Parker-Hannifan Corp., No. 1: 94-CV-639 (W.D. Mich. 1995);
            (20) in contrast, other lower court decisions applying the 
        Meritor case and its progeny have appropriately recognized that 
        a wide range of harassing behavior may alter the terms, 
        conditions, or privileges of employment, with no single type, 
        frequency, or duration of conduct required to make a showing of 
        severe or pervasive harassment;
            (21) for example, in the context of harassment based on 
        sex, those decisions have recognized that--
                    (A) conduct need not be physical to create a 
                hostile or abusive work environment, as in Billings v. 
                Town of Grafton, 515 F.3d 39 (1st Cir. 2008);
                    (B) an individual need not be the target of 
                sexually demeaning conduct in order to experience 
                unlawful harassment, as in Petrosino v. Bell Atlantic, 
                385 F.3d 210 (2d Cir. 2004);
                    (C) power disparities, such as the young age of the 
                individual harassed, compound the conduct's harmful 
                effects, as in EEOC v. R&R Ventures, 244 F.3d 334 (4th 
                Cir. 2001);
                    (D) gender-based epithets were based on sex and 
                supported a finding that the workplace was objectively 
                hostile, as in Gallagher v. C.H. Robinson Worldwide, 
                Inc., 567 F.3d 263 (6th Cir. 2009); and
                    (E) a single incident can alter the terms, 
                conditions, or privileges of employment, as in Howley 
                v. Town of Stratford, 217 F.3d 141 (2d Cir. 2000);
            (22) similarly, in the context of harassment based on other 
        protected characteristics, other courts have appropriately held 
        that--
                    (A) calling an individual an ``old man'' and 
                ``pops'' could contribute to actionably hostile work 
                environment based on age, as in Dediol v. Best 
                Chevrolet, Inc., 655 F.3d 435 (5th Cir. 2011);
                    (B) repeatedly calling an individual with mental 
                illness ``crazy'' and stating that the individual is a 
                threat to security is sufficient to support a finding 
                of a hostile work environment based on disability, as 
                in Quiles-Quiles v. Henderson, 439 F.3d 1 (1st Cir. 
                2006); and
                    (C) a single incident of calling an African-
                American individual the ``n word'' by a supervisor is 
                sufficient to support a finding of a hostile work 
                environment based on race, as in Rodgers v. Western-
                Southern Life Insurance Co., 12 F.3d 668 (7th Cir. 
                1993); and
            (23) similar erroneous decisions have been rendered in the 
        context of harassment on the basis of sex in employment under 
        title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et 
        seq.), as in Farmer v. Troy University, No. 5:17-CV-70-B0 
        (E.D.N.C. 2017).
    (b) Purposes.--The purposes of this section are to--
            (1) enact into statutory law provisions that establish that 
        workplace harassment is a violation of the--
                    (A) protections from discrimination in the ``terms, 
                conditions, or privileges of employment'' found in 
                title VII of the Civil Rights Act of 1964 (42 U.S.C. 
                2000e et seq.);
                    (B) protections from disability discrimination 
                found in title I of the Americans with Disabilities Act 
                of 1990 (42 U.S.C. 12111 et seq.) and sections 501 and 
                505 of the Rehabilitation Act of 1973 (29 U.S.C. 791, 
                794a);
                    (C) protections from age discrimination found in 
                the Age Discrimination in Employment Act of 1967 (29 
                U.S.C. 621 et seq.);
                    (D) protections from genetic information 
                discrimination found in title II of the Genetic 
                Information Nondiscrimination Act of 2008 (42 U.S.C. 
                2000ff et seq.); and
                    (E) protections from uniformed services status 
                discrimination found in section 4311 of title 38, 
                United States Code; and
            (2) establish a liability standard for workplace harassment 
        that fulfills Congress' intent of providing broad protection 
        from discrimination in employment on the basis of race, color, 
        religion, sex (including sexual orientation, gender identity, 
        sex stereotype, sex characteristics, and pregnancy, childbirth, 
        or related medical conditions), national origin, age, 
        disability, genetic information, and uniformed services status.
    (c) Enacting Into Statutory Law Provisions Establishing Workplace 
Harassment as an Unlawful Employment Practice.--
            (1) Civil rights act of 1964.--Section 703 of the Civil 
        Rights Act of 1964 (42 U.S.C. 2000e-2) is amended by adding at 
        the end the following:
    ``(o)(1)(A) In this subsection, the term `workplace harassment' 
means conduct based on race, color, religion, sex (including sexual 
orientation, gender identity, sex stereotype, sex characteristics, and 
pregnancy, childbirth, or related medical conditions), or national 
origin, regardless of whether it is direct or indirect, or verbal or 
nonverbal, that unreasonably alters an individual's terms, conditions, 
or privileges of employment, including by creating an intimidating, 
hostile, or offensive work environment.
    ``(B)(i) In this subsection, the term also means sexual harassment, 
which is conduct that takes place in a circumstance described in clause 
(ii) and that takes the form of--
            ``(I) a sexual advance;
            ``(II) a request for sexual favors; or
            ``(III) any other conduct of a sexual nature.
    ``(ii) A circumstance described in this clause is a situation in 
which--
            ``(I) submission to the conduct involved is made either 
        explicitly or implicitly a term or condition of employment;
            ``(II) submission to or rejection of such conduct is used 
        as the basis for an employment decision affecting an 
        individual's employment; or
            ``(III) such conduct unreasonably alters an individual's 
        terms, conditions, or privileges of employment, including by 
        creating an intimidating hostile, or offensive work 
        environment.
    ``(2) It shall be an unlawful employment practice under subsection 
(a) to engage in workplace harassment.
    ``(3) In determining, for purposes of this subsection, whether 
conduct constitutes workplace harassment because the conduct 
unreasonably alters an individual's terms, conditions, or privileges of 
employment, including by creating an intimidating, hostile, or 
offensive work environment, the following rules shall apply:
            ``(A) That determination shall be made on the basis of the 
        record as a whole, according to the totality of the 
        circumstances. A single incident may constitute workplace 
        harassment.
            ``(B) Incidents that may be workplace harassment shall be 
        considered in the aggregate, with--
                    ``(i) conduct of varying types (such as expressions 
                of sex-based hostility, requests for sexual favors, and 
                denial of employment opportunities due to sexual 
                orientation) viewed in totality, rather than in 
                isolation; and
                    ``(ii) conduct based on multiple protected 
                characteristics (such as sex and race) viewed in 
                totality, rather than in isolation.
            ``(C) The factors specified in this subparagraph are among 
        the factors to be considered in determining whether conduct 
        constitutes workplace harassment and are not meant to be 
        exhaustive. No one of those factors shall be considered to be 
        determinative in establishing whether conduct constitutes 
        workplace harassment. Such factors are each of the following:
                    ``(i) The frequency of the conduct.
                    ``(ii) The duration of the conduct.
                    ``(iii) The location where the conduct occurred.
                    ``(iv) The number of individuals engaged in the 
                conduct.
                    ``(v) The nature of the conduct, which may include 
                physical, verbal, pictorial, or visual conduct, and 
                conduct that occurs in person or is transmitted, such 
                as electronically.
                    ``(vi) Whether the conduct is threatening.
                    ``(vii) Any power differential between the alleged 
                harasser and the person allegedly harassed.
                    ``(viii) Any use of epithets, slurs, or other 
                conduct that is humiliating or degrading.
                    ``(ix) Whether the conduct reflects stereotypes 
                about individuals in the protected class involved.
    ``(4) In determining, for purposes of this subsection, whether 
conduct constitutes workplace harassment, conduct may be workplace 
harassment regardless of whether, for example--
            ``(A) the complaining party is not the individual being 
        harassed;
            ``(B) the complaining party acquiesced or otherwise 
        submitted to, or participated in, the conduct;
            ``(C) the conduct is also experienced by others outside the 
        protected class involved;
            ``(D) the complaining party was able to continue carrying 
        out duties and responsibilities of the party's job despite the 
        conduct;
            ``(E) the conduct did not cause a tangible injury or 
        psychological injury; or
            ``(F) the conduct occurred outside of the workplace.''.
            (2) Americans with disabilities act of 1990.--Section 
        102(b) of the Americans with Disabilities Act (42 U.S.C. 
        12112(b)) is amended--
                    (A) in paragraph (6), by striking ``and'' at the 
                end;
                    (B) in paragraph (7), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(8) engaging in workplace harassment, which is conduct 
        based on disability, regardless of whether it is direct or 
        indirect, or verbal or nonverbal, that--
                    ``(A) unreasonably alters an individual's terms, 
                conditions, or privileges of employment, including by 
                creating an intimidating, hostile, or offensive work 
                environment; and
                    ``(B) is determined to be such harassment in 
                accordance with paragraphs (3) and (4) of section 
                703(o) of the Civil Rights Act of 1964 (42 U.S.C. 
                2000e-2(o)).''.
            (3) Rehabilitation act of 1973.--Section 501(f) of the 
        Rehabilitation Act of 1973 (29 U.S.C. 791(f)) is amended by 
        inserting ``, including section 102(b) of that Act (42 U.S.C. 
        12112(b))'', before ``and the provisions''.
            (4) Age discrimination in employment act.--Section 4 of the 
        Age Discrimination in Employment Act of 1967 (29 U.S.C. 623) is 
        amended by adding at the end the following:
    ``(n) It shall be unlawful under subsection (a) to engage in 
workplace harassment, which is conduct based on age, regardless of 
whether it is direct or indirect, or verbal or nonverbal, that--
            ``(1) unreasonably alters an individual's terms, 
        conditions, or privileges of employment, including by creating 
        an intimidating, hostile, or offensive work environment; and
            ``(2) is determined to be such harassment in accordance 
        with paragraphs (3) and (4) of section 703(o) of the Civil 
        Rights Act of 1964 (42 U.S.C. 2000e-2(o)).''.
            (5) Genetic information nondiscrimination act of 2008.--
        Section 202 of the Genetic Information Nondiscrimination Act of 
        2008 (42 U.S.C. 2000ff-1) is amended by adding at the end the 
        following:
    ``(d) Workplace Harassment.--It shall be an unlawful employment 
practice under subsection (a) to engage in workplace harassment, which 
is conduct based on genetic information, regardless of whether it is 
direct or indirect, or verbal or nonverbal, that--
            ``(1) unreasonably alters an individual's terms, 
        conditions, or privileges of employment, including by creating 
        an intimidating, hostile, or offensive work environment; and
            ``(2) is determined to be such harassment in accordance 
        with paragraphs (3) and (4) of section 703(o) of the Civil 
        Rights Act of 1964 (42 U.S.C. 2000e-2(o)).''.
            (6) Chapter 43 of title 38, united states code.--Section 
        4311 of title 38, United States Code, is amended by adding at 
        the end the following:
    ``(e) It shall be an unlawful employment practice under subsection 
(a) to engage in workplace harassment, which is conduct based on 
uniformed services status (meaning the membership, application for 
membership, performance of service, application for service, or 
obligation, described in subsection (a)), regardless of whether it is 
direct or indirect, or verbal or nonverbal, that--
            ``(1) unreasonably alters an individual's benefits of 
        employment, including by creating an intimidating, hostile, or 
        offensive work environment; and
            ``(2) is determined to be such harassment in accordance 
        with paragraphs (3) and (4) of section 703(o) of the Civil 
        Rights Act of 1964 (42 U.S.C. 2000e-2(o)).''.

SEC. 205. CLARIFYING OTHER STANDARDS OF PROOF.

    (a) Amendments to Definitions.--
            (1) Americans with disabilities act of 1990.--Section 101 
        of the Americans with Disabilities Act of 1990 (42 U.S.C. 
        12111) is amended by adding at the end the following:
            ``(11) Demonstrates.--The term `demonstrates' means meets 
        the burdens of production and persuasion.''.
            (2) Age discrimination in employment act of 1967.--Section 
        11 of the Age Discrimination in Employment Act of 1967 (29 
        U.S.C. 630) is amended by adding at the end the following:
    ``(m) The term `demonstrates' means meets the burdens of production 
and persuasion.''.
            (3) Genetic information nondiscrimination act of 2008.--
        Section 201 of the Genetic Information Nondiscrimination Act of 
        2008 (42 U.S.C. 2000ff) is amended by adding at the end the 
        following:
            ``(8) Demonstrates.--The term `demonstrates' means meets 
        the burdens of production and persuasion.''.
    (b) Clarifying Prohibition Against Impermissible Consideration in 
Employment Practices.--
            (1) Race, color, religion, sex, or national origin.--
        Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2) 
        is amended by striking subsection (m) and inserting the 
        following:
    ``(m) Except as otherwise provided in this title, an unlawful 
employment practice is established under this title when the 
complaining party demonstrates that race, color, religion, sex 
(including sexual orientation, gender identity, sex stereotype, sex 
characteristics, and pregnancy, childbirth, or related medical 
conditions), or national origin or an activity protected by section 
704(a) was a motivating factor for any employment practice, even though 
other factors also motivated the practice.''.
            (2) Disability.--Section 102 of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12112) is amended by adding 
        at the end the following:
    ``(e) Proof.--
            ``(1) Establishment.--Except as otherwise provided in this 
        Act, a discriminatory practice is established under this Act 
        when the complaining party demonstrates that disability or an 
        activity protected by subsection (a) or (b) of section 503 was 
        a motivating factor for any employment practice, even though 
        other factors also motivated the practice.
            ``(2) Demonstration.--In establishing a discriminatory 
        practice under paragraph (1) or by any other method of proof, a 
        complaining party--
                    ``(A) may rely on any type or form of admissible 
                evidence and need only produce evidence sufficient for 
                a reasonable trier of fact to find that a 
                discriminatory practice occurred under this Act; and
                    ``(B) shall not be required to demonstrate that 
                disability or an activity protected by subsection (a) 
                or (b) of section 503 was the sole cause of an 
                employment practice.''.
            (3) Age.--Section 4 of the Age Discrimination in Employment 
        Act of 1967 (29 U.S.C. 623) is amended by inserting after 
        subsection (f) the following:
    ``(g)(1) Except as otherwise provided in this Act, an unlawful 
practice is established under this Act when the complaining party 
demonstrates that age or an activity protected by subsection (d) was a 
motivating factor for any practice, even though other factors also 
motivated the practice.
    ``(2) In establishing an unlawful practice under this Act, 
including under paragraph (1) or by any other method of proof, a 
complaining party--
            ``(A) may rely on any type or form of admissible evidence 
        and need only produce evidence sufficient for a reasonable 
        trier of fact to find that an unlawful practice occurred under 
        this Act; and
            ``(B) shall not be required to demonstrate that age or an 
        activity protected by subsection (d) was the sole cause of a 
        practice.''.
            (4) Genetic information.--Section 202 of the Genetic 
        Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff-1), 
        as amended by section 204(c)(5), is further amended by adding 
        at the end the following:
    ``(e) Proof.--
            ``(1) Establishment.--Except as otherwise provided in this 
        title, an unlawful employment practice is established under 
        this title when the complaining party demonstrates that genetic 
        information or an activity protected by section 207(f) was a 
        motivating factor for any employment practice, even though 
        other factors also motivated the practice.
            ``(2) Demonstration.--In establishing an unlawful 
        employment practice under paragraph (1) or by any other method 
        of proof, a complaining party--
                    ``(A) may rely on any type or form of admissible 
                evidence and need only produce evidence sufficient for 
                a reasonable trier of fact to find that an unlawful 
                employment practice occurred under this title; and
                    ``(B) shall not be required to demonstrate that 
                genetic information or an activity protected by section 
                207(f) was the sole cause of an employment practice.''.
    (c) Certain Retaliation Claims.--
            (1) Americans with disabilities act of 1990.--Section 
        503(c) of the Americans with Disabilities Act of 1990 (42 
        U.S.C. 12203(c)) is amended--
                    (A) by striking ``The remedies'' and inserting the 
                following:
            ``(1) In general.--Except as provided in paragraph (2), the 
        remedies''; and
                    (B) by adding at the end the following:
            ``(2) Certain antiretaliation claims.--Section 107(c) shall 
        apply to claims under section 102(e)(1) with respect to title 
        I.''.
            (2) Age discrimination in employment act of 1967.--Section 
        4(d) of the Age Discrimination in Employment Act of 1967 (29 
        U.S.C. 623(d)) is amended--
                    (A) by striking ``(d) It shall be'' and inserting 
                ``(d)(1) It shall be''; and
                    (B) by adding at the end the following:
    ``(2) Section 7(b)(2) shall apply to claims under section 
4(g)(1).''.
            (3) Genetic information nondiscrimination act of 2008.--
        Section 207(f) of the Genetic Information Nondiscrimination Act 
        of 2008 (42 U.S.C. 2000ff-6(f)) is amended--
                    (A) by striking ``No'' and inserting the following:
            ``(1) In general.--No'';
                    (B) in the second sentence, by striking ``The 
                remedies'' and inserting ``Except as provided in 
                paragraph (2), the remedies''; and
                    (C) by adding at the end the following:
            ``(2) Certain retaliation claims.--Subsection (g) shall 
        apply to claims under section 202(d)(1).''.
    (d) Remedies.--
            (1) Americans with disabilities act of 1990.--Section 107 
        of the Americans with Disabilities Act of 1990 (42 U.S.C. 
        12117) is amended by adding at the end the following:
    ``(c) Discriminatory Motivating Factor.--On a claim in which an 
individual establishes a discriminatory practice under section 
102(e)(1), and a respondent demonstrates that the respondent would have 
taken the same action in the absence of the impermissible motivating 
factor, the court--
            ``(1) may grant declaratory relief, injunctive relief 
        (except as provided in paragraph (2)), and attorney's fees and 
        costs demonstrated to be directly attributable only to the 
        pursuit of a claim under section 102(e)(1); and
            ``(2) shall not award damages or issue an order requiring 
        any admission, reinstatement, hiring, promotion, or payment.''.
            (2) Age discrimination in employment act of 1967.--Section 
        7 of the Age Discrimination in Employment Act of 1967 (29 
        U.S.C. 626) is amended--
                    (A) in subsection (b), as amended by section 
                203(b)--
                            (i) in the second sentence, by striking 
                        ``In'' and inserting ``Subject to paragraph 
                        (2), in'';
                            (ii) in the third sentence, by striking 
                        ``Before'' and inserting the following:
    ``(3) Before''; and
                            (iii) by inserting before paragraph (3), as 
                        designated by clause (ii), the following:
    ``(2) On a claim in which an individual establishes an unlawful 
practice under section 4(g)(1), and a respondent demonstrates that the 
respondent would have taken the same action in the absence of the 
impermissible motivating factor, the court--
            ``(A) may grant declaratory relief, injunctive relief 
        (except as provided in subparagraph (B)), and attorney's fees 
        and costs demonstrated to be directly attributable only to the 
        pursuit of a claim under section 4(g)(1); and
            ``(B) shall not award damages or issue an order requiring 
        any admission, reinstatement, hiring, promotion, or payment.''; 
        and
                    (B) in subsection (c)--
                            (i) in paragraph (1), by striking ``Any'' 
                        and inserting ``Subject to subsection (b)(2), 
                        any''; and
                            (ii) in paragraph (2), by striking ``of any 
                        issue of fact'' and all that follows through 
                        the period and inserting ``under the same 
                        circumstances as a trial by jury is available 
                        under title VII of the Civil Rights Act of 1964 
                        (42 U.S.C. 2000e et seq.).''.
            (3) Genetic information nondiscrimination act of 2008.--
        Section 207 of the Genetic Information Nondiscrimination Act of 
        2008 (42 U.S.C. 2000ff-6) is amended--
                    (A) by redesignating subsection (g) as subsection 
                (h); and
                    (B) by inserting after subsection (f) the 
                following:
    ``(g) Motivating Factor.--On a claim in which an individual 
establishes an unlawful employment practice under section 202(e)(1), 
including a claim involving an employee or applicant described in any 
of subsections (a) through (e), and a respondent demonstrates that the 
respondent would have taken the same action in the absence of the 
impermissible motivating factor, the court or the corresponding 
decisionmaker specified in subsections (a) through (e)--
            ``(1) may grant declaratory relief, injunctive relief 
        (except as provided in paragraph (2)), and attorney's fees and 
        costs demonstrated to be directly attributable only to the 
        pursuit of a claim under section 202(d)(1); and
            ``(2) shall not award damages or issue an order requiring 
        any admission, reinstatement, hiring, promotion, or payment.''.
    (e) Federal Employees.--
            (1) Title vii of the civil rights act of 1964.--Section 717 
        of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) is amended 
        by adding at the end the following:
    ``(g) Sections 703(m) and 706(g)(2)(B) shall apply to mixed motive 
cases (involving practices described in section 703(m)) under this 
section.''.
            (2) Rehabilitation act of 1973.--The amendment made by 
        subsection (f) to section 501(f) of the Rehabilitation Act of 
        1973 (29 U.S.C. 791(f)) shall be construed to apply to all 
        employees covered by section 501 of that Act (29 U.S.C. 791).
            (3) Age discrimination in employment act of 1967.--Section 
        15 of the Age Discrimination in Employment Act of 1967 (29 
        U.S.C. 633a) is amended--
                    (A) in subsection (a)--
                            (i) by striking ``States) in'' and 
                        inserting ``States) shall be made free from any 
                        discrimination based on age, in--'';
                            (ii) by striking ``military departments'' 
                        and inserting the following:
            ``(1) military departments'';
                            (iii) by striking ``Code, in executive 
                        agencies'' and inserting the following: ``Code;
            ``(2) executive agencies'';
                            (iv) by striking ``funds), in the United 
                        States Postal'' and inserting the following: 
                        ``funds);
            ``(3) the United States Postal'';
                            (v) by striking ``Commission, in those 
                        units'' and inserting the following: 
                        ``Commission;
            ``(4) those units'';
                            (vi) by striking ``competitive service, and 
                        in those units'' and inserting the following: 
                        ``competitive service;
            ``(5) those units'';
                            (vii) by striking ``competitive service, in 
                        the Smithsonian'' and inserting ``competitive 
                        service;
            ``(6) the Smithsonian'';
                            (viii) by striking ``Institution, and in 
                        the Government'' and inserting ``Institution;
            ``(7) the Government'';
                            (ix) by striking ``Printing Office, the 
                        General'' and inserting ``Printing Office;
            ``(8) the General'';
                            (x) by striking ``Office, and the Library'' 
                        and inserting ``Office; and
            ``(9) the Library''; and
                            (xi) by striking ``of Congress'' and all 
                        that follows and inserting ``of Congress.'';
                    (B) in subsection (b), by striking the first, 
                second, third, fourth, and sixth sentences;
                    (C) in subsection (c), by striking ``Any person'' 
                and inserting ``Notwithstanding any other provision of 
                this Act, any person'';
                    (D) by striking subsection (g) and inserting the 
                following:
    ``(g) Except as otherwise provided in another subsection of this 
section, section 7, or section 9, the powers, remedies, and procedures 
provided in section 717 of the Civil Rights Act of 1964 (42 U.S.C. 
2000e-16) to the Commission, the Attorney General, the Librarian of 
Congress, or any person, alleging a violation of that section shall be 
the powers, remedies, and procedures this Act provides to the 
Commission, the Attorney General, the Librarian of Congress, or any 
person, respectively, alleging an unlawful employment practice in 
violation of subsection (a) against an employee or applicant for 
employment described in subsection (a).''; and
                    (E) by adding at the end the following:
    ``(h) Section 4(g) shall apply to mixed motive claims (involving 
practices described in section 4(g)(1)) under this section.''.
    (f) Additional Amendments to the Rehabilitation Act of 1973.--
Sections 501(f), 503(d), and 504(d) of the Rehabilitation Act of 1973 
(29 U.S.C. 791(f), 793(d), and 794(d)), are each amended by adding 
after the words ``title I of the Americans with Disabilities Act of 
1990 (42 U.S.C. 12111 et seq.)'' the following: ``, including the 
standards of causation and methods of proof applied under section 
102(e) of that Act (42 U.S.C. 12112(e)),''.
    (g) Other Government Employees.--
            (1) Congressional accountability act of 1995.--Section 201 
        of the Congressional Accountability Act of 1995 (2 U.S.C. 1311) 
        is amended--
                    (A) in subsection (a)(2), by striking ``section 15 
                of the Age Discrimination in Employment Act of 1967 (29 
                U.S.C. 633a)'' and inserting ``sections 4(g) and 15 of 
                the Age Discrimination in Employment Act of 1967 (29 
                U.S.C. 623(g), 633a)''; and
                    (B) in subsection (b)--
                            (i) in paragraph (2)(A), by striking 
                        ``section 15(c) of the Age Discrimination in 
                        Employment Act of 1967 (29 U.S.C. 633a(c))'' 
                        and inserting ``section 4(d)(2), paragraphs (1) 
                        and (2) of section 7(b), and section 15(c) of 
                        the Age Discrimination in Employment Act of 
                        1967 (29 U.S.C. 623(d)(2), 626(b), 633a(c))''; 
                        and
                            (ii) in paragraph (3)(A), by striking 
                        ``section 107(a) of the Americans with 
                        Disabilities Act of 1990 (42 U.S.C. 12117(a))'' 
                        and inserting ``subsections (a) and (c) of 
                        section 107, and section 503(c)(2), of the 
                        Americans with Disabilities Act of 1990 (42 
                        U.S.C. 12117, 12203)''.
            (2) Title 3, united states code.--Section 411 of title 3, 
        United States Code, is amended--
                    (A) in subsection (a)(2), by striking ``section 15 
                of the Age Discrimination in Employment Act of 1967'' 
                and inserting ``sections 4(g) and 15 of the Age 
                Discrimination in Employment Act of 1967''; and
                    (B) in subsection (b)--
                            (i) in paragraph (2)(A), by striking 
                        ``section 15(c) of the Age Discrimination in 
                        Employment Act of 1967'' and inserting 
                        ``section 4(d)(2), paragraphs (1) and (2) of 
                        section 7(b), and section 15(c) of the Age 
                        Discrimination in Employment Act of 1967''; and
                            (ii) in paragraph (3)(A), by striking 
                        ``section 107(a) of the Americans with 
                        Disabilities Act of 1990'' and inserting 
                        ``subsections (a) and (c) of section 107, and 
                        section 503(c)(2), of the Americans with 
                        Disabilities Act of 1990''.
            (3) Government employee rights act of 1991.--Section 302 of 
        the Government Employee Rights Act of 1991 (42 U.S.C. 2000e-
        16b) is amended--
                    (A) in subsection (a)(2), by striking ``section 15 
                of the Age Discrimination in Employment Act of 1967 (29 
                U.S.C. 633a)'' and inserting ``sections 4(g) and 15 of 
                the Age Discrimination in Employment Act of 1967 (29 
                U.S.C. 623(g), 633a)''; and
                    (B) in subsection (b)--
                            (i) in paragraph (1), by inserting ``(and, 
                        in the case of a violation of subsection 
                        (a)(3), sections 107(c) and 503(c)(2) of the 
                        Americans with Disabilities Act of 1990 (42 
                        U.S.C. 12117(c), 12203(c)(2)))'' before ``, 
                        and''; and
                            (ii) in paragraph (2), by striking 
                        ``section 15(c) of the Age Discrimination in 
                        Employment Act of 1967 (29 U.S.C. 633a(c))'' 
                        and inserting ``section 4(d)(2), paragraphs (1) 
                        and (2) of section 7(b), and section 15(c) of 
                        the Age Discrimination in Employment Act of 
                        1967 (29 U.S.C. 623(d)(2), 626(b), 633a(c))''.
    (h) Application.--This section, and the amendments made by this 
section, shall apply to all claims pending on or after the date of 
enactment of this Act.

SEC. 206. SUPERVISOR LIABILITY.

    (a) Amendment to Title VII of the Civil Rights Act of 1964.--
            (1) Standard for employer liability for hostile work 
        environment.--Section 703 of the Civil Rights Act of 1964 (42 
        U.S.C. 2000e-2), as amended by 204(c)(1), is further amended by 
        adding at the end the following:
    ``(p) Subject to section 206(j) of the BE HEARD in the Workplace 
Act, an employer shall be liable for the acts of any individual whose 
harassment of an employee has created or continued a hostile work 
environment that constitutes an unlawful employment practice under this 
section if, at the time of the harassment--
            ``(1) such individual was authorized by that employer--
                    ``(A) to undertake or recommend tangible employment 
                actions affecting the employee; or
                    ``(B) to direct the employee's daily work 
                activities; or
            ``(2) the negligence of the employer led to the creation or 
        continuation of that hostile work environment.''.
            (2) Standard for employer liability for retaliatory hostile 
        work environment.--Section 704 of the Civil Rights Act of 1964 
        (42 U.S.C. 2000e-3), as amended by section 201(a)(3), is 
        further amended--
                    (A) by redesignating subsection (b) as subsection 
                (c); and
                    (B) by inserting after subsection (a) the 
                following:
    ``(b) Subject to section 206(j) of the BE HEARD in the Workplace 
Act, an employer shall be liable for the acts of any individual whose 
harassment of an employee has created or continued a retaliatory 
hostile work environment that constitutes an unlawful employment 
practice as described under subsection (a) if, at the time of the 
harassment--
            ``(1) such individual was authorized by that employer--
                    ``(A) to undertake or recommend tangible employment 
                actions affecting the employee; or
                    ``(B) to direct the employee's daily work 
                activities; or
            ``(2) the negligence of the employer led to the creation or 
        continuation of that retaliatory hostile work environment.''.
            (3) Federal employees.--Section 717 of the Civil Rights Act 
        of 1964 (42 U.S.C. 2000e-16), as amended by section 205(e)(1), 
        is further amended by adding at the end the following:
    ``(h) The provisions of sections 703(p) and 704(b) shall apply to 
hostile work environment claims and retaliatory hostile work 
environment claims, respectively, under this section.''.
    (b) Amendment to the Age Discrimination in Employment Act of 
1967.--
            (1) Standard for employer liability for hostile work 
        environment.--Section 4 of the Age Discrimination in Employment 
        Act of 1967 (29 U.S.C. 623), as amended by section 204(c)(4), 
        is further amended by adding at the end the following:
    ``(o) Subject to section 206(j) of the BE HEARD in the Workplace 
Act, an employer shall be liable for the acts of any individual whose 
harassment of an employee has created or continued a hostile work 
environment that is unlawful under this section if, at the time of the 
harassment--
            ``(1) such individual was authorized by that employer--
                    ``(A) to undertake or recommend tangible employment 
                actions affecting the employee; or
                    ``(B) to direct the employee's daily work 
                activities; or
            ``(2) the negligence of the employer led to the creation or 
        continuation of that hostile work environment.''.
            (2) Standard for employer liability for retaliatory hostile 
        work environment.--Section 4(d)(1) of the Age Discrimination in 
        Employment Act of 1967 (29 U.S.C. 623(d)(1)), as amended by 
        section 205(c)(2), is further amended by striking ``or 
        litigation under this Act.'' and inserting ``or litigation 
        under this Act. Subject to section 206(j) of the BE HEARD in 
        the Workplace Act, an employer shall be liable for the acts of 
        any individual whose harassment of an employee has created or 
        continued a retaliatory hostile work environment that is 
        unlawful under this subsection if, at the time of the 
        harassment--
                    ``(A) such individual was authorized by that 
                employer--
                            ``(i) to undertake or recommend tangible 
                        employment actions affecting the employee; or
                            ``(ii) to direct the employee's daily work 
                        activities; or
                    ``(B) the negligence of the employer led to the 
                creation or continuation of that retaliatory hostile 
                work environment.''.
            (3) Federal employees.--Section 15 of the Age 
        Discrimination in Employment Act of 1967 (29 U.S.C. 633a), as 
        amended by section 205(e)(3), is further amended by adding at 
        the end the following:
    ``(i) Subsections (d) and (o) of section 4 shall apply to 
retaliatory hostile work environment claims and hostile work 
environment claims, respectively, under this section.''.
    (c) Amendment to the Americans With Disabilities Act of 1990.--
            (1) Standard for employer liability for hostile work 
        environment.--Section 102 of the Americans with Disabilities 
        Act of 1990 (42 U.S.C. 12112), as amended by section 205(b)(2), 
        is further amended by adding at the end the following:
    ``(f) Subject to section 206(j) of the BE HEARD in the Workplace 
Act, an employer shall be liable for the acts of any individual whose 
harassment of an employee has created or continued a hostile work 
environment that constitutes discrimination against a qualified 
individual on the basis of disability under this section if, at the 
time of the harassment--
            ``(1) such individual was authorized by the employer--
                    ``(A) to undertake or recommend tangible employment 
                actions affecting the qualified individual; or
                    ``(B) to direct the qualified individual's daily 
                work activities; or
            ``(2) the negligence of the employer led to the creation or 
        continuation of that hostile work environment.''.
            (2) Standard for employer liability for retaliatory hostile 
        work environment.--Section 503 of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12203) is amended--
                    (A) by redesignating subsection (c) as subsection 
                (d);
                    (B) by inserting after subsection (b) the 
                following:
    ``(c) Subject to section 206(j) of the BE HEARD in the Workplace 
Act, an employer shall be liable for the acts of any individual whose 
harassment of an employee has created or continued a retaliatory 
hostile work environment that constitutes retaliatory discrimination, 
as described in subsection (a), or the carrying out of any unlawful 
acts described in subsection (b), if, at the time of the harassment--
            ``(1) such individual was authorized by the employer--
                    ``(A) to undertake or recommend tangible employment 
                actions affecting the employee; or
                    ``(B) to direct the employee's daily work 
                activities; or
            ``(2) the negligence of the employer led to the creation or 
        continuation of that retaliatory hostile work environment.''; 
        and
                    (C) in subsection (d), as redesignated by 
                subparagraph (A), by striking ``subsections (a) and 
                (b)'' and inserting ``subsections (a), (b), and (c)''.
    (d) Amendment to the Rehabilitation Act of 1973.--
            (1) Standard for employer liability for hostile work 
        environment and retaliatory hostile work environment.--Section 
        501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) is 
        amended by adding at the end the following:
    ``(h) Subject to section 206(j) of the BE HEARD in the Workplace 
Act, each department, agency, and instrumentality in the executive 
branch of Government and the Smithsonian Institution shall be liable 
for the acts of any individual within such department, agency, 
instrumentality, or the Smithsonian Institution whose harassment of an 
individual with a disability has created or continued a hostile work 
environment, or a retaliatory hostile work environment, that 
constitutes nonaffirmative action employment discrimination under this 
section if, at the time of the harassment--
            ``(1) such individual was authorized by that department, 
        agency, instrumentality, or the Smithsonian Institution--
                    ``(A) to undertake or recommend tangible employment 
                actions affecting the individual with a disability; or
                    ``(B) to direct the daily work activities of the 
                individual with a disability; or
            ``(2) the negligence of that department, agency, 
        instrumentality, or the Smithsonian Institution led to the 
        creation or continuation of that hostile work environment or 
        retaliatory hostile work environment.''.
            (2) Standard for employer liability for hostile work 
        environment and retaliatory hostile work environment.--Section 
        504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) is 
        amended by adding at the end the following:
    ``(e) Subject to section 206(j) of the BE HEARD in the Workplace 
Act, an employer described under subsection (b) shall be liable for the 
acts of any individual whose harassment of a qualified individual with 
a disability has created or continued a hostile work environment, or a 
retaliatory hostile work environment, that constitutes employment 
discrimination under this section if, at the time of the harassment--
            ``(1) such individual was authorized by such employer--
                    ``(A) to undertake or recommend tangible employment 
                actions affecting the qualified individual with a 
                disability; or
                    ``(B) to direct the daily work activities of the 
                qualified individual with a disability; or
            ``(2) the negligence of such employer led to the creation 
        or continuation of that hostile work environment or retaliatory 
        hostile work environment.''.
            (3) Remedies.--Section 505 of the Rehabilitation Act of 
        1973 (29 U.S.C. 794a) is amended by adding at the end of 
        subsection (a) the following:
            ``(3) Sections 501(h) and 504(e) shall apply to hostile 
        work environment claims and retaliatory hostile work 
        environment claims under this section.''.
    (e) Amendment to Section 1977 of the Revised Statutes.--Section 
1977 of the Revised Statutes (42 U.S.C. 1981) is amended by adding at 
the end the following:
    ``(d) Subject to section 206(j) of the BE HEARD in the Workplace 
Act, a nongovernmental employer shall be liable for the acts of any 
individual whose harassment of an employee has created a hostile work 
environment or a retaliatory hostile work environment, constituting an 
unlawful employment practice, if, at the time of the harassment--
            ``(1) such individual was authorized by the employer--
                    ``(A) to undertake or recommend tangible employment 
                actions affecting the employee; or
                    ``(B) to direct the employee's daily work 
                activities; or
            ``(2) the negligence of the employer led to the creation or 
        continuation of that hostile work environment or retaliatory 
        hostile work environment.''.
    (f) Amendment to the Genetic Information Nondiscrimination Act of 
2008.--
            (1) Standard for employer liability for hostile work 
        environment.--Section 202 of the Genetic Information 
        Nondiscrimination Act of 2008 (42 U.S.C. 2000ff-1), as amended 
        by sections 204(c)(5) and 205(b)(4), is further amended by 
        adding at the end the following:
    ``(f) Subject to section 206(j) of the BE HEARD in the Workplace 
Act, an employer shall be liable for the acts of any individual whose 
harassment of an employee has created or continued a hostile work 
environment that constitutes an unlawful employment practice under this 
section if, at the time of the harassment--
            ``(1) such individual was authorized by the employer--
                    ``(A) to undertake or recommend tangible employment 
                actions affecting the employee; or
                    ``(B) to direct the employee's daily work 
                activities; or
            ``(2) the negligence of the employer led to the creation or 
        continuation of that hostile work environment.''.
            (2) Standard for employer liability for retaliatory hostile 
        work environment.--Section 207(f)(1) of the Genetic Information 
        Nondiscrimination Act (42 U.S.C. 2000ff-6(f)(1)), as amended by 
        section 205(c)(2), is further amended by striking ``violations 
        of this subsection.'' and inserting ``violations of this 
        subsection. Subject to section 206(j) of the BE HEARD in the 
        Workplace Act, an employer shall be liable for the acts of any 
        individual whose harassment of an employee has created or 
        continued a retaliatory hostile work environment that 
        constitutes discrimination under this subsection if, at the 
        time of the harassment--
                    ``(A) such individual was authorized by the 
                employer--
                            ``(i) to undertake or recommend tangible 
                        employment actions affecting the employee; or
                            ``(ii) to direct the employee's daily work 
                        activities; or
                    ``(B) the negligence of the employer led to the 
                creation or continuation of that retaliatory hostile 
                work environment.''.
    (g) Amendment to the Government Employee Rights Act of 1991.--
Section 302 of the Government Employee Rights Act of 1991 (42 U.S.C. 
2000e-16b) is amended by adding at the end the following:
    ``(c) Subject to section 206(j) of the BE HEARD in the Workplace 
Act, an employer of an individual described under section 304(a) shall 
be liable for the acts of any individual whose harassment of a State 
employee described in section 304 has created or continued a hostile 
work environment or a retaliatory hostile work environment constituting 
discrimination under this section, if at the time of the harassment--
            ``(1) such individual was authorized by such employer--
                    ``(A) to undertake or recommend tangible employment 
                actions affecting the employee; or
                    ``(B) to direct the employee's daily work 
                activities; or
            ``(2) the negligence of the employer led to the creation or 
        continuation of that hostile work environment or retaliatory 
        hostile work environment.''.
    (h) Amendment to Title 3, United States Code.--Section 411 of title 
3, United States Code, is amended--
            (1) by redesignating subsections (c) through (f) as 
        subsections (d) through (g), respectively;
            (2) by inserting after subsection (b) the following:
    ``(c) Liability of Employing Office.--Subject to section 206(j) of 
the BE HEARD in the Workplace Act, an employing office shall be liable 
for the acts of any individual whose harassment of a covered employee 
has created or continued a hostile work environment or a retaliatory 
hostile work environment constituting discrimination under this section 
if, at the time of the harassment--
            ``(1) such individual was authorized by the employing 
        office--
                    ``(A) to undertake or recommend tangible employment 
                actions affecting the covered employee; or
                    ``(B) to direct the covered employee's daily work 
                activities; or
            ``(2) the negligence of the employing office led to the 
        creation or continuation of that hostile work environment or 
        retaliatory hostile work environment.''; and
            (3) in subsection (f), as redesignated by paragraph (1), by 
        striking ``subsections (a) through (c)'' and inserting 
        ``subsections (a) through (d).''.
    (i) Amendment to the Congressional Accountability Act of 1995.--
Section 201 of the Congressional Accountability Act of 1995 (2 U.S.C. 
1311) is amended--
            (1) by striking subsection (e); and
            (2) by adding at the end the following:
    ``(e) Outside Individuals.--Subject to section 206(j) of the BE 
HEARD in the Workplace Act, an employing office shall be liable for the 
acts of any individual whose harassment of a covered employee has 
created or continued a hostile work environment or a retaliatory 
hostile work environment that constitutes discrimination under this 
section if, at the time of the harassment--
            ``(1) such individual was authorized by the employing 
        office--
                    ``(A) to undertake or recommend tangible employment 
                actions affecting the covered employee; or
                    ``(B) to direct the covered employee's daily work 
                activities; or
            ``(2) the negligence of the employing office led to the 
        creation or continuation of that hostile work environment or 
        retaliatory hostile work environment.''.
    (j) Rule of Construction.--Nothing in this section shall be 
construed to limit the availability of, or access to, defenses 
available under the law.
    (k) Application.--This section, and the amendments made by this 
section, shall apply to all claims pending on or after the date of 
enactment of this Act.

SEC. 207. EXTENDING THE STATUTES OF LIMITATIONS.

    (a) Civil Rights Act of 1964; Americans With Disabilities Act of 
1990; Genetic Information Nondiscrimination Act of 2008.--Section 706 
of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5) is amended--
            (1) in subsection (e)--
                    (A) in paragraph (1)--
                            (i) by striking ``one hundred and eighty 
                        days after the alleged unlawful employment 
                        practice occurred'' and inserting ``4 years 
                        after the alleged unlawful employment practice 
                        occurred.''; and
                            (ii) by striking ``three hundred days after 
                        the alleged unlawful employment practice 
                        occurred'' and inserting ``4 years and 120 days 
                        after the alleged unlawful employment practice 
                        occurred.''; and
                    (B) in paragraph (3)(B), by striking ``two years 
                preceding the filing of the charge'' and all that 
                follows and inserting ``4 years and 120 days preceding 
                the filing of the charge.''; and
            (2) in subsection (g)(1), by striking ``two years prior to 
        the filing of a charge'' and inserting ``4 years and 120 days 
        preceding the filing of the charge''.
    (b) Age Discrimination in Employment Act of 1967.--Section 7(d) of 
the Age Discrimination in Employment Act of 1967 (29 U.S.C. 626(d)) is 
amended--
            (1) in the second sentence, by redesignating paragraphs (1) 
        and (2) as subparagraphs (A) and (B), respectively;
            (2) by striking ``(d)'' and all that follows through ``No'' 
        and inserting ``(d)(1) No''; and
            (3) in paragraph (1), as designated by paragraph (2) of 
        this subsection--
                    (A) by striking ``Secretary. Such'' and inserting 
                ``Secretary, and such'';
                    (B) in subparagraph (A), by striking ``180 days 
                after the alleged unlawful practice occurred'' and 
                inserting ``4 years after the alleged unlawful practice 
                occurred''; and
                    (C) in subparagraph (B), by striking ``300 days 
                after the alleged unlawful practice occurred'' and 
                inserting ``4 years and 120 days after the alleged 
                unlawful practice occurred''.

SEC. 208. EXTENDING THE TIME LIMITATIONS ON FEDERAL EMPLOYEES FILING A 
              COMPLAINT.

    (a) In General.--The Equal Employment Opportunity Commission 
(referred to in this section as ``the Commission'') shall ensure that a 
covered Federal employee shall not be required to take any action 
necessary to bring a complaint to the department, agency, unit, or 
instrumentality involved prior to 4 years from the date of the matter 
alleged to be discriminatory or, in the case of personnel action, 4 
years from the effective date of the personnel action.
    (b) Covered Employees and Complaints.--In this section, the term 
``covered Federal employee'' means--
            (1) an employee or applicant to whom section 717(a) of the 
        Civil Rights Act of 1964 (42 U.S.C. 2000e-16(a)) applies, in 
        the case of a complaint brought under section 717 of that Act 
        (42 U.S.C. 2000e-16);
            (2) an employee or applicant to whom section 15(a) of the 
        Age Discrimination in Employment Act of 1967 (29 U.S.C. 
        633a(a)) applies, in the case of a complaint brought under 
        section 15 of that Act (29 U.S.C. 633a);
            (3) an employee or applicant to whom section 501 of the 
        Rehabilitation Act of 1973 (29 U.S.C. 791) applies, in the case 
        of a complaint brought to enforce that section under section 
        505 of that Act (29 U.S.C. 794a); and
            (4) an employee or applicant described in section 
        201(2)(A)(v) of the Genetic Information Nondiscrimination Act 
        of 2008 (42 U.S.C. 2000ff(2)(A)(v)), in the case of a complaint 
        brought to enforce title II of that Act (42 U.S.C. 2000ff et 
        seq.) under section 207(e) of that Act (42 U.S.C. 2000ff-6(e)).

      TITLE III--BROADENING PROTECTIONS AND ENSURING TRANSPARENCY

SEC. 301. INDEPENDENT CONTRACTORS, INTERNS, FELLOWS, VOLUNTEERS, AND 
              TRAINEES.

    (a) Covered Employer or Entity.--All protections afforded to an 
employee or individual under a provision that consists of title VII of 
the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), the Government 
Employee Rights Act of 1991 (42 U.S.C. 2000e-16a et seq.), the 
Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.), 
subchapter II of chapter 5 of title 3, United States Code, the Age 
Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.), title 
I and section 503 (for violations with respect to that title) of the 
Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq., 
12203), sections 501 and 505 of the Rehabilitation Act of 1973 (29 
U.S.C. 791, 794a), section 6(d) of the Fair Labor Standards Act of 1938 
(commonly known as the ``Equal Pay Act of 1963'') (29 U.S.C. 206(d)), 
title II of the Genetic Information Nondiscrimination Act of 2008 (42 
U.S.C. 2000ff et seq.), and section 4311 of title 38, United States 
Code, shall be afforded, in the same manner and to the same extent, 
to--
            (1) an individual who is engaged by an employer or entity 
        covered by that provision (referred to in this subsection as a 
        ``covered employer or entity'') as an independent contractor 
        (regardless of business structure, including organization as a 
        legal or commercial entity) or as an intern, fellow, volunteer, 
        or trainee, whether or not the individual receives 
        compensation, academic credit, or other remuneration from the 
        covered employer or entity; or
            (2) an individual who applies or seeks to become such an 
        independent contractor (regardless of business structure, 
        including organization as a legal or commercial entity), 
        intern, fellow, volunteer, or trainee, for the covered employer 
        or entity.
    (b) Covered Establishments.--
            (1) Definition.--In this subsection, the term ``covered 
        establishment'' means an individual or entity that--
                    (A) is not acting as an employer or entity covered 
                by a provision specified in subsection (a); and
                    (B) engages the services (including soliciting such 
                services) of an independent contractor (regardless of 
                business structure, including organization as a legal 
                or commercial entity), intern, fellow, volunteer, or 
                trainee by means of an instrument of transportation or 
                communication in interstate commerce, or through an 
                arrangement that involves the use of such an instrument 
                to carry out or be conveyed to carry out those 
                services.
            (2) Protections.--All protections afforded to an employee 
        or individual under a provision that consists of title VII of 
        the Civil Rights Act of 1964, the Age Discrimination in 
        Employment Act of 1967, title I and section 503 (for violations 
        with respect to that title) of the Americans with Disabilities 
        Act of 1990, section 6(d) of the Fair Labor Standards Act of 
        1938, title II of the Genetic Information Nondiscrimination Act 
        of 2008, and section 4311 of title 38, United States Code, 
        shall be afforded, in the same manner and to the same extent 
        that the provision covers an individual described in section 
        701(f) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(f)), 
        to--
                    (A) an individual who is engaged by a covered 
                establishment as an independent contractor (regardless 
                of business structure, including organization as a 
                legal or commercial entity) or as an intern, fellow, 
                volunteer, or trainee, whether or not the individual 
                receives compensation, academic credit, or other 
                remuneration from the covered establishment; or
                    (B) an individual who applies or seeks to become 
                such an independent contractor (regardless of business 
                structure, including organization as a legal or 
                commercial entity), intern, fellow, volunteer, or 
                trainee, for the covered establishment.
    (c) Domestic Service.--For purposes of the provisions listed in 
subsection (a) and the provisions of this Act, an individual or entity 
who engages the services (by means of an instrument of transportation 
or communication in interstate commerce, or through an arrangement that 
involves the use of such an instrument to carry out or be conveyed to 
carry out those services) of a person in domestic service in a 
household, as an employee, or as an independent contractor, intern, 
fellow, volunteer, or trainee, referred to in subsection (a) or (b) 
shall be considered to be engaged in interstate commerce.
    (d) Rule of Construction.--Nothing in this section shall be 
construed to limit the individuals protected under any provision 
described in subsection (a).
    (e) Interstate Commerce.--In this section, the term ``interstate 
commerce'' means Commerce (as defined in section 3 of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 203)) among the several States.

SEC. 302. NONDISCLOSURE AGREEMENTS.

    (a) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Equal 
        Employment Opportunity Commission.
            (2) Covered establishment.--The term ``covered 
        establishment'' has the meaning given the term in section 301.
            (3) Covered individual.--The term ``covered individual'' 
        means--
                    (A) in the case of an individual required to be 
                afforded protections under section 301(a)--
                            (i) an individual required to be afforded 
                        those protections by an employer described in 
                        paragraph (5)(A);
                            (ii) an individual required to be afforded 
                        those protections by an employer described in 
                        paragraph (5)(B);
                            (iii) an individual required to be afforded 
                        those protections by an employer described in 
                        paragraph (5)(C);
                            (iv) an individual required to be afforded 
                        those protections by an employer described in 
                        paragraph (5)(D); or
                            (v) an individual required to be afforded 
                        those protections by an employer described in 
                        paragraph (5)(E); and
                    (B) in the case of an individual required to be 
                afforded protections under section 301(b) by a covered 
                establishment, that individual.
            (4) Employee.--The term ``employee'' means--
                    (A) an employee (including an applicant), as 
                defined in section 701(f) of the Civil Rights Act of 
                1964 (42 U.S.C. 2000e(f));
                    (B) a State employee (including an applicant) 
                described in section 304(a) of the Government Employee 
                Rights Act of 1991 (42 U.S.C. 2000e-16c(a));
                    (C) a covered employee (including an applicant), as 
                defined in section 101 of the Congressional 
                Accountability Act of 1995 (2 U.S.C. 1301), including 
                an individual treated as a covered employee under that 
                section;
                    (D) a covered employee (including an applicant), as 
                defined in section 411(c) of title 3, United States 
                Code; or
                    (E) an employee or applicant to which section 
                717(a) of the Civil Rights Act of 1964 (42 U.S.C. 
                2000e-16(a)) applies.
            (5) Employer.--The term ``employer'' means--
                    (A) an employer (as defined in section 701(b) of 
                the Civil Rights Act of 1964 (42 U.S.C. 2000e(b)));
                    (B) an entity employing a State employee described 
                in section 304(a) of the Government Employee Rights Act 
                of 1991;
                    (C) an employing office, as defined in section 
                101(a) of the Congressional Accountability Act of 1995 
                (2 U.S.C. 1301(a));
                    (D) an employing office, as defined in section 
                411(c) of title 3, United States Code; or
                    (E) an entity to which section 717(a) of the Civil 
                Rights Act of 1964 applies.
            (6) Nondisclosure clause.--The term ``nondisclosure 
        clause'' means a provision in a contract or agreement 
        establishing that each party to the contract or agreement 
        agrees not to disclose information covered by the terms and 
        conditions of the contract or agreement.
            (7) Nondisparagement clause.--The term ``nondisparagement 
        clause'' means a provision in a contract or agreement requiring 
        one or more parties to the contract or agreement not to make 
        negative statements about another such party.
            (8) Worker.--The term ``worker'' means an employee or a 
        covered individual.
    (b) Unlawful Practices.--
            (1) Nondisparagement and nondisclosure clauses.--Subject to 
        paragraph (3), it shall be an unlawful practice for an employer 
        to proffer or to enter into a contract or agreement with a 
        worker, or for a covered establishment to proffer or to enter 
        into a contract or agreement with a covered individual, as a 
        condition of employment or contracting, promotion, 
        compensation, benefits, or change in employment status or 
        contractual relationship, or as a term, condition, or privilege 
        of employment or contracting, if that contract or agreement 
        contains a nondisparagement clause or nondisclosure clause that 
        covers prohibited harassment or other prohibited discrimination 
        in employment or contracting, or retaliation for reporting, 
        resisting, opposing, or assisting in the investigation of such 
        harassment or other discrimination.
            (2) Prohibition on enforcement.--Subject to paragraph (3) 
        but notwithstanding any other provision of law, it shall be an 
        unlawful practice for an employer or covered establishment to 
        enforce or attempt to enforce a nondisparagement clause or 
        nondisclosure clause that covers prohibited harassment or other 
        prohibited discrimination in employment or contracting, or 
        retaliation for reporting, resisting, opposing, or assisting in 
        the investigation of such harassment or other discrimination. 
        An employer or covered establishment that enforces or attempts 
        to enforce such a nondisparagement clause or such a 
        nondisclosure clause against a worker shall be liable for the 
        reasonable attorney's fees and costs of the worker.
            (3) Settlement or separation agreements.--
                    (A) In general.--The provisions of paragraphs (1) 
                and (2) do not apply to a nondisparagement clause or 
                nondisclosure clause contained in a settlement 
                agreement or separation agreement that resolves legal 
                claims or disputes if--
                            (i) such legal claims accrued or such 
                        disputes arose before the settlement agreement 
                        or separation agreement was executed;
                            (ii) the clause involved is mutually agreed 
                        upon by both--
                                    (I) the employer or covered 
                                establishment, as the case may be; and
                                    (II) the worker;
                            (iii) the worker's agreement to such clause 
                        is knowing and voluntary, as described in 
                        subparagraph (C);
                            (iv) the clause involved is limited to 
                        statements made with knowledge of their falsity 
                        or with reckless disregard for their truth or 
                        falsity;
                            (v) the clause involved prohibits the 
                        employer or covered establishment from publicly 
                        disclosing the name of a victim of an alleged 
                        act of prohibited harassment or other 
                        prohibited discrimination, or disclosing any 
                        information that would reasonably lead to the 
                        disclosure of the identity of such a victim; 
                        and
                            (vi) the settlement agreement or separation 
                        agreement expressly states that the agreement 
                        involved does not prohibit, prevent, or 
                        otherwise restrict a worker from--
                                    (I) filing a charge or complaint 
                                with the Commission, any other Federal, 
                                State, or local agency with the 
                                authority to enforce laws (including 
                                regulations) that prohibit 
                                discrimination, including harassment, 
                                in employment or contracting, as the 
                                case may be, or law enforcement;
                                    (II) testifying at, assisting, or 
                                participating in an investigation or 
                                proceeding conducted by the Commission, 
                                any other Federal, State, or local 
                                agency with the authority to enforce 
                                laws (including regulations) that 
                                prohibit discrimination, including 
                                harassment, in employment or 
                                contracting, as the case may be, or law 
                                enforcement; or
                                    (III) testifying in a hearing or 
                                trial or complying with a request for 
                                discovery in relation to civil 
                                litigation.
                    (B) Prohibition on sole benefit.--For purposes of 
                this paragraph, it shall be an unlawful practice for an 
                employer or covered establishment to unilaterally 
                include a nondisparagement clause or nondisclosure 
                clause that solely benefits the employer or covered 
                establishment in a separation or settlement agreement.
                    (C) Knowing and voluntary agreement.--For purposes 
                of this paragraph, agreement to a nondisparagement 
                clause or nondisclosure clause may not be considered 
                knowing and voluntary unless at a minimum--
                            (i) the nondisparagement clause or 
                        nondisclosure clause is written in a manner 
                        designed to ensure that the worker understands 
                        the content of the clause involved;
                            (ii) the nondisparagement clause or 
                        nondisclosure clause is included only in 
                        exchange for consideration of value provided to 
                        the worker, in addition to anything of value to 
                        which the worker is already entitled;
                            (iii) the nondisparagement clause or 
                        nondisclosure clause does not apply to any 
                        rights or claims that arise after the date the 
                        settlement or separation agreement is executed;
                            (iv) the worker is advised in writing to 
                        consult with an attorney prior to agreeing to 
                        such an agreement that includes a 
                        nondisparagement clause or nondisclosure 
                        clause;
                            (v) the worker is given a period of at 
                        least 21 days to consider any proposal for a 
                        settlement or separation agreement that 
                        includes a nondisparagement clause or 
                        nondisclosure clause; and
                            (vi) the settlement or separation agreement 
                        provides that for a period of at least 7 days 
                        following the execution of such agreement the 
                        worker may revoke the agreement, and the 
                        agreement shall not become effective or 
                        enforceable until the revocation period has 
                        expired.
                    (D) Burden of proof.--In any dispute that may arise 
                over whether any of the requirements of subparagraph 
                (A) have been met, the party asserting the validity of 
                an agreement shall have the burden of proving that the 
                requirements of subparagraph (A) have been met.
                    (E) Financial terms.--Notwithstanding subparagraph 
                (A)(iv), the financial terms of the settlement or 
                separation covered by the agreement may be included in 
                a nondisclosure clause of the agreement if the 
                nondisclosure of the financial terms is limited to a 
                specified period of time. The nondisclosure clause 
                shall not prohibit discussion of the financial terms of 
                the settlement or separation with an accountant or 
                financial advisor.
                    (F) Participation in investigations or 
                proceedings.--No nondisparagement clause or 
                nondisclosure clause may affect the ability of a worker 
                to testify at, assist, or participate in an 
                investigation or proceeding conducted by the 
                Commission, any Federal, State, or local agency with 
                the authority to enforce laws (including regulations) 
                that prohibit discrimination in employment or 
                contracting, as the case may be, or a law enforcement 
                agency.
                    (G) Prohibition on damages.--Under no circumstances 
                shall a worker be required to pay damages for breach of 
                a nondisparagement clause or nondisclosure clause 
                permitted by this paragraph in excess of an amount 
                equal to the consideration of value provided to the 
                worker in exchange for the workers' agreement to the 
                nondisparagement clause or nondisclosure clause.
    (c) Enforcement Against Employers.--
            (1) Enforcement powers.--With respect to the administration 
        and enforcement of this section in the case of a claim alleged 
        by a worker against an employer for a violation of this 
        section--
                    (A) the Commission shall have the same powers as 
                the Commission has to administer and enforce--
                            (i) title VII of the Civil Rights Act of 
                        1964 (42 U.S.C. 2000e et seq.); or
                            (ii) sections 302 and 304 of the Government 
                        Employee Rights Act of 1991 (42 U.S.C. 2000e-
                        16b and 2000e-16c),
                in the case of a claim alleged by an employee of the 
                employer for a violation of such title, or of section 
                302(a)(1) of the Government Employee Rights Act of 1991 
                (42 U.S.C. 2000e-16b(a)(1)), respectively;
                    (B) the Librarian of Congress shall have the same 
                powers as the Librarian of Congress has to administer 
                and enforce title VII of the Civil Rights Act of 1964 
                (42 U.S.C. 2000e et seq.) in the case of a claim 
                alleged by an employee of the employer for a violation 
                of such title;
                    (C) the Board (as defined in section 101(a) of the 
                Congressional Accountability Act of 1995 (2 U.S.C. 
                1301(a))) shall have the same powers as the Board has 
                to administer and enforce the Congressional 
                Accountability Act of 1995 (2 U.S.C. 1301 et seq.) in 
                the case of a claim alleged by an employee of the 
                employer for a violation of section 201(a)(1) of such 
                Act (2 U.S.C. 1311(a)(1));
                    (D) the Attorney General shall have the same powers 
                as the Attorney General has to administer and enforce--
                            (i) title VII of the Civil Rights Act of 
                        1964 (42 U.S.C. 2000e et seq.); or
                            (ii) sections 302 and 304 of the Government 
                        Employee Rights Act of 1991 (42 U.S.C. 2000e-
                        16b and 2000e-16c),
                in the case of a claim alleged by an employee of the 
                employer for a violation of such title, or of section 
                302(a)(1) of the Government Employee Rights Act of 1991 
                (42 U.S.C. 2000e-16b(a)(1)), respectively;
                    (E) the President, the Commission, and the Merit 
                Systems Protection Board shall have the same powers as 
                the President, the Commission, and the Board, 
                respectively, have to administer and enforce chapter 5 
                of title 3, United States Code, in the case of a claim 
                alleged by an employee of the employer for a violation 
                of section 411 of such title; and
                    (F) a court of the United States shall have the 
                same jurisdiction and powers as the court has to 
                enforce--
                            (i) title VII of the Civil Rights Act of 
                        1964 (42 U.S.C. 2000e et seq.) in the case of a 
                        claim alleged by an employee of the employer 
                        for a violation of such title;
                            (ii) sections 302 and 304 of the Government 
                        Employee Rights Act of 1991 (42 U.S.C. 2000e-
                        16b and 2000e-16c) in the case of a claim 
                        alleged by an employee of the employer for a 
                        violation of section 302(a)(1) of such Act (42 
                        U.S.C. 2000e-16b(a)(1));
                            (iii) the Congressional Accountability Act 
                        of 1995 (2 U.S.C. 1301 et seq.) in the case of 
                        a claim alleged by an employee of the employer 
                        for a violation of section 201(a)(1) of such 
                        Act (2 U.S.C. 1311(a)(1)); and
                            (iv) chapter 5 of title 3, United States 
                        Code, in the case of a claim alleged by an 
                        employee of the employer for a violation of 
                        section 411 of such title.
            (2) Procedures and remedies.--The procedures and remedies 
        applicable to a claim alleged by a worker against the employer 
        for a violation of this section are--
                    (A) the procedures and remedies applicable for a 
                violation of title VII of the Civil Rights Act of 1964 
                (42 U.S.C. 2000e et seq.) in the case of a claim 
                alleged by an employee of the employer for a violation 
                of such title;
                    (B) the procedures and remedies applicable for a 
                violation of section 302(a)(1) of the Government 
                Employee Rights Act of 1991 (42 U.S.C. 2000e-16b(a)(1)) 
                in the case of a claim alleged by an employee of the 
                employer for a violation of such section;
                    (C) the procedures and remedies applicable for a 
                violation of section 201(a)(1) of the Congressional 
                Accountability Act of 1995 (2 U.S.C. 1311(a)(1)) in the 
                case of a claim alleged by an employee of the employer 
                for a violation of such section; and
                    (D) the procedures and remedies applicable for a 
                violation of section 411 of title 3, United States 
                Code, in the case of a claim alleged by an employee of 
                the employer for a violation of such section.
            (3) Other applicable provisions.--With respect to a claim 
        alleged by an employee described in subsection (a)(4)(C) or a 
        covered individual described in subsection (a)(3)(A)(iii) for a 
        violation of this section, title III of the Congressional 
        Accountability Act of 1995 (2 U.S.C. 1381 et seq.) shall apply 
        in the same manner as such title applies with respect to a 
        claim alleged by such an employee for a violation of section 
        201(a)(1) of such Act (2 U.S.C. 1311(a)(1)).
    (d) Enforcement Against Covered Establishments.--
            (1) Enforcement powers.--With respect to the administration 
        and enforcement of this section in the case of a claim alleged 
        by a covered individual against a covered establishment for a 
        violation of this section--
                    (A) the Commission shall have the same powers as 
                the Commission has to administer and enforce title VII 
                of the Civil Rights Act of 1964 (42 U.S.C. 2000e et 
                seq.);
                    (B) the Attorney General shall have the same powers 
                as the Attorney General has to administer and enforce 
                title VII of the Civil Rights Act of 1964; and
                    (C) a court of the United States shall have the 
                same jurisdiction and powers as the court has to 
                enforce title VII of the Civil Rights Act of 1964,
        in the case of a claim alleged by an employee described in 
        subsection (a)(4)(A) for a violation of such title.
            (2) Procedures and remedies.--The procedures and remedies 
        applicable to a claim alleged by a covered individual against 
        the covered establishment for a violation of this section are 
        the procedures and remedies applicable for a violation of title 
        VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) 
        in the case of a claim alleged by an employee described in 
        subsection (a)(4)(A) for a violation of such title.
    (e) Right To Report Reserved.--Notwithstanding signing (before, on, 
or after the effective date of this Act) any nondisparagement clause or 
nondisclosure clause, a worker retains--
            (1) any right that person would otherwise have had to 
        report a concern about harassment, including sexual harassment, 
        in employment or contracting or another violation of the law to 
        the Commission, another Federal agency (including an office of 
        the legislative or judicial branch), a State or local fair 
        employment practices agency or any other State or local agency, 
        or a law enforcement agency; and
            (2) any right that person would otherwise have had to bring 
        an action in a court of the United States.
    (f) Regulations.--
            (1) In general.--Except as provided in paragraphs (2), (3), 
        and (4), the Commission shall have authority to issue 
        regulations to carry out this section.
            (2) Librarian of congress.--The Librarian of Congress shall 
        have authority to issue regulations to carry out this section 
        with respect to workers of the Library of Congress.
            (3) Board.--The Board referred to in subsection (c)(1)(C) 
        shall have authority to issue regulations to carry out this 
        section, in accordance with section 304 of the Congressional 
        Accountability Act of 1995 (2 U.S.C. 1384), with respect to 
        employees described in subsection (a)(4)(C) and covered 
        individuals described in subsection (a)(3)(A)(iii).
            (4) President.--The President shall have authority to issue 
        regulations to carry out this section with respect to employees 
        described in subsection (a)(4)(D) and covered individuals 
        described in subsection (a)(3)(A)(iv).
    (g) State and Federal Immunity.--
            (1) Abrogation of state immunity.--A State shall not be 
        immune under the 11th Amendment to the Constitution from a suit 
        brought in a Federal court of competent jurisdiction for a 
        violation of this section.
            (2) Waiver of state immunity.--
                    (A) In general.--
                            (i) Waiver.--A State's receipt or use of 
                        Federal financial assistance for any program or 
                        activity of a State shall constitute a waiver 
                        of sovereign immunity, under the 11th Amendment 
                        to the Constitution or otherwise, to a suit 
                        brought by a covered individual in that program 
                        or activity under this section for a remedy 
                        authorized under paragraph (4).
                            (ii) Definition.--In this subparagraph, the 
                        term ``program or activity'' has the meaning 
                        given the term in section 606 of the Civil 
                        Rights Act of 1964 (42 U.S.C. 2000d-4a).
                    (B) Effective date.--With respect to a particular 
                program or activity, subparagraph (A) applies to 
                conduct occurring on or after the day, after the date 
                of enactment of this Act, on which a State first 
                receives or uses Federal financial assistance for that 
                program or activity.
            (3) Remedies against state officials.--An official of a 
        State may be sued in the official capacity of the official by a 
        covered individual who has complied with the applicable 
        procedures of subsection (c), for equitable relief that is 
        authorized under this section. In such a suit the court may 
        award to the prevailing party those costs authorized by section 
        722 of the Revised Statutes (42 U.S.C. 1988).
            (4) Remedies against the united states and the states.--
        Notwithstanding any other provision of this Act, in an action 
        or administrative proceeding against the United States or a 
        State for a violation of this section, remedies (including 
        remedies at law and in equity, and interest) are available for 
        the violation to the same extent as the remedies are available 
        for a violation of title VII of the Civil Rights Act of 1964 
        (42 U.S.C. 2000e et seq.) by an employer described in 
        subsection (a)(5)(A), except that--
                    (A) punitive damages are not available; and
                    (B) compensatory damages are available to the 
                extent specified in section 1977A(b) of the Revised 
                Statutes (42 U.S.C. 1981a(b)).
    (h) Relationship to Other Laws.--Nothing in this section shall 
invalidate or limit the rights and remedies available to workers under 
the National Labor Relations Act (29 U.S.C. 151 et seq.).

SEC. 303. PROHIBITION ON MANDATORY ARBITRATION AND PROTECTION OF 
              CONCERTED LEGAL ACTION.

    (a) Protection of Concerted Activity.--
            (1) Agreements.--Section 8(e) of the National Labor 
        Relations Act (29 U.S.C. 158(e)) is amended to read as follows:
    ``(e) Notwithstanding chapter 1 of title 9, United States Code 
(commonly known as the `Federal Arbitration Act'), or any other 
provision of law, it shall be an unfair labor practice under subsection 
(a)(1) for any employer--
            ``(1) to enter into or attempt to enforce any agreement, 
        express or implied, whereby prior to or after a dispute to 
        which the agreement applies, an employee undertakes or promises 
        not to pursue, bring, join, litigate, or support any kind of 
        joint, class, or collective claim arising from or relating to 
        the employment of such employee in any forum that, but for such 
        agreement, is of competent jurisdiction;
            ``(2) to coerce an employee into undertaking or promising 
        not to pursue, bring, join, litigate, or support any kind of 
        joint, class, or collective claim arising from or relating to 
        the employment of such employee; or
            ``(3) to retaliate or threaten to retaliate against an 
        employee for refusing to undertake or promise not to pursue, 
        bring, join, litigate, or support any kind of joint, class, or 
        collective claim arising from or relating to the employment of 
        such employee:
 Provided, That any agreement that violates this subsection or results 
from a violation of this subsection shall be to such extent 
unenforceable and void: Provided further, That this subsection shall 
not apply to any agreement embodied in or expressly permitted by a 
contract between an employer and a labor organization.''.
            (2) Certain postdispute arbitration agreements.--Section 
        10(b) of the National Labor Relations Act (29 U.S.C. 160(b)) is 
        amended by striking ``discharge'' and inserting ``discharge, or 
        unless the person aggrieved thereby is alleging a violation of 
        section 8(e) whose charge involves a postdispute arbitration 
        agreement that meets the requirements under section 502(a)(2) 
        of title 9, United States Code, in which event the six-month 
        period shall be computed from the day the waiting period 
        described in subparagraph (C) of such section ends''.
    (b) Arbitration of Work Disputes.--
            (1) In general.--Title 9, United States Code, is amended by 
        adding at the end the following:

               ``CHAPTER 5--ARBITRATION OF WORK DISPUTES

``Sec.
``501. Definitions.
``502. No Validity and enforceability.
``Sec. 501. Definitions
    ``In this chapter:
            ``(1) Commerce; employee; employer.--The terms `commerce', 
        `employee', and `employer' have the meanings given the terms in 
        section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 
        203).
            ``(2) Covered entity.--The term `covered entity' means--
                    ``(A) an employer; or
                    ``(B) an individual or entity that is not acting as 
                an employer and engages the services of a worker.
            ``(3) Presdispute arbitration agreement.--The term 
        `predispute arbitration agreement' has the meaning given the 
        term in section 401.
            ``(4) Postdispute arbitration agreement.--The term 
        `postdispute arbitration agreement' means any agreement to 
        arbitrate a dispute that arose before the time of the making of 
        the agreement.
            ``(5) Worker.--The term `worker' means--
                    ``(A) an employee engaged in an activity affecting 
                commerce; or
                    ``(B) an individual, engaged in an activity 
                affecting commerce, who is engaged by a covered entity 
                to perform services or work as an independent 
                contractor (regardless of the label or classification 
                assigned or used by the covered entity). 
            ``(6) Work dispute.--The term `work dispute'--
                    ``(A) means a dispute between one or more workers 
                (or their authorized representatives) and a covered 
                entity arising out of or related to the work 
                relationship or prospective work relationship between 
                the workers and the covered entity; and
                    ``(B) includes--
                            ``(i) a dispute regarding the terms of, 
                        payment for, advertising of, recruitment of, 
                        referring of, arranging for, or discipline or 
                        discharge in connection with work performed in 
                        connection with such work relationship;
                            ``(ii) a dispute arising under any law 
                        referred to or described in section 62(e) of 
                        the Internal Revenue Code of 1986, including 
                        any part of such a law not explicitly 
                        referenced in such section that relates to 
                        protecting individuals on a basis that is 
                        protected under a law referred to or described 
                        in such section; and
                            ``(iii) a dispute in which an individual or 
                        individuals seek certification--
                                    ``(I) as a class under rule 23 of 
                                the Federal Rules of Civil Procedure;
                                    ``(II) as a collective action under 
                                section 16(b) of the Fair Labor 
                                Standards Act of 1938 (29 U.S.C. 
                                216(b)); or
                                    ``(III) under a comparable rule or 
                                provision of State law.
``Sec. 502. No validity or enforceability
    ``(a) In General.--Notwithstanding any other provision of this 
title--
            ``(1) no predispute arbitration agreement shall be valid or 
        enforceable if it requires arbitration of a work dispute;
            ``(2) no postdispute arbitration agreement that requires 
        arbitration of a work dispute shall be valid or enforceable 
        unless--
                    ``(A) the agreement was not required by the covered 
                entity, obtained by coercion or threat of adverse 
                action, or made a condition of employment, work, or any 
                employment-related or work-related privilege or 
                benefit;
                    ``(B) each worker entering into the agreement was 
                informed in writing using sufficiently plain language 
                likely to be understood by the average worker of--
                            ``(i) the right of the worker under 
                        paragraph (3) to refuse to enter the agreement 
                        without retaliation; and
                            ``(ii) as applicable, the protections under 
                        section 8(a)(6) of the National Labor Relations 
                        Act (29 U.S.C. 158(a)(6));
                    ``(C) each worker entering into the agreement 
                entered the agreement after a waiting period of not 
                fewer than 45 days, beginning on the date on which the 
                employee was provided both the final text of the 
                agreement and the disclosures required under 
                subparagraph (B); and
                    ``(D) each worker entering into the agreement 
                affirmatively consented to the agreement in writing; 
                and
            ``(3) no covered entity may retaliate or threaten to 
        retaliate against a worker for refusing to enter into an 
        agreement that provides for arbitration of a work dispute.
    ``(b) Statute of Limitations.--The statute of limitations for 
bringing an action that arises from or forms the basis for the 
applicable work dispute shall be tolled during the waiting period 
described in subsection (a)(2)(C).
    ``(c) Civil Action.--Any person who is injured by reason of a 
violation of subsection (a)(3) may bring a civil action in the 
appropriate district court of the United States against the covered 
entity within 2 years of the violation, or within 3 years if such 
violation is willful. Relief granted in such an action shall include a 
reasonable attorney's fee, other reasonable costs associated with 
maintaining the action, and any appropriate relief authorized by 
section 706(g) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(g)) 
or by section 1977A(b) of the Revised Statutes (42 U.S.C. 1981a(b)).
    ``(d) Applicability.--
            ``(1) In general.--This chapter applies to covered entities 
        and workers to the fullest extent permitted by the Constitution 
        of the United States, including the work of persons engaged in 
        domestic service in households, as described in section 2(a) of 
        the Fair Labor Standards Act of 1938 (29 U.S.C. 202(a)). An 
        issue as to whether this chapter applies to an arbitration 
        agreement shall be determined under Federal law. The 
        applicability of this chapter to an agreement to arbitrate and 
        the validity and enforceability of an agreement to which this 
        chapter applies shall be determined by a court, rather than an 
        arbitrator, regardless of whether any contractual provision 
        purports to delegate such determinations to the arbitrator and 
        irrespective of whether the party resisting arbitration 
        challenges the arbitration agreement specifically or in 
        conjunction with other terms of the contract containing such 
        agreement.
            ``(2) Collective bargaining agreements.--Nothing in this 
        chapter shall apply to any arbitration provision in a contract 
        between a covered entity and a labor organization, except that 
        no such arbitration provision shall have the effect of waiving 
        the right of a worker to seek judicial enforcement of a right 
        arising under a provision of the Constitution of the United 
        States, the constitution of a State, or a Federal or State 
        statute, or public policy arising therefrom.''.
            (2) Technical and conforming amendments.--
                    (A) In general.--Title 9 of the United States Code 
                is amended--
                            (i) in section 1, by striking ``of 
                        seamen,'' and all that follows through 
                        ``interstate commerce'';
                            (ii) in section 2, by inserting ``or 5'' 
                        before the period at the end;
                            (iii) in section 208, in the second 
                        sentence, by inserting ``or 5'' before the 
                        period at the end; and
                            (iv) in section 307, in the second 
                        sentence, by inserting ``or 5'' before the 
                        period at the end.
                    (B) Table of chapters.--The table of chapters for 
                title 9, United States Code, is amended by adding at 
                the end the following:

``5. Arbitration of work disputes...........................    501.''.
    (c) Effective Date.--This section, and the amendments made by this 
section, shall take effect on the date of enactment of this Act and 
shall apply with respect to any dispute or claim that arises or accrues 
on or after such date, including any dispute or claim to which an 
agreement predating such date applies.

SEC. 304. FEDERAL CONTRACTOR COMPLIANCE WITH LABOR AND CIVIL RIGHTS 
              LAWS.

    (a) Definitions.--In this section:
            (1) Covered contract.--The term ``covered contract'' means 
        a Federal contract for the procurement of property or services, 
        including construction, valued in excess of $500,000.
            (2) Covered subcontract.--The term ``covered 
        subcontract''--
                    (A) means a subcontract for property or services 
                under a Federal contract that is valued in excess of 
                $500,000; and
                    (B) does not include a subcontract for the 
                procurement of commercially available off-the-shelf 
                items.
            (3) Executive agency.--The term ``executive agency'' has 
        the meaning given the term in section 133 of title 41, United 
        States Code.
    (b) Required Pre-Contract Award Actions.--
            (1) Disclosures.--The head of an executive agency shall 
        ensure that the solicitation for a covered contract requires 
        the offeror--
                    (A) to represent, to the best of the offeror's 
                knowledge and belief, whether there has been any 
                administrative merits determination, arbitral award or 
                decision, or civil judgment, as defined in guidance 
                issued by the Secretary of Labor, rendered against the 
                offeror in the preceding 3 years for violations of--
                            (i) the Fair Labor Standards Act of 1938 
                        (29 U.S.C. 201 et seq.);
                            (ii) the Occupational Safety and Health Act 
                        of 1970 (29 U.S.C. 651 et seq.);
                            (iii) the Migrant and Seasonal Agricultural 
                        Worker Protection Act (29 U.S.C. 1801 et seq.);
                            (iv) the National Labor Relations Act (29 
                        U.S.C. 151 et seq.);
                            (v) subchapter IV of chapter 31 of title 
                        40, United States Code (commonly known as the 
                        ``Davis-Bacon Act'');
                            (vi) chapter 67 of title 41, United States 
                        Code (commonly known as the ``Service Contract 
                        Act'');
                            (vii) Executive Order 11246 (42 U.S.C. 
                        2000e note; relating to equal employment 
                        opportunity);
                            (viii) section 503 or 505 of the 
                        Rehabilitation Act of 1973 (29 U.S.C. 793);
                            (ix) section 4212 of title 38, United 
                        States Code;
                            (x) the Family and Medical Leave Act of 
                        1993 (29 U.S.C. 2601 et seq.);
                            (xi) title VII of the Civil Rights Act of 
                        1964 (42 U.S.C. 2000e et seq.);
                            (xii) the Pregnant Workers Fairness Act (42 
                        U.S.C. 2000gg et seq.);
                            (xiii) title I and section 503 (for 
                        violations with respect to that title) of the 
                        Americans with Disabilities Act of 1990 (42 
                        U.S.C. 12111 et seq.; 12203);
                            (xiv) the Age Discrimination in Employment 
                        Act of 1967 (29 U.S.C. 621 et seq.);
                            (xv) title II of the Genetic Information 
                        Nondiscrimination Act of 2008 (42 U.S.C. 2000ff 
                        et seq.);
                            (xvi) as applicable, Executive Order 13658 
                        (79 Fed. Reg. 9851; relating to establishing a 
                        minimum wage for contractors) or Executive 
                        Order 14026 (86 Fed. Reg. 22835; relating to 
                        increasing the minimum wage for Federal 
                        contractors); or
                            (xvii) equivalent State laws, as defined in 
                        guidance issued by the Secretary of Labor;
                    (B) to require each subcontractor for a covered 
                subcontract--
                            (i) to represent to the offeror, and the 
                        executive agency's Labor Compliance Advisor 
                        designated under subsection (d), to the best of 
                        the subcontractor's knowledge and belief, 
                        whether there has been any administrative 
                        merits determination, arbitral award or 
                        decision, or civil judgment, as defined in 
                        guidance issued by the Secretary of Labor, 
                        rendered against the subcontractor in the 
                        preceding 3 years for violations of any of the 
                        labor or civil rights laws listed under 
                        subparagraph (A); and
                            (ii) to update such information every 6 
                        months for the duration of the subcontract; and
                    (C) to consider the advice rendered by the 
                executive agency's Labor Compliance Advisor designated 
                under subsection (d), or information submitted by a 
                subcontractor pursuant to subparagraph (B), in 
                determining whether the subcontractor is a responsible 
                source with a satisfactory record of integrity and 
                business ethics--
                            (i) prior to awarding the subcontract; or
                            (ii) in the case of a subcontract that is 
                        awarded or will become effective within 5 days 
                        of the prime contract being awarded, not later 
                        than 30 days after awarding the subcontract.
            (2) Pre-award corrective measures.--
                    (A) In general.--A contracting officer, prior to 
                awarding a covered contract, shall, as part of the 
                responsibility determination, provide an offeror who 
                makes a disclosure pursuant to paragraph (1) an 
                opportunity to report any steps taken to correct the 
                violations of or improve compliance with the labor or 
                civil rights laws listed in subparagraph (A) of such 
                paragraph, including any agreements entered into with 
                an enforcement agency.
                    (B) Consultation.--The executive agency's Labor 
                Compliance Advisor designated under subsection (d), in 
                consultation with relevant enforcement agencies, shall 
                advise the contracting officer whether agreements are 
                in place or are otherwise needed to address appropriate 
                remedial measures, compliance assistance, steps to 
                resolve issues to avoid further violations, or other 
                related matters concerning the offeror.
                    (C) Responsibility determination.--The contracting 
                officer, in consultation with the executive agency's 
                Labor Compliance Advisor designated under subsection 
                (d), shall consider information provided by the offeror 
                under this subsection in determining whether the 
                offeror is a responsible source with a satisfactory 
                record of integrity and business ethics. The 
                determination shall be based on the guidance reissued 
                under subsection (e)(2)(A) and the final rule reissued 
                under subsection (e)(1).
            (3) Referral of information to suspension and debarment 
        officials.--As appropriate, contracting officers, in 
        consultation with their executive agency's Labor Compliance 
        Advisor, shall refer matters related to information provided 
        under subparagraphs (A) and (B) of paragraph (1) to the 
        executive agency's suspension and debarment official in 
        accordance with agency procedures.
    (c) Post-Award Contract Actions.--
            (1) Information updates.--The contracting officer for a 
        covered contract shall require that the contractor update the 
        information provided under subparagraphs (A) and (B) of 
        subsection (b)(1) every 6 months.
            (2) Corrective actions.--
                    (A) Prime contract.--The contracting officer, in 
                consultation with the Labor Compliance Advisor 
                designated pursuant to subsection (d), shall determine 
                whether any information provided under paragraph (1) 
                warrants corrective action. Such action may include--
                            (i) an agreement requiring appropriate 
                        remedial measures;
                            (ii) compliance assistance;
                            (iii) resolving issues to avoid further 
                        violations;
                            (iv) the decision not to exercise an option 
                        on a contract or to terminate the contract; or
                            (v) referral to the agency suspending and 
                        debarring official.
                    (B) Subcontracts.--The prime contractor for a 
                covered contract, in consultation with the Labor 
                Compliance Advisor, shall determine whether any 
                information provided under subsection (b)(1)(B) 
                warrants corrective action, including remedial 
                measures, compliance assistance, and resolving issues 
                to avoid further violations.
                    (C) Department of labor.--The Secretary of Labor 
                shall, as appropriate, inform executive agencies of its 
                investigations of contractors and subcontractors on 
                covered contracts for purposes of determining the 
                appropriateness of actions described under 
                subparagraphs (A) and (B).
    (d) Labor Compliance Advisors.--
            (1) In general.--Each executive agency shall designate a 
        senior official to act as the agency's Labor Compliance 
        Advisor.
            (2) Duties.--The Labor Compliance Advisor shall--
                    (A) meet quarterly with the Deputy Secretary, 
                Deputy Administrator, or equivalent executive agency 
                official with regard to matters covered under this 
                section;
                    (B) work with the acquisition workforce, agency 
                officials, and agency contractors to promote greater 
                awareness and understanding of the requirements of the 
                labor and civil rights laws listed in subsection 
                (b)(1)(A), including record keeping, reporting, and 
                notice requirements, as well as best practices for 
                obtaining compliance with these requirements;
                    (C) coordinate assistance for executive agency 
                contractors seeking help in addressing and preventing 
                violations of such laws;
                    (D) in consultation with the Secretary of Labor or 
                other relevant enforcement agencies, and pursuant to 
                subsection (b)(2) as necessary, provide assistance to 
                contracting officers regarding appropriate actions to 
                be taken in response to violations of the labor or 
                civil rights laws listed in subsection (b)(1)(A) 
                identified prior to or after contracts are awarded, and 
                address complaints in a timely manner, by--
                            (i) providing assistance to contracting 
                        officers and other executive agency officials 
                        in reviewing the information provided under 
                        paragraphs (1) and (2) of subsection (b) and 
                        subsection (c)(1), or other information 
                        indicating such a violation, in order to assess 
                        the serious, repeated, willful, or pervasive 
                        nature of any such violation and evaluate steps 
                        contractors have taken to correct such 
                        violations or improve compliance with relevant 
                        requirements;
                            (ii) helping agency officials determine the 
                        appropriate response to address violations of 
                        the labor or civil rights laws listed in 
                        subsection (b)(1)(A) or other information 
                        indicating such a violation (particularly a 
                        serious, repeated, willful, or pervasive 
                        violation), including an agreement requiring 
                        appropriate remedial measures, a decision not 
                        to award a contract or exercise an option on a 
                        contract, contract termination, or a referral 
                        to the executive agency suspension and 
                        debarment official;
                            (iii) providing assistance to appropriate 
                        executive agency officials in receiving and 
                        responding to, or making referrals of, 
                        complaints alleging violations by agency 
                        contractors and subcontractors of the labor or 
                        civil rights laws listed in subsection 
                        (b)(1)(A); and
                            (iv) supporting contracting officers, 
                        suspension and debarment officials, and other 
                        agency officials in the coordination of actions 
                        taken pursuant to this subsection to ensure 
                        agency-wide consistency, to the extent 
                        practicable;
                    (E) as appropriate, send information to agency 
                suspension and debarment officials in accordance with 
                agency procedures;
                    (F) consult with the agency's Chief Acquisition 
                Officer and Senior Procurement Executive, and the 
                Department of Labor and other relevant enforcement 
                agencies as necessary, in the development of 
                regulations, policies, and guidance addressing 
                compliance by contractors and subcontractors with the 
                labor and civil rights laws listed in subsection 
                (b)(1)(A);
                    (G) make recommendations to the agency to 
                strengthen agency management of contractor compliance 
                with such labor and civil rights laws;
                    (H) publicly report, on an annual basis, a summary 
                of agency actions taken to promote greater compliance 
                with such laws, including the agency's response under 
                this section to serious, repeated, willful, or 
                pervasive violations of such laws; and
                    (I) participate in the interagency meetings 
                regularly convened by the Secretary of Labor under 
                subsection (e)(2)(B)(iii).
    (e) Measures To Ensure Governmentwide Consistency.--
            (1) Federal acquisition regulation.--
                    (A) In general.--Notwithstanding the Joint 
                Resolution disapproving the rule submitted by the 
                Department of Defense, the General Services 
                Administration, and the National Aeronautics and Space 
                Administration relating to the Federal Acquisition 
                Regulation (Public Law 115-11; 131 Stat. 75) and 
                section 553 of title 5, United States Code, not later 
                than 1 year after the date of enactment of this Act, 
                the Secretary of Defense, the Administrator of the 
                General Services Administration, and the Administrator 
                of the National Aeronautics and Space Administration 
                shall reissue the final rule entitled ``Federal 
                Acquisition Regulation; Fair Pay and Safe Workplaces'' 
                (81 Fed. Reg. 58562 (Aug. 25, 2016)), subject to 
                subparagraph (B).
                    (B) Updated dates.--The agencies described in 
                subparagraph (A) may, in reissuing the final rule under 
                such subparagraph--
                            (i) update any date provided in such final 
                        rule as reasonable and necessary; and
                            (ii) revise any provision in such rule for 
                        consistency with the requirements of this 
                        section.
            (2) Department of labor.--
                    (A) Guidance.--Not later than 1 year after the date 
                of enactment of this Act, the Secretary of Labor shall 
                reissue the guidance entitled ``Guidance for Executive 
                Order 13673, `Fair Pay and Safe Workplaces''' (81 Fed. 
                Reg. 58654 (Aug. 25, 2016)). In reissuing such 
                guidance, the Secretary of Labor may--
                            (i) update any date provided in such 
                        guidance as reasonable and necessary; and
                            (ii) revise any provision in such guidance 
                        for consistency with the requirements of this 
                        section.
                    (B) Additional activities.--The Secretary of Labor 
                shall--
                            (i) develop a process--
                                    (I) for the Labor Compliance 
                                Advisors designated pursuant to 
                                subsection (d) to consult with the 
                                Secretary of Labor in carrying out the 
                                responsibilities of such Labor 
                                Compliance Advisors under subsection 
                                (d)(2)(D);
                                    (II) by which contracting officers 
                                and Labor Compliance Advisors may give 
                                appropriate consideration to 
                                determinations and agreements made by 
                                the Secretary of Labor and the heads of 
                                other executive agencies; and
                                    (III) by which contractors may 
                                enter into agreements with the 
                                Secretary of Labor, or the head of 
                                another executive agency, prior to 
                                being considered for a contract;
                            (ii) review data collection requirements 
                        and processes, and work with the Director of 
                        the Office of Management and Budget, the 
                        Administrator of General Services, and other 
                        agency heads to improve such requirements and 
                        processes, as necessary, to reduce the burden 
                        on contractors and increase the amount of 
                        information available to executive agencies;
                            (iii) regularly convene interagency 
                        meetings of Labor Compliance Advisors to share 
                        and promote best practices for improving 
                        compliance with the labor and civil rights laws 
                        listed in subsection (b)(1)(A); and
                            (iv) designate an appropriate contact for 
                        executive agencies seeking to consult with the 
                        Secretary of Labor with respect to the 
                        requirements and activities under this section.
            (3) Office of management and budget.--The Director of the 
        Office of Management and Budget shall--
                    (A) work with the Administrator of General Services 
                to include in the Federal Awardee Performance and 
                Integrity Information System the information provided 
                by contractors pursuant to subsections (b)(1)(A) and 
                (c)(1) and data on the resolution of any issues related 
                to such information; and
                    (B) designate an appropriate contact for agencies 
                seeking to consult with the Office of Management and 
                Budget on matters arising under this section.
            (4) General services administration.--
                    (A) In general.--The Administrator of General 
                Services, in consultation with other relevant executive 
                agencies, shall establish a single internet website for 
                Federal contractors to use for all Federal contract 
                reporting requirements under this section, as well as 
                any other Federal contract reporting requirements to 
                the extent practicable.
                    (B) Agency cooperation.--The heads of executive 
                agencies with covered contracts shall provide the 
                Administrator of General Services with the data 
                necessary to maintain the internet website established 
                under subparagraph (A).
            (5) Minimizing compliance burden.--After reissuing the 
        guidance under paragraph (2)(A) or the final rule under 
        paragraph (1), the Secretary of Labor or the Secretary of 
        Defense, the Administrator of the General Services 
        Administration, and the Administrator of the National 
        Aeronautics and Space Administration may, respectively, amend 
        such guidance or final rule consistent with the requirements 
        under chapter 5 of title 5, United States Code.
    (f) Implementing Regulations.--Not later than 9 months after the 
date of enactment of this Act, the Federal Acquisition Regulatory 
Council shall amend the Federal Acquisition Regulation to carry out the 
provisions of this section.
    (g) Rules of Construction.--Nothing in this section shall be 
construed as--
            (1) impairing or otherwise affecting the authority granted 
        by law to an executive agency or the head thereof; or
            (2) impairing or otherwise affecting the functions of the 
        Director of the Office of Management and Budget relating to 
        budgetary, administrative, or legislative proposals.

    TITLE IV--NATIONWIDE GRANTS TO PREVENT AND RESPOND TO WORKPLACE 
                  DISCRIMINATION, INCLUDING HARASSMENT

SEC. 401. DEFINITIONS.

    In this title:
            (1) Commission.--The term ``Commission'' means the Equal 
        Employment Opportunity Commission.
            (2) Covered establishment.--The term ``covered 
        establishment'' has the meaning given the term in section 
        302(a)(2).
            (3) Employment discrimination.--The term ``employment 
        discrimination'' means discrimination that is in violation of 
        applicable Federal, State, or local employment law, including 
        each of the following:
                    (A) Title VII of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e et seq.).
                    (B) The Government Employee Rights Act of 1991 (42 
                U.S.C. 2000e-16a et seq.).
                    (C) The Congressional Accountability Act of 1995 (2 
                U.S.C. 1301 et seq.).
                    (D) Subchapter II of chapter 5 of title 3, United 
                States Code.
                    (E) The Age Discrimination in Employment Act of 
                1967 (29 U.S.C. 621 et seq.).
                    (F) Title I and section 503 (for violations with 
                respect to that title) of the Americans with 
                Disabilities Act of 1990 (42 U.S.C. 12111 et seq.; 
                12203).
                    (G) Sections 501 and 505 of the Rehabilitation Act 
                of 1973 (29 U.S.C. 791, 794a).
                    (H) Section 6(d) of the Fair Labor Standards Act of 
                1938 (commonly known as the ``Equal Pay Act of 1963'') 
                (29 U.S.C. 206(d)).
                    (I) Title II of the Genetic Information 
                Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et 
                seq.).
                    (J) Section 4311 of title 38, United States Code.
                    (K) The Pregnant Workers Fairness Act (42 U.S.C. 
                2000gg et seq.).
                    (L) Other Federal, State, or local employment law.
            (4) Employer.--The term ``employer'' has the meaning given 
        the term in section 302(a)(5).
            (5) Worker.--The term ``worker'' has the meaning given the 
        term in section 302(a)(8).

 Subtitle A--National Grants for Preventing and Addressing Employment 
                  Discrimination, Including Harassment

SEC. 411. DEFINITIONS.

    In this subtitle:
            (1) Director.--The term ``Director'' means the Director of 
        the Women's Bureau of the Department of Labor.
            (2) Eligible entity.--The term ``eligible entity'' means 
        any of the following:
                    (A) A nonprofit organization, including a 
                community-based organization, nonprofit legal aid 
                organization, or labor organization, that provides 
                services and support to workers, including by assisting 
                workers in filing charges of employment discrimination.
                    (B) An institution of higher education, as defined 
                in section 101 of the Higher Education Act of 1965 (20 
                U.S.C. 1001).

SEC. 412. GRANTS.

    (a) Grants.--The Director, in consultation with the Commission, 
shall award grants under this section, on a competitive basis, to 
eligible entities to assist such entities in carrying out a program for 
preventing and addressing employment discrimination, including 
harassment, through activities authorized under subsection (b).
    (b) Use of Funds.--
            (1) Permissible activities.--A grant awarded under this 
        section shall be used for activities to prevent and address 
        employment discrimination, including harassment, which may 
        include--
                    (A) educating workers about their rights related to 
                employment discrimination, including harassment;
                    (B) educating employers and covered establishments 
                about their obligations to prevent and address 
                employment discrimination, including harassment;
                    (C) providing assistance to workers in bringing 
                complaints (including filing charges) of employment 
                discrimination, including harassment;
                    (D) establishing networks for education, 
                communication, and participation in the workplace and 
                community;
                    (E) monitoring compliance of employers and covered 
                establishments with Federal, State, and local civil 
                rights, labor, and employment laws;
                    (F) recruiting and hiring of staff and volunteers; 
                and
                    (G) any other activity the Director, in 
                consultation with the Commission, may reasonably 
                prescribe for the purpose of preventing and addressing 
                employment discrimination, including harassment.
            (2) Prohibited activities.--Notwithstanding paragraph (1), 
        an eligible entity receiving a grant under this section may not 
        use the grant funds for any purpose reasonably prohibited by 
        the Director, in consultation with the Commission, through 
        notice and comment rulemaking.
    (c) Term of Grants.--Each grant awarded under this section shall be 
available for expenditure for a period not to exceed 3 years.
    (d) Applications.--
            (1) In general.--An eligible entity seeking a grant under 
        this section shall submit an application for such grant to the 
        Director in accordance with this subsection.
            (2) Partnerships.--Multiple eligible entities may submit a 
        joint application under this subsection that designates a 
        single entity as the lead entity for the purposes of receiving 
        and disbursing funds received through a grant under this 
        section.
            (3) Contents.--An application under this subsection shall 
        include--
                    (A) a description of a plan for the program that 
                the eligible entity proposes to carry out with a grant 
                under this section, including a long-term strategy and 
                detailed implementation plan;
                    (B) information on the prevalence of violations of 
                prohibitions on employment discrimination, including 
                harassment, in the population served by the eligible 
                entity;
                    (C) information on any industry or geographic area 
                targeted by the plan for such program;
                    (D) information on the type of outreach and 
                relationship building that will be conducted under such 
                program;
                    (E) information on the training and education that 
                will be provided to workers, employers, and covered 
                establishments under such program; and
                    (F) the method by which the eligible entity will 
                measure the results of such program.
    (e) Selection.--
            (1) Competitive basis.--In accordance with this section, 
        the Director, in consultation with the Commission, shall, on a 
        competitive basis, select grant recipients from among eligible 
        entities that have submitted an application meeting the 
        requirements under subsection (d).
            (2) Priority.--The Director, in consultation with the 
        Commission, in selecting grant recipients under paragraph (1), 
        shall give priority to eligible entities that--
                    (A) serve workers in any industry or geographic 
                area that is most highly at risk for employment 
                discrimination, including harassment, as identified by 
                the Director, in consultation with the Commission; and
                    (B) demonstrate past and ongoing work to prevent 
                employment discrimination, including harassment.
    (f) Performance Evaluations.--
            (1) In general.--Each grant recipient under this section 
        shall develop procedures for reporting, monitoring, measuring, 
        and evaluating the activities of each program or activity 
        funded under this section.
            (2) Guidelines.--The procedures required under paragraph 
        (1) shall be in accordance with guidelines established by the 
        Director, in consultation with the Commission.

SEC. 413. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Director such sums 
as may be necessary to carry out this subtitle.

     Subtitle B--Grants for Legal Assistance for Low-Income Workers

SEC. 421. DEFINITIONS.

    In this subtitle:
            (1) Covered client.--The term ``covered client'' means an 
        individual who--
                    (A) is an eligible client; and
                    (B) faces legal issues related to harassment or 
                other employment discrimination.
            (2) Eligible client.--The term ``eligible client'' has the 
        meaning given the term in section 1002 of the Legal Services 
        Corporation Act (42 U.S.C. 2996a) and the regulations of the 
        Legal Services Corporation.
            (3) Eligible entity.--The term ``eligible entity'' means--
                    (A) a nonprofit organization; and
                    (B) an individual who is licensed to practice law.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.

SEC. 422. GRANTS FOR CIVIL LEGAL NEEDS RELATED TO EMPLOYMENT 
              DISCRIMINATION.

    (a) Grants Authorized.--
            (1) In general.--The Secretary is authorized to provide 
        financial assistance to eligible entities to enable those 
        eligible entities to provide for the civil legal needs of 
        covered clients that are related to employment discrimination, 
        and to provide for those clients such other services as are 
        necessary to carry out the purposes of this subtitle, including 
        any of the following activities:
                    (A) Providing covered clients advice, legal 
                services, or representation.
                    (B) Assisting covered clients in utilizing the 
                employment discrimination complaint process of the 
                Commission or any other Federal, State, or local agency 
                enforcing an employment discrimination law.
                    (C) Assisting covered clients in utilizing a 
                private employment discrimination complaint process.
                    (D) Conducting outreach activities to publicize the 
                services offered under this section.
            (2) Citizenship status.--An eligible entity receiving a 
        grant under this section shall provide services to a covered 
        client without regard to the citizenship status or 
        authorization to work of the covered client.
    (b) Application.--In order to be eligible to receive a grant under 
this section, an eligible entity shall submit an application to the 
Secretary at such time and in such manner as the Secretary may require. 
Such application shall include--
            (1) a description of the services that the eligible entity 
        proposes to provide, implement, improve, or expand;
            (2) a description of the covered clients the eligible 
        entity intends to serve;
            (3) evidence of the eligible entity's capacity to provide 
        services to covered clients, such as the eligible entity's 
        record of success representing eligible clients in legal 
        matters relating to employment discrimination, or the eligible 
        entity's prior experience serving clients who cannot afford 
        legal counsel;
            (4) an explanation of how the services the eligible entity 
        intends to provide will assist covered clients in addressing 
        legal issues related to employment discrimination; and
            (5) any other information that the Secretary may require.
    (c) Award Basis.--The Secretary shall, in consultation with the 
Legal Services Corporation, award and oversee grants under this section 
pursuant to such procedures and criteria as the Secretary may require. 
Such procedures and criteria shall include consideration of--
            (1) whether the eligible entity has demonstrated an 
        understanding of the legal needs of covered clients;
            (2) the eligible entity's capacity to provide services to 
        covered clients, which may be demonstrated through evidence 
        described in subsection (b)(3);
            (3) the eligible entity's knowledge of applicable Federal, 
        State, and local employment discrimination laws;
            (4) the eligible entity's capacity and ability to access 
        other resources;
            (5) the eligible entity's ability to ensure continuity of 
        service to covered clients with pending legal issues; and
            (6) other factors that the Secretary determines are 
        relevant.
    (d) Equitable Distribution.--To the extent practicable, in awarding 
grants under this section, the Secretary, in consultation with the 
Legal Services Corporation, shall ensure that the grants are made so as 
to provide the most economical and effective delivery of services 
described in subsection (a)(1) to covered clients in both urban and 
rural areas, with consideration of the geographic distribution of 
persons in poverty.
    (e) Duration of the Grant.--
            (1) In general.--A grant under this section shall be for a 
        term of not less than 1 year and not more than 5 years.
            (2) Renewal.--The Secretary may renew a grant awarded under 
        this section for a period of not more than 2 additional years 
        if the eligible entity demonstrates that the eligible entity is 
        effectively using funds and that the renewal of the grant will 
        allow the eligible entity to scale up the provision of 
        services, replicate the program involved, or provide continuity 
        of service to covered clients.
    (f) Report.--Not later than 2 years after the date of enactment of 
this section, the Secretary shall provide to the Committee on Health, 
Education, Labor, and Pensions of the Senate and the Committee on 
Education and the Workforce of the House of Representatives a report on 
the implementation of the grant program under this section, including--
            (1) a description of the services provided using grant 
        assistance under this section, including a detailed description 
        of the types of legal issues addressed by eligible entities and 
        the number of covered clients served; and
            (2) an assessment of the number of individuals facing one 
        or more legal issues related to employment discrimination who 
        cannot afford adequate legal counsel, and the largest areas of 
        unmet need for that counsel.

SEC. 423. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this subtitle 
such sums as may be necessary.

           Subtitle C--Grants for a System of State Advocacy

SEC. 431. PURPOSE.

    The purpose of this subtitle is to provide allotments to support a 
system of advocacy (referred to in this subtitle as a ``system'') in 
each State to protect the legal and human rights of workers in 
accordance with applicable Federal, State, and local employment 
discrimination law.

SEC. 432. DEFINITIONS.

    In this subtitle:
            (1) Record.--The term ``record'' includes--
                    (A) a report prepared by an employer, covered 
                establishment, or staff person charged with 
                investigating reports of employment discrimination that 
                describes incidents of possible discrimination and the 
                steps taken to investigate those incidents;
                    (B) statistical information related to employment 
                decisions and the race, sex (including sexual 
                orientation and gender identity), religion, national 
                origin, age, disability, genetic information, or other 
                protected characteristics of workers;
                    (C) records described in section 11(c) of the Fair 
                Labor Standards Act (29 U.S.C. 211(c)); and
                    (D) any such similar record, as may be necessary to 
                carry out the purposes of this subtitle.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (3) State.--The term ``State'', except as otherwise 
        provided, includes, in addition to each of the several States 
        of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the United States Virgin Islands, 
        Guam, American Samoa, and the Commonwealth of the Northern 
        Mariana Islands.

SEC. 433. ALLOTMENTS AND PAYMENTS.

    (a) Allotments.--
            (1) In general.--To assist States in carrying out a system 
        meeting the requirements under section 434, including the 
        activities for which the system has authority as described in 
        that section, the Secretary shall make allotments, on a fiscal 
        year basis, to States from the amounts appropriated under 
        section 436 and not reserved under paragraph (5).
            (2) Minimum allotments.--In any case in which--
                    (A) the total amount appropriated under section 436 
                for a fiscal year is not less than $20,000,000, the 
                allotment under paragraph (1) for such fiscal year--
                            (i) to each of American Samoa, Guam, the 
                        United States Virgin Islands, and the 
                        Commonwealth of the Northern Mariana Islands 
                        may not be less than $100,000; and
                            (ii) to any State not described in clause 
                        (i) may not be less than $200,000; and
                    (B) the total amount appropriated under section 436 
                for a fiscal year is less than $20,000,000, the 
                allotment under paragraph (1) for such fiscal year--
                            (i) to each of American Samoa, Guam, the 
                        United States Virgin Islands, and the 
                        Commonwealth of the Northern Mariana Islands 
                        may not be less than $50,000; and
                            (ii) to any State not described in clause 
                        (i) may not be less than $150,000.
            (3) Reduction of allotment.--Notwithstanding paragraphs (1) 
        and (2), if the aggregate of the amounts to be allotted to the 
        States pursuant to such paragraphs for any fiscal year exceeds 
        the total amount appropriated for such allotments under section 
        436 for such fiscal year, the amount to be allotted to each 
        State for such fiscal year shall be proportionately reduced.
            (4) Increase in allotments.--If the sum appropriated under 
        section 436 and not reserved under paragraph (5) for any fiscal 
        year exceeds the aggregate of the minimum allotments for all 
        States under this subsection for that fiscal year, such excess 
        amount shall be allotted among the States, including American 
        Samoa, Guam, the United States Virgin Islands, and the 
        Commonwealth of the Northern Mariana Islands, so as to increase 
        proportionately the minimum allotment for each State.
            (5) Technical assistance; american indian consortiums.--In 
        any case in which the total amount appropriated under section 
        436 for a fiscal year is more than $24,500,000, the Secretary 
        shall--
                    (A) use not more than 2 percent of the amount 
                appropriated to provide technical assistance to systems 
                that meet the requirements under section 434 with 
                respect to activities carried out under this subtitle 
                (consistent with requests by such systems for such 
                assistance for the year); and
                    (B) provide a grant in accordance with section 
                434(d) and in an amount described in paragraph 
                (2)(A)(i), to an American Indian consortium to provide 
                protection and advocacy services.
            (6) Reallotments.--
                    (A) In general.--If the Secretary determines that 
                an amount of an allotment to a State for a use in a 
                fiscal year (or the following fiscal year, as provided 
                in subsection (c)) will not be required by the State 
                during the fiscal year (or during such following fiscal 
                year) for the purpose for which the allotment was made, 
                the Secretary shall reallot the amount as described in 
                this paragraph.
                    (B) Timing.--The Secretary may make such a 
                reallotment from time to time, on such date as the 
                Secretary may fix, but not earlier than 30 days after 
                the Secretary has published notice of the intention of 
                the Secretary to make the reallotment in the Federal 
                Register.
                    (C) Amounts.--The Secretary shall reallot the 
                amount to other States with respect to which the 
                Secretary has not made the determination described in 
                subparagraph (A). The Secretary shall reallot that 
                amount in proportion to the original allotments of the 
                other States for such fiscal year, but shall reduce 
                such proportionate amount for any of the other States 
                by the sum (if any) of the proportionate amount that 
                exceeds the total that the Secretary estimates the 
                State needs and will be able to use in a fiscal year 
                (or the following fiscal year, as provided in 
                subsection (c)) and shall proportionately reallot such 
                sum to the remaining States.
                    (D) Treatment.--Any amount reallotted to a State 
                under this subsection for a fiscal year shall be deemed 
                to be a part of the allotment of the State under 
                paragraph (1) for such fiscal year.
    (b) Payment to Systems.--The Secretary shall pay directly to each 
State that has a system in the State that complies with the provisions 
of this subtitle the amount of the allotment made for the State under 
this section, unless the system specifies otherwise, to be used in 
support of the system.
    (c) Unobligated Funds.--Any amount paid to a State under this 
subtitle for a fiscal year and remaining unobligated at the end of such 
year shall remain available to such State for the next fiscal year, for 
the purposes for which such amount was paid.

SEC. 434. SYSTEM REQUIRED.

    (a) In General.--In order for a State to receive an allotment under 
this subtitle, the State shall--
            (1) have in effect a system to protect and advocate for the 
        rights of workers within the State who are or who may be 
        eligible for relief from applicable employment discrimination 
        laws; and
            (2) designate a private nonprofit entity (referred to in 
        this subtitle as an ``lead entity'') to support and carry out 
        the activities of that system.
    (b) Lead Entity Requirements.--
            (1) Characteristics of lead entity.--The State shall ensure 
        that the lead entity designated under subsection (a) shall--
                    (A) not be administered by the State, or an agency 
                or instrumentality of a State; and
                    (B) be independent of any entity that represents 
                the interest of the State, employers, covered 
                establishments, or other corporations.
            (2) No redesignation of lead entity.--The lead entity 
        designated under subsection (a) shall not be redesignated 
        unless--
                    (A) there is good cause for the redesignation;
                    (B) the State has given the lead entity notice of 
                the intention to make such redesignation, including 
                notice regarding the good cause for such redesignation, 
                and given the lead entity an opportunity to respond to 
                the assertion that good cause has been shown;
                    (C) the lead entity has given timely notice of the 
                intended redesignation directly to clients of the lead 
                entity;
                    (D) the State has provided, in plain English and in 
                accessible formats for individuals with disabilities 
                and for individuals who primarily speak a language 
                other than English, an opportunity for public comment; 
                and
                    (E) the lead entity has an opportunity to appeal 
                the redesignation to the Secretary, on the basis that 
                the redesignation was not for good cause.
            (3) Costs of notice.--The costs of the notice required 
        under paragraph (2)(C) shall be paid by the State.
    (c) System Required.--The system described in subsection (a) 
shall--
            (1) have the authority to--
                    (A) pursue legal, administrative, and other 
                appropriate remedies or approaches, as applicable, to 
                ensure the protection of, and advocacy for, the rights 
                of individuals within the State who are or who may be 
                eligible for relief from employment discrimination; and
                    (B) provide information on and referral to programs 
                and services addressing the needs of such individuals;
            (2) have the authority--
                    (A) to investigate incidents of employment 
                discrimination, including harassment, and to conduct 
                investigations of systemic employment discrimination, 
                of such individuals if the incidents are reported to 
                the lead entity or if there is probable cause to 
                believe that the incidents occurred; and
                    (B) to, as necessary and appropriate, investigate 
                and gather data regarding the wages, hours, and other 
                conditions and practices of employment, enter and 
                inspect such places and such records (and make such 
                transcriptions thereof), question individuals described 
                in paragraph (1)(A), and investigate facts, conditions, 
                practices, or matters;
            (3) on an annual basis, develop, submit to the Secretary, 
        and take action with regard to goals and priorities developed 
        through data driven strategic planning for the system's 
        activities;
            (4) on an annual basis, provide to the public, including 
        individuals described in paragraph (1)(A), the regional office 
        of the Commission that serves the State, and any State agency 
        whose purpose is to reduce, eliminate, or redress employment 
        discrimination, an opportunity to comment on--
                    (A) the goals and priorities established by the 
                lead entity and the rationale for the establishment of 
                such goals; and
                    (B) the activities of the lead entity, including 
                the coordination of services with the District office 
                of the Commission that serves the State, any State 
                agency whose purpose is to reduce, eliminate, or 
                redress employment discrimination, and entities 
                carrying out other related programs;
            (5) establish a grievance procedure for clients or 
        prospective clients of the lead entity to ensure that 
        individuals described in paragraph (1)(A) have full access to 
        services of the lead entity;
            (6) have access at reasonable times to any individual 
        described in paragraph (1)(A) in a location in which services 
        and other assistance are provided to such an individual, in 
        order to carry out the purpose of this subtitle;
            (7) have access, not later than 3 business days after the 
        lead entity makes a written request, to the records of any 
        individual described in paragraph (1)(A) (including Federal and 
        State workers) who is a client of the lead entity if such 
        individual, or other legal representative of such individual, 
        has authorized the lead entity to have such access;
            (8) hire and maintain sufficient numbers and types of staff 
        (qualified by training and experience) to carry out the lead 
        entity's functions, except that the State involved shall not 
        apply hiring freezes, reductions in force, prohibitions on 
        travel, or other policies to the staff of the lead entity, to 
        the extent that such policies would impact the staff or 
        functions of the lead entity funded with Federal funds or would 
        prevent the lead entity from carrying out the functions of the 
        system under this subtitle;
            (9) have the authority to educate policymakers; and
            (10) provide assurances to the Secretary that funds 
        allotted to the State under section 433 will be used to 
        supplement, and not supplant, the non-Federal funds that would 
        otherwise be made available for the purposes for which the 
        allotted funds are provided.
    (d) American Indian Consortium.--
            (1) In general.--Upon application to the Secretary, the 
        Secretary shall allot funds to one or more American Indian 
        consortiums established to provide services under this 
        subtitle, in accordance with section 433(a)(5). Such funds 
        shall be used to support services under this subtitle.
            (2) Coordination of systems.--An American Indian consortium 
        under paragraph (1) shall be considered to be a system for 
        purposes of this subtitle and shall coordinate those services 
        with other systems serving the same geographic area.
            (3) Responsible party.--The Tribal council that designates 
        the consortium shall carry out the responsibilities and 
        exercise the authorities specified for a State in this 
        subtitle, with regard to the consortium.

SEC. 435. ADMINISTRATION.

    (a) Governing Board.--The system described in section 434 shall be 
organized as a private nonprofit entity with a multimember governing 
board, and such governing board shall be selected according to the 
policies and procedures of the system, except that--
            (1) the governing board shall be composed of members who 
        broadly represent or are knowledgeable about the needs of the 
        individuals served by the system;
            (2) a majority of the members of the board shall be--
                    (A) attorneys representing the interests of 
                workers;
                    (B) advocates for workers with experience working 
                to protect or expand workers' rights; or
                    (C) workers who have experienced employment 
                discrimination;
            (3) not more than \1/3\ of the members of the governing 
        board may be appointed by the chief executive officer of the 
        State involved, in the case of any State in which such officer 
        has the authority to appoint members of the board;
            (4) the membership of the governing board shall be subject 
        to term limits set by the system to ensure rotating membership; 
        and
            (5) any vacancy in the board shall be filled not later than 
        60 days after the date on which the vacancy occurs.
    (b) Legal Action.--
            (1) In general.--Nothing in this subtitle shall preclude a 
        system from bringing a suit on behalf of individuals described 
        in section 434(c)(1)(A) against a State, or an agency or 
        instrumentality of a State.
            (2) Use of amounts from judgment.--An amount received 
        pursuant to a suit described in paragraph (1) through a court 
        judgment may only be used by the system to further the purpose 
        of this subtitle and shall not be used to augment payments to 
        legal contractors or to award personal bonuses.
    (c) Public Notice of Federal Onsite Review.--The Secretary shall 
provide advance public notice of, and solicit public comments 
regarding, any Federal programmatic or administrative onsite review of 
a system conducted under this subtitle. The Secretary shall prepare an 
onsite visit report containing the results of such review, which shall 
be distributed to the Governor of the State and to other interested 
public and private parties. The comments received in response to the 
notice and public comment solicitation shall be included in the onsite 
visit report.
    (d) Reports.--
            (1) In general.--Beginning for the fiscal year after the 
        fiscal year during which this Act is enacted, each system 
        established in a State pursuant to this subtitle shall annually 
        prepare and transmit to the Secretary a report that describes 
        the activities, accomplishments, and expenditures of the system 
        during the preceding fiscal year, including--
                    (A) a description of the system's goals, the extent 
                to which the goals were achieved, and barriers to that 
                achievement; and
                    (B) the process used to obtain public input, the 
                nature of such input, and how such input was used.
            (2) Disclosure of information.--For purposes of the report 
        described in paragraph (1), the Secretary shall not require the 
        system to disclose the identity of, or any other personally 
        identifiable information related to, any individual requesting 
        assistance from the system.

SEC. 436. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for allotments under 
section 433 such sums as may be necessary.

                      TITLE V--GENERAL PROVISIONS

SEC. 501. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act 
and the amendments made by this Act, and the application of the 
provision or amendment to any other person or circumstance, shall not 
be affected.
                                 <all>