111 S5132 IS: Security And Financial Empowerment for Survivors Act of 2024
U.S. Senate
2024-09-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II
118th CONGRESS
2d Session
S. 5132
IN THE SENATE OF THE UNITED STATES
September 19, 2024
Mrs. Murray (for herself, Ms. Baldwin, Mr. Blumenthal, Mr. Casey, Ms. Hirono, Ms. Klobuchar, Mr. Padilla, Mr. Sanders, Mrs. Shaheen, and Mr. Van Hollen) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions
A BILL
To promote the economic security and safety of survivors of domestic violence, dating violence, sexual assault, or stalking, and for other purposes.
1.

Short title; table of contents
(a)

Short title
This Act may be cited as the “Security And Financial Empowerment for Survivors Act of 2024” or the “SAFE for Survivors Act of 2024”.
(b)

Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Rule of construction regarding more protective laws, agreements, programs, and plans.
Sec. 5. Arbitration.
TITLE I—Reauthorization of National Resource Center grants on workplace responses to assist victims of domestic and sexual violence
Sec. 101. Grant program reauthorization.
TITLE II—Safe leave for addressing qualifying acts of violence
Sec. 201. Entitlement to safe leave for addressing domestic violence, dating violence, sexual assault, or stalking.
Sec. 202. Prohibited acts.
Sec. 203. Enforcement.
Sec. 204. Existing leave usable for a qualifying act of violence.
Sec. 205. Emergency benefits.
Sec. 206. Regulations.
TITLE III—Survivors’ employment sustainability
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Prohibited discriminatory acts.
Sec. 304. Remedies and enforcement.
Sec. 305. Rulemaking.
Sec. 306. Attorney’s fees.
TITLE IV—Entitlement to unemployment compensation for victims of a qualifying act of violence
Sec. 401. Unemployment compensation for victims of a qualifying act of violence.
TITLE V—Insurance protections and support for victims of a qualifying act of violence
Subtitle A—Insurance protections
Sec. 501. Definitions.
Sec. 502. Discriminatory acts prohibited.
Sec. 503. Insurance protocols for victims of a qualifying act of violence.
Sec. 504. Reasons for adverse actions.
Sec. 505. Life insurance.
Sec. 506. Subrogation without consent prohibited.
Sec. 507. Enforcement.
Sec. 508. Applicability.
Subtitle B—Supporting and empowering victims
Sec. 511. Qualifying acts of violence education and information programs for victims.
Sec. 512. Investing in public health infrastructure to improve support for victims.
TITLE VI—Severability
Sec. 601. Severability.
2.

Findings
Congress finds the following:
(1)
Gender-based violence is prevalent in the United States. According to the Centers for Disease Control and Prevention, almost 1 in 4 women report having experienced severe physical violence from an intimate partner in their lifetime and 1 in 4 women reported an attempted or completed rape during their lifetime. Such violence has a devastating impact on women’s physical and emotional health, financial security, and ability to maintain their jobs, and thus impacts interstate commerce and economic security.
(2)
A large percentage of the workforce are survivors of domestic and sexual violence, and many of them struggle to remain connected to the workforce as they face numerous challenges in obtaining and maintaining employment as a consequence of the abuse.
(3)
The Office on Violence Against Women of the Department of Justice defines domestic violence as a pattern of abusive behavior in any relationship that is used by one intimate partner to gain or maintain power and control over another intimate partner. Domestic violence can include physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. Domestic violence includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound an individual.
(4)
Homicide is one of the leading causes of death for women on the job. Domestic partners or relatives commit 43 percent of workplace homicides against women. One study found that intimate partner violence resulted in 142 homicides among women at work in the United States from 2003 to 2008, a figure which represents 22 percent of the 648 workplace homicides among women during the period. In fact, in 2010, homicides against women at work increased by 13 percent despite continuous declines in overall workplace homicides in recent years.
(5)
Women in the United States are 28 times more likely to be murdered with guns than women in other high-income countries. Female intimate partners are more likely to be murdered with a firearm than all other means combined. The presence of a gun in domestic violence situations increases the risk of homicide for women by 500 percent.
(6)
Violence can have a dramatic impact on the survivor of such violence. Studies indicate that 44 percent of surveyed employed adults experienced the effect of domestic violence in the workplace, domestic violence victims report that they lost a job, and 1 in 3 domestic violence victims report that they lost a job due to domestic violence. Another recent survey found that 78 percent of offenders used workplace resources to express anger, check up on, pressure, or threaten a survivor of sexual assault, whether occurring in or out of the workplace, can impair an employee’s work performance, require time away from work, and undermine the employee’s ability to maintain a job. Nearly 50 percent of sexual assault survivors lose their jobs or are forced to quit in the aftermath of the assaults.
(7)
In a study commission by the Office on Violence Against Women of the Department of Justice, 66 percent of respondents said an abusive partner had disrupted their ability to complete education or training through tactics such as not allowing them access to money to pay for school, socially isolating the survivor, controlling or monitoring their mobility, using physical or sexual violence, and damaging or destroying personal property.
(8)
Significant barriers survivors confront include housing, transportation, and child care. Ninety-two percent of homeless women have experienced domestic violence, and more than 50 percent cite domestic violence as the direct cause for homelessness. Survivors are deprived of their autonomy, liberty, and security, and face tremendous threats to their health and safety.
(9)
The National Institutes of Health report that survivors of severe intimate partner violence lose nearly 8,000,000 days of paid work, which is the equivalent of more than 32,000 full-time jobs and almost 5,600,000 days of household productivity each year. Therefore, women disproportionately need time off to care for their health or to find safety solutions, such as obtaining a restraining order or finding housing, to avoid or prevent further violence.
(10)
Annual costs of intimate partner violence are estimated over $8,300,000,000. According to the Centers for Disease Control and Prevention, the costs of intimate partner violence against women in 1995 exceeded an estimated $5,800,000,000. These costs included nearly $4,100,000,000 in the direct costs of medical and mental health care and nearly $1,800,000,000 in the indirect costs of lost productivity. These statistics are generally considered to be underestimated because the costs associated with the criminal justice system are not included.
(11)
Studies estimate that work days lost due to intimate partner violence, sexual violence, or stalking over victims’ lifetimes are worth an estimated $137,800,000,000 (calculated using 2022 dollars). According to the Bureau of Justice Statistics, about 3,400,000 of all persons age 16 or older were victims of stalking in 2019. Moreover, 17 percent of stalking victims describe losing a job or job opportunities, 1 in 8 employed stalking victims lose time from work as a result of their victimization, and more than half lose 5 days of work or more.
(12)
Fifty-five percent of senior executives recently surveyed said domestic violence has a harmful effect on their company’s productivity. Seventy-eight percent of human resources professionals consider partner violence a workplace issue. However, more than 70 percent of United States workplaces have no formal program or policy that addresses workplace violence, let alone domestic violence. In fact, only 20 percent of employers provided training on domestic violence.
(13)
Studies indicate that one of the best predictors of whether a survivor will be able to stay away from his or her abuser is the degree of his or her economic independence. However, domestic violence, dating violence, sexual assault, and stalking often negatively impact a survivor’s ability to maintain employment.
(14)
Abusers frequently seek to exert financial control over their partners by actively interfering with their ability to work, including preventing their partners from going to work, harassing their partners at work, limiting their partners’ access to cash or transportation, and sabotaging their partners’ child care arrangements.
(15)
Economic abuse refers to behaviors that control an intimate partner’s ability to acquire, use, and maintain access to, money, credit, ownership of assets, or access to governmental or private financial benefits, including defaulting on joint obligations (e.g. school loans, credit card debt, mortgage, or rent). Other forms may include—
(A)
preventing someone from attending school;
(B)
threatening to or actually terminating employment;
(C)
controlling or withholding access to cash, checking, or credit accounts; and
(D)
attempts to damage or sabotage an intimate partner’s creditworthiness, including forcing a survivor to write bad checks, taking on debt in the survivor’s name, including forcing a survivor to default on payments related to household needs, such as housing, or forcing a survivor into bankruptcy.
(16)
Economic abuse is a significant aspect of teen dating violence, and has harmful long-term impacts on educational attainment, employment opportunities, and financial independence.
(17)
The Patient Protection and Affordable Care Act (Public Law 111–148), and the amendments made by such Act, ensures that most health plans must cover preventive services, including screening and counseling for domestic violence, at no additional cost. In addition, it prohibits insurance companies from discriminating against patients for preexisting conditions, like domestic violence.
(18)
Yet, more can be done to help survivors. Federal law in effect on the day before the date of enactment of this Act does not explicitly—
(A)
authorize survivors of domestic violence, dating violence, sexual assault, or stalking to take leave from work to seek legal assistance and redress, counseling, or assistance with safety planning activities;
(B)
address the eligibility of survivors of domestic violence, dating violence, sexual assault, stalking, sexual harassment, family violence, gender-based violence and harassment, or trafficking for unemployment compensation;
(C)
provide job protection to survivors of domestic violence, dating violence, sexual assault, stalking, sexual harassment, family violence, gender-based violence and harassment, or trafficking;
(D)
prohibit insurers and employers who self-insure employee benefits from discriminating against survivors of domestic violence, dating violence, sexual assault, stalking, sexual harassment, family violence, gender-based violence and harassment, or trafficking, and those who help them in determining eligibility, rates charged, and standards for payment of claims; or
(E)
prohibit insurers from disclosing information about abuse and the location of the survivors through insurance databases and other means.
(19)
October is National Domestic Violence Awareness Month.
(20)
This Act aims to empower survivors of domestic violence, dating violence, sexual assault, or stalking to be free from violence, hardship, and control, which restrains basic human rights to freedom and safety in the United States.
3.

Definitions
In this Act:
(1)

Communication of an intimate visual depiction
(A)

In general
The term communication of an intimate visual depiction, when used with respect to an individual, includes a transmission, dissemination, or receipt through electronic or other communication containing at least 1 intimate visual depiction of the individual without the individual's consent.
(B)

Definitions
In this paragraph:
(i)

Intimate visual depiction
The term intimate visual depiction means any—
(I)
photograph, motion picture film, videotape, digital image, image from social media, or any other recording or other image of an individual (other than the person taking the image), which individual is identifiable from the image itself or from information displayed with or otherwise connected to the image, that depicts—
- (aa)
sexual activity, including sexual intercourse or masturbation; or
- (bb)
an individual’s intimate body parts, whether nude or visible through less than opaque clothing; or
(II)
deepfake of the individual used to realistically depict the individual such that a reasonable person would believe the individual is actually depicted, that depicts—
- (aa)
sexual activity, including sexual intercourse or masturbation; or
- (bb)
an individual’s intimate body parts, whether nude or visible through less than opaque clothing.
(ii)

Consent
The term consent means an affirmative, conscious, and voluntary authorization made by an individual free from force, fraud, duress, misrepresentation, or coercion.
(iii)

Deepfake
The term deepfake means a video or image that is generated or substantially modified using machine-learning techniques or any other computer-generated or machine-generated means to falsely depict an individual’s appearance or conduct.
(2)

Dating violence; sexual assault; stalking
The terms dating violence, sexual assault, and stalking have the meanings given the terms in section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291).
(3)

Domestic partner
(A)

In general
The term domestic partner, with respect to an individual, means another individual with whom the first individual is in a committed relationship, as defined under subparagraph (B).
(B)

Committed relationship
In this paragraph, the term committed relationship means a relationship in which the covered individual, and the domestic partner of the covered individual, share responsibility for a significant measure of each other's common welfare. This includes any relationship between individuals of the same or different sex that is granted legal recognition by a State or other political subdivision as a marriage or analogous relationship (including a civil union).
(4)

Domestic violence
The term domestic violence has the meaning given the term in section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291), except that the reference in such section to the term jurisdiction receiving grant funding shall be deemed to mean the jurisdiction in which the victim lives.
(5)

Employ; State
The terms employ and State have the meanings given the terms in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).
(6)

Employee
(A)

In general
The term employee means any individual employed by an employer. In the case of an individual employed by a public agency, such term means an individual employed as described in section 3(e)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)(2)).
(B)

Basis
The term includes an individual employed as described in subparagraph (A) on a full- or part-time basis, for a fixed time period, on a temporary basis, pursuant to a detail, or as a participant in a work assignment as a condition of receipt of Federal or State income-based public assistance.
(7)

Employer
The term employer has the meaning given the term in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b)).
(8)

Employment benefits
The term employment benefits means all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an employee benefit plan, as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)).
(9)

Family or household member
The term family or household member, used with respect to an individual, means an individual who—
(A)
is a son or daughter, parent, spouse, domestic partner, or any other individual related by blood or affinity whose close association with the individual is the equivalent of a family relationship; and
(B)
is not the abuser (as defined in section 501) involved.
(10)

Family violence
The term family violence has the meaning given the term in section 302 of the Family Violence Prevention and Services Act (42 U.S.C. 10402), except that such term shall include an action committed against that individual by any family member or any person who resides in that individual’s household.
(11)

Gender-based violence and harassment
(A)

In General
The term gender-based violence and harassment means violence and harassment directed at an individual because of their sex or gender, or affecting individuals of a particular sex or gender disproportionately, and includes sexual harassment.
(B)

Violence and harassment
In this paragraph, the term violence and harassment means a range of unacceptable behaviors and practices, or threats thereof, whether a single occurrence or repeated, that aim at, result in, or are likely to result in physical, psychological, sexual, economic, or technological harm, and includes sexual harassment.
(12)

Person
The term person has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).
(13)

Public agency
The term public agency has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).
(14)

Public assistance
The term public assistance includes cash, benefits issued under a supplemental nutrition assistance program under section 4 of the Food and Nutrition Act of 2008 (7 U.S.C. 2013), medical assistance, housing assistance, and other benefits provided on the basis of income by a public agency.
(15)

Qualifying act of violence
The term qualifying act of violence means an act, conduct, or pattern of conduct that is or could constitute any of the following:
(A)
Domestic violence.
(B)
Family violence.
(C)
Sexual assault.
(D)
Sexual harassment.
(E)
Stalking.
(F)
Dating violence.
(G)
Trafficking.
(H)
Communication of an intimate visual depiction.
(I)
Other forms of gender-based violence or harassment.
(J)
An act, conduct, or pattern of conduct—
(i)
in which an individual causes or threatens to cause bodily injury or death to another individual;
(ii)
in which an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual; or
(iii)
in which an individual uses, or makes a reasonably perceived or actual threat to use force against another individual to cause bodily injury or death.
(16)

Sexual harassment
The term sexual harassment means conduct that is considered to be sexual harassment under applicable Federal, Tribal, or State law.
(17)

Trafficking
The term trafficking means an act or threat of an act that may constitute sex trafficking or human trafficking, as prescribed by Federal, Tribal, or State law.
(18)

Victim of a qualifying act of violence
The term victim of a qualifying act of violence includes—
(A)
an individual who has experienced or is experiencing a qualifying act of violence; and
(B)
an individual whose family or household member has experienced or is experiencing a qualifying act of violence.
(19)

Victim services organization
The term victim services organization means an organization that provides services to victims of a qualifying act of violence, including telephonic or web-based hotlines, legal assistance and legal advocacy, economic advocacy, emergency and transitional shelter, accompaniment and advocacy through medical, civil or criminal justice, immigration, and social support systems, crisis intervention, short-term individual and group support services, information and referrals, culturally specific services, population specific services, and other related supportive services.
4.

Rule of construction regarding more protective laws, agreements, programs, and plans
Nothing in this Act, including the amendments made by this Act, shall be construed to supersede any provision of any Federal, State, or local law, collective bargaining agreement, or employment benefits program or plan that provides—
(1)
greater leave rights for victims of a qualifying act of violence than the rights established under this Act; or
(2)
leave benefits for a larger population of victims of a qualifying act of violence (as defined in such law, agreement, program, or plan) than the victims of a qualifying act of violence covered under this Act.
5.

Arbitration
(a)

In general
Notwithstanding any other provision of this Act, no predispute arbitration agreement or predispute joint-action waiver, as those terms are defined in section 401 of title 9, United States Code, that relates to a claim arising out of title II, title III, or title V, shall be valid or enforceable.
(b)

Applicability
An issue as to whether title II, title III, or title V applies with respect to a dispute shall be determined under Federal law. The applicability of such a title to an agreement to arbitrate and the validity and enforceability of an agreement to which such a title applies shall be determined by a court, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement, and irrespective of whether the agreement purports to delegate such determinations to an arbitrator.
I

Reauthorization of National Resource Center grants on workplace responses to assist victims of domestic and sexual violence
101.

Grant program reauthorization
(a)

Information and assistance to victim service providers and community organizations
Section 41501(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12501(a)) is amended by striking the period at the end and inserting “, and to victim services organizations (as defined in section 3 of the SAFE for Survivors Act of 2024) (including community based organizations) and Tribal, State, and territorial domestic violence or sexual assault coalitions to enable the organizations and coalitions to provide resource materials or other assistance to employers, labor organizations, or employees.”.
(b)

Administrative provisions
Section 41501 of the Violence Against Women Act of 1994 (34 U.S.C. 12501) is amended by adding at the end the following:
“(h)

Administrative Costs
(1)

In general
From the amount appropriated pursuant to subsection (f) for each fiscal year, the Attorney General shall not use more than 2.5 percent for the administration and monitoring of grants made available under this section.
(2)

Evaluations
From the amount appropriated pursuant to subsection (f) for each fiscal year, the Director of the Office on Violence Against Women shall not use more than 5 percent to award contracts or cooperative agreements to entities with demonstrated expertise in program evaluation to evaluate programs under this section.”.
II

Safe leave for addressing qualifying acts of violence
201.

Entitlement to safe leave for addressing domestic violence, dating violence, sexual assault, or stalking
(a)

Safe leave generally
An employer shall provide each employee employed by the employer not less than 40 work days of leave in a 12-month period to be used as described in subsection (d) (referred to in this title as “safe leave”), of which not fewer than 10 workdays (of the employee’s choice) shall be paid. The remaining days of safe leave may be unpaid leave, except that the employee may elect to substitute the leave under section 204. An employee may take not more than a total of 40 work days of paid or unpaid safe leave in a 12-month period under this section (which may be taken intermittently or on a reduced leave schedule), in addition to any leave taken under title I of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.) or subchapter V of chapter 63 of title 5, United States Code.
(b)

Construction
Nothing in this section shall be construed as requiring financial or other reimbursement to an employee from an employer upon the employee’s termination, resignation, retirement, or other separation from employment for earned paid safe leave that has not been used.
(c)

Reinstatement
If an employee is separated from employment with an employer and is rehired, within 12 months after that separation, by the same employer, the employer shall (in addition to providing unpaid safe leave in accordance with subsection (a)) reinstate the employee’s previously earned paid safe leave. The employee shall be entitled to use the earned paid safe leave and earn additional paid safe leave at the recommencement of employment with the employer.
(d)

Uses
Safe leave earned under this section may be used by an employee for an absence resulting from a qualifying act of violence if the time is for the employee or employee’s family or household member to—
(1)
seek, receive, or secure counseling;
(2)
seek or secure temporary or permanent relocation or take steps to secure an existing home;
(3)
seek, receive, or follow up on assistance from an organization or agency providing services to victims;
(4)
seek legal assistance or attend legal proceedings, including preparation for or participation in any related administrative, civil, or criminal legal proceeding or other related activities;
(5)
seek medical attention for physical or psychological injury or disability caused or aggravated by a qualifying act of violence;
(6)
attend or make arrangements for the funeral or alternative to a funeral or wake of a victim of a qualifying act of violence who died as a result of a qualifying act of violence or grieve the death of a victim who died as a result of a qualifying act of violence;
(7)
obtain or provide childcare or adult dependent care necessary as a result of a qualifying act of violence;
(8)
enroll a child in a new school or make a care arrangement;
(9)
access financial services or meet with a financial professional to address financial issues resulting from the qualifying act of violence;
(10)
enroll, renew, or otherwise obtain benefits or public assistance or other services;
(11)
access accessibility accommodations, including retrofitting home or vehicle or securing or being fitted for accessibility equipment; or
(12)
take any other steps necessary to protect or restore their physical, mental, emotional, and economic well-being or the well-being of a family member recovering from covered acts.
(e)

Procedures
(1)

Request
Safe leave shall be provided upon the oral or written request of an employee. Such request shall—
(A)
include the expected duration of the period of such leave; and
(B)
be provided as soon as practicable after the employee is aware of the need for such period.
(2)

Certification
(A)

In general
If the period in question covers more than 3 workdays, an employer may require that a request for safe leave under this section for a purpose described in subsection (d) be supported—
(i)
by any form of certification, as determined by the employee, consisting of—
(I)
a sworn statement of the employee or the family or household member, or another person with knowledge of the situation, as the case may be;
(II)
documentation from an employee or volunteer working for a victim services organization, an attorney, a police officer, a medical professional, a social worker, an antiviolence counselor, a member of the clergy, or another professional, affirming that the employee or a family or household member of the employee is a victim of a qualifying act of violence;
(III)
a police or court record indicating that the employee, or a family or household member of the employee, was a victim of a qualifying act of violence;
(IV)
a court order protecting or separating the employee or a family or household member of the employee from the perpetrator of a qualifying act of violence or other evidence from the court or prosecuting attorney that the employee or family or household member has appeared in court or is scheduled to appear in court in a proceeding related to a qualifying act of violence; or
(V)
other corroborating evidence concerning the employee or family or household member; and
(ii)
if the victim is the employee’s family or household member, in order to verify the employee’s relationship with the victim, by information that may include a sworn statement of the employee, a birth certificate, a court document, or other corroborating evidence.
(B)

Survivor information protections
(i)

In general
The facts to be disclosed in any certification shall be limited to the minimum necessary to verify a need for the employee to be absent from work in connection with a qualifying act of violence, and the employee shall not be required to explain the details of the qualifying act of violence or how leave will be used.
(ii)

Limitation on information requirements
An employer may not require an employee, in order to obtain leave under this section, to produce, discuss with the employer, or provide—
(I)
any additional information, beyond the information enumerated in this subsection that establishes that the employee is eligible for leave under this section; or
(II)
any information that would compromise the safety of the employee or family or household member in any way.
(C)

Timeliness
The employee shall provide a copy of such certification to the employer in a timely manner, and not later than 30 days after the first day of the period of leave, to the extent practicable. The employer shall not delay the commencement of the period of leave on the basis that the employer has not yet received the certification.
(3)

Prohibition
An employer may not require, as a condition of providing safe leave under this title, that the employee involved search for or find a replacement employee to cover the hours during which the employee is using safe leave.
(f)

Confidentiality; nondisclosure for victims
(1)

Confidentiality
All information provided to the employer pursuant to subsection (e), and the fact that the employee or family or household member is a victim of a qualifying act of violence, and the employee has requested or obtained safe leave pursuant to this section, shall be retained in the strictest confidence by the employer, except to the extent that disclosure is—
(A)
requested or consented to by the employee in writing; or
(B)
otherwise required by applicable Federal or State law.
(2)

Confidential communications
The provision of any information under this section does not waive or diminish the confidential or privileged nature of communications between a victim of a qualifying act of violence with one or more of the individuals or entities providing information under subclause (II), (III), (IV), or (V) of clause (i), or clause (ii), of subsection (e)(2)(A).
(3)

Nondisclosure
If an employer possesses health information about an employee or an employee’s family or household member in connection with a certification under this section, such information shall—
(A)
be maintained on a separate form and in a separate file from other personnel information;
(B)
be treated as a confidential medical record; and
(C)
not be disclosed except to the affected employee or with the written permission of the affected employee.
(g)

Employment and benefits
(1)

Restoration to position
(A)

In general
Except as provided in paragraph (2), any employee who takes leave under this section for the intended purpose of the leave shall be entitled, on return from such leave—
(i)
to be restored by the employer to the position of employment held by the employee when the leave commenced; or
(ii)
to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.
(B)

Loss of benefits
The taking of leave under this section shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced.
(C)

Limitations
Nothing in this subsection shall be construed to entitle any restored employee to any accrual, right, benefit, or position described in section 104(a)(3) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2614(a)(3)).
(D)

Construction
Nothing in this paragraph shall be construed to prohibit an employer from requiring an employee on leave under this section to report periodically to the employer on the status and intention of the employee to return to work.
(2)

Maintenance of health benefits
During any period that an employee takes leave under this section, the employer shall maintain coverage under any group health plan (meaning a group health plan as defined in section 5000(b)(1) of the Internal Revenue Code of 1986 or an employee welfare benefit plan as defined in section 3(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(1))) for the duration of such leave at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of such leave.
202.

Prohibited acts
(a)

Interference with rights
(1)

In general
It shall be unlawful for any person to interfere with, restrain, deny, or retaliate against an individual because of the exercise of, or the attempt to exercise, any right provided under section 201, including through—
(A)
discharging or in any other manner discriminating against (including retaliating against) an individual because the individual has requested, indicated an intent to request, or taken safe leave; or
(B)
using the request for or use of such leave as a negative factor in an employment action.
(2)

Rebuttable presumption of retaliation
Any adverse action (including any action described in paragraph (1)) taken against an employee in the 12 month period after an employee takes any leave for which the employee is eligible shall establish a rebuttal presumption that the action of the employer is retaliating against such employee in violation of paragraph (1).
(3)

Discrimination
It shall be unlawful for any employer to discharge or in any other manner discriminate against any individual for opposing any practice made unlawful by section 201.
(b)

Interference with proceedings or inquiries
It shall be unlawful for any person to discharge or in any other manner discriminate against any individual because such individual—
(1)
has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to section 201;
(2)
has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under section 201; or
(3)
has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under section 201.
203.

Enforcement
(a)

Civil action by affected individuals
(1)

Liability
Any employer that violates section 201 or 202 shall be liable to any individual affected—
(A)
for damages equal to—
(i)
the greater of, $1,000 or the amount of—
(I)
any wages, salary, employment benefits, or other compensation denied or lost to such individual by reason of the violation; or
(II)
in a case in which wages, salary, employment benefits, or other compensation has not been denied or lost to the individual, any actual monetary losses sustained by the individual as a direct result of the violation;
(ii)
the interest on the amount described in clause (i) calculated at the prevailing rate; and
(iii)
an additional amount as liquidated damages equal to the sum of the amount described in clause (i) and the interest described in clause (ii), except that if an employer that has violated section 201 or 202 proves to the satisfaction of the court that the act or omission that violated section 201 or 202 was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of section 201 or 202, such court may, in the discretion of the court, reduce the amount of the liability to the amount and interest determined under clauses (i) and (ii), respectively; and
(B)
for such equitable relief as may be appropriate, including employment, reinstatement, and promotion.
(2)

Right of action
An action to recover the damages or equitable relief prescribed in paragraph (1) may be maintained against any employer in any Federal or State court of competent jurisdiction by any one or more affected individuals for and on behalf of—
(A)
the individuals; or
(B)
the individuals and other individuals similarly situated.
(3)

Fees and costs
The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney’s fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant.
(4)

Limitations
The right provided by paragraph (2) to bring an action by or on behalf of any affected individual shall terminate—
(A)
on the filing of a complaint by the Secretary of Labor in an action under subsection (b) in which restraint is sought of any further delay in the payment of the amount described in paragraph (1)(A) to such individual by an employer responsible under paragraph (1) for the payment; or
(B)
on the filing of a complaint by the Secretary of Labor in an action under subsection (b) in which a recovery is sought of the damages described in paragraph (1)(A) owing to an affected individual by an employer liable under paragraph (1),
unless the action described in subparagraph (A) or (B) is dismissed without prejudice on motion of the Secretary of Labor.
(b)

Action by the Secretary of Labor
(1)

Administrative action
The Secretary of Labor shall receive, investigate, and attempt to resolve complaints of violations of section 201 and 202 in the same manner as the Secretary of Labor receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207).
(2)

Civil action
The Secretary of Labor may bring an action in any court of competent jurisdiction to recover the damages described in subsection (a)(1)(A).
(3)

Sums recovered
Any sums recovered by the Secretary of Labor pursuant to paragraph (2) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each individual affected. Any such sums not paid to such an individual because of inability to do so within a period of 3 years shall be deposited into the Treasury of the United States as miscellaneous receipts.
(4)

Civil monetary penalties
In addition to the penalties payable to an affected individual under this subsection, any employer that violates section 201 or 202 shall be subject to a penalty payable to the Secretary of Labor of $1,000 per violation for each individual affected.
(c)

Limitation
(1)

In general
Except as provided in paragraph (2), an action may be brought under this subsection not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought.
(2)

Willful violation
In the case of such action brought for a willful violation of section 202, such action may be brought within 3 years after the date of the last event constituting the alleged violation for which such action is brought.
(3)

Commencement
In determining when an action is commenced by the Secretary of Labor under this section for the purposes of this subsection, it shall be considered to be commenced on the date when the complaint is filed.
(d)

Action for injunction by Secretary of Labor
The district courts of the United States shall have jurisdiction, for cause shown, in an action brought by the Secretary of Labor—
(1)
to restrain violations of section 201 or 202, including the restraint of any withholding of payment of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due to affected individuals; or
(2)
to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion.
(e)

Solicitor of Labor
The Solicitor of Labor may appear for and represent the Secretary of Labor on any litigation brought under this section.
(f)

Employer liability under other laws
Nothing in this section shall be construed to limit the liability of an employer to an individual, for harm suffered relating to the individual’s experience of a qualifying act of violence, pursuant to any other Federal or State law, including a law providing for a legal remedy.
(g)

Other administrative officers
(1)

Board
In the case of a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301), other than an applicant for employment, the authority of the Secretary of Labor under this title shall be exercised by the Board of Directors of the Office of Congressional Workplace Rights.
(2)

President; merit systems protection board
In the case of a covered employee, as defined in section 411(c) of title 3, United States Code, the authority of the Secretary of Labor under this title shall be exercised by the President and the Merit Systems Protection Board.
(3)

Office of personnel management
In the case of a Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code, the authority of the Secretary of Labor under this title shall be exercised by the Office of Personnel Management.
(4)

Librarian of congress
In the case of employees of the Library of Congress, the authority of the Secretary of Labor under this title shall be exercised by the Librarian of Congress.
(5)

Comptroller general
In the case of employees of the Government Accountability Office, the authority of the Secretary of Labor under this title shall be exercised by the Comptroller General of the United States.
204.

Existing leave usable for a qualifying act of violence
An employee who is entitled to take paid or unpaid leave (including family, medical, sick, annual, personal, or similar leave) from employment, pursuant to Federal law (including the Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.) or subchapter V of chapter 63 of title 5, United States Code), State law, local law, a collective bargaining agreement, or an employment benefits program or plan, may elect to substitute any period of such leave for an equivalent period of leave provided under section 201.
205.

Emergency benefits
(a)

In general
A State may use funds provided to the State under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) to provide nonrecurrent short-term emergency benefits to an individual for any period of leave the individual takes pursuant to section 201 of this Act.
(b)

Eligibility
(1)

In general
An individual who is eligible for assistance under the State program funded under that part and for leave under section 201 shall be eligible for such emergency benefits, except as provided in paragraph (2).
(2)

Calculation
In calculating eligibility for such emergency benefits, the State shall count only the cash available or accessible to the individual.
(c)

Timing
(1)

Applications
An individual seeking emergency benefits under subsection (a) from a State shall submit an application to the State.
(2)

Benefits
The State shall provide benefits to an eligible applicant under paragraph (1) on an expedited basis, and not later than seven days after the applicant submits an application under paragraph (1).
206.

Regulations
(a)

In general
(1)

Authority to issue regulations
Except as provided in subsection (b), the Secretary of Labor shall issue regulations to carry out this title.
(2)

Regulations regarding notices
The regulations described in paragraph (1) shall include regulations requiring every employer to post and keep posted, in conspicuous places on the premises of the employer where notices to employees are customarily placed, a notice, to be prepared or approved by the Secretary of Labor, summarizing the provisions of this title and providing information on procedures for filing complaints. The Secretary of Labor shall develop such a notice and provide copies to employers upon request without charge.
(b)

Other administrative officers
The authorities described in section 203(g) shall apply with respect to promulgating regulations to carry out this Act for the respective employees of each administrative officer described in such subsection. The regulations prescribed under this subsection shall, to the extent appropriate, be consistent with the regulations prescribed by the Secretary of Labor under subsection (a).
III

Survivors’ employment sustainability
301.

Short title
This title may be cited as the “Survivors’ Employment Sustainability Act”.
302.

Definitions
In this title:
(1)

Board
The term board has the meaning given the term in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301).
(2)

Commission
The term commission means the Equal Employment Opportunity Commission.
(3)

Covered family or household member
The term covered family or household member means a family or household member who has experienced or is experiencing a qualifying act of violence.
(4)

Discriminate
The term discriminate—
(A)
used with respect to an employer and the terms, conditions, or privileges of employment, includes—
(i)
failing to implement, on request from an individual, in response to an actual or threatened qualifying act of violence, a reasonable safety procedure or job-related modification to enhance the security of that individual or safeguard the workplace involved (such as installation of a lock, change of a telephone number or seating assignment, provision of a transfer, provision of leave, modification of a schedule, or adjustment of a work requirement), unless the employer can demonstrate that granting the request would impose an undue hardship on the operation of the business of the employer; and
(ii)
harassment or retaliation described in section 303(a); and
(B)
used with respect to a public agency and the amount, terms, or conditions of public assistance, includes—
(i)
failing to implement, on request from an individual, in response to an actual or threatened qualifying act of violence, a reasonable safety procedure, unless the public agency can demonstrate that granting the request would impose an undue hardship on the operation of the public agency; and
(ii)
harassment or retaliation described in section 303(b).
(5)

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 covered employee (including an applicant), as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301), and an individual described in section 201(d) of that Act (2 U.S.C. 1311(d));
(C)
a covered employee (including an applicant), as defined in section 411(c) of title 3, United States Code;
(D)
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)); and
(E)
an employee (including an applicant) to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16(a)) applies.
(6)

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 employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301);
(C)
an employing office, as defined in section 411(c) of title 3, United States Code;
(D)
an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); and
(E)
an entity to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16(a)) applies.
(7)

Qualified employee
The term qualified employee means an employee who is a qualified individual, as defined in section 101 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111).
(8)

Reasonable accommodation
(A)

In general
Subject to subparagraph (C), the term reasonable accommodation means a reasonable job-related modification or safety procedure, made to address the impacts of a qualifying act of violence or enhance the security of a qualified employee who is the victim of the qualifying act of violence.
(B)

Included accommodations
Subject to subparagraph (C), the term reasonable accommodation includes an accommodation, made as described in subparagraph (A), that is—
(i)
any change or adjustment to a job or work environment that permits such an employee to participate in the job application process, to perform the essential functions of a job, or to enjoy the benefits and privileges of employment;
(ii)
a transfer, reassignment, or other change in the work location;
(iii)
a modified or flexible work schedule;
(iv)
a change to work contact information, including a name change or limit on dissemination of contact information;
(v)
a change to a workstation or seating assignment;
(vi)
implementation of a confidentiality measure, including removal of references to the employee from the employer’s website;
(vii)
implementation of an enhanced safety protocol including providing access to a parking space close to the worksite or installation of a lock or other security device;
(viii)
assistance in documenting qualifying acts of violence that occur in the workplace or in a work-related setting;
(ix)
implementation of a safety procedure;
(x)
provision of leave or time off;
(xi)
restructuring of the job functions of the employee; or
(xii)
any other adjustment to a job structure, workplace facility, or work requirement in response to the qualifying act of violence.
(C)

Exclusion
The term reasonable accommodation does not include an accommodation if the employer involved can demonstrate that the accommodation would impose an undue hardship on the operation of the business of an employer.
(9)

Undue hardship
The term undue hardship has the meaning give the term in section 101 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111).
303.

Prohibited discriminatory acts
(a)

Discrimination by employers
It shall be an unlawful practice for an employer to fail or refuse to hire or discharge any individual, or otherwise to discriminate (including harassment or retaliation in any form or manner) against any individual with respect to the compensation, terms, conditions, or privileges of employment of the individual, because—
(1)
the individual is, or the employer perceives that individual to be, a victim of a qualifying act of violence;
(2)
that individual attended, participated in, prepared for, or requested leave related to an event that resulted in the individual becoming a victim of a qualifying act of violence;
(3)
that individual, in response to an actual or threatened qualifying act of violence, requested a reasonable accommodation; or
(4)
the workplace is disrupted or threatened by the action of a person whom that individual states has committed or threatened to commit a qualifying act of violence.
(b)

Discrimination by public agencies
It shall be an unlawful practice for a public agency to deny, reduce, or terminate the benefits of, or otherwise sanction any individual, or otherwise discriminate (including harassment or retaliation in any form or manner) against any individual with respect to the amount, terms, or conditions of public assistance of the individual, because—
(1)
the individual is, or the public agency involved perceives that individual to be, a victim of a qualifying act of violence; or
(2)
that individual attended, participated in, or prepared for, an event that resulted in the individual becoming a victim of a qualifying act of violence.
(c)

Failure To provide accommodation
(1)

In general
It shall be an unlawful practice for an employer to—
(A)
fail to make a reasonable accommodation for a qualified employee who is a victim of a qualifying act of violence and whose status as such a victim is known or should have been known to the employer, to address the impacts of the violence or enhance the security of the victim involved;
(B)
refuse or otherwise fail to engage in an interactive process within a reasonable time with a qualified employee described in subparagraph (A), who has requested a reasonable accommodation under this subsection;
(C)
require a qualified employee described in subparagraph (A) to accept an accommodation other than a reasonable accommodation arrived at through the interactive process;
(D)
require a qualified employee described in subparagraph (A) to take leave; and
(E)
take adverse action relating to a term, condition, or privilege of employment against a qualified employee on account of the qualified employee requesting or using a reasonable accommodation.
(2)

Presumption
If an employer takes any adverse action (including any action described in paragraph (1)(E)) against a qualified employee within 12 months after the employee uses any leave to which the individual was entitled under paragraph (1), there shall be a rebuttable presumption that the practice of the employer is adverse action against such employee in violation of paragraph (1)(E).
(3)

Documentation
An employer required under this subsection to make a reasonable accommodation may require a qualified employee requesting a reasonable accommodation pursuant to this subsection to provide certification that the person is a victim of a qualifying act of violence. The person requesting a reasonable accommodation pursuant to this subsection shall provide a copy of such certification to the employer within a reasonable period after the request is made. An employer may not require a specific form of certification and a qualified employee may satisfy the requirements of this subsection by submitting any of the following forms of certification:
(A)
Sworn statement of the qualified employee, the qualified employee’s family member, or another person with knowledge of the qualifying act of violence.
(B)
Documentation from a survivor services organization, an attorney, law enforcement personnel, a medical professional, a social worker, an antiviolence counselor, a cultural or religious provider, or another professional who assisted the qualified employee in addressing the qualifying act of violence, affirming that the qualified employee is a victim of a qualifying act of violence.
(C)
A police or court record demonstrating that the qualified employee is a victim of a qualifying act of violence.
(D)
Other corroborating evidence concerning the qualified employee demonstrating the qualified employee’s status as a victim of a qualifying act of violence.
(d)

Confidentiality; nondisclosure for victims
(1)

Confidentiality
All information provided to the employer pursuant to subsection (a) or (c), and the fact that the employee is a victim of a qualifying act of violence (or that the employee’s covered family or household member is such a victim), and that the employee has requested or obtained leave or a reasonable accommodation pursuant to this section, shall be retained in the strictest confidence by the employer, except to the extent that disclosure is—
(A)
requested or consented to by the employee in writing; or
(B)
otherwise required by applicable Federal or State law.
(2)

Confidential communications
The provision of any information under this section does not waive or diminish the confidential or privileged nature of communications between a victim of a qualifying act of violence with one or more of the individuals or entities providing information as described in section 201(f)(2).
(3)

Nondisclosure
If an employer possesses health information about an employee (or an employee’s covered family or household member) in connection with a request or determination made under this section, such information shall—
(A)
be maintained on a separate form and in a separate file from other personnel information;
(B)
be treated as a confidential medical record; and
(C)
not be disclosed except to the affected employee or with the written permission of the affected employee.
304.

Remedies and enforcement
(a)

Employment discrimination
(1)

Employees covered by title vii of the civil rights act of 1964
(A)

In general
The powers, remedies, and procedures provided in sections 705, 706, 707, 709, 710, and 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–4 et seq.) to the Commission, the Attorney General, or any person alleging a violation of title VII of such Act (42 U.S.C. 2000e et seq.) shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, or any person, respectively, alleging an unlawful practice in violation of subsection (a) or (c) of section 303 against an employee described in section 302(5)(A) except as provided in subparagraphs (B) and (C) of this paragraph.
(B)

Costs and fees
The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes (42 U.S.C. 1988) shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, or any person alleging such practice.
(C)

Damages
The powers, remedies, and procedures provided in section 1977A of the Revised Statutes (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, or any person alleging such practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes (42 U.S.C. 1981a(a)(1))).
(2)

Employees covered by congressional accountability act of 1995
(A)

In general
The powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) for the purposes of addressing allegations of violations of section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)) shall be the powers, remedies, and procedures this Act provides to address an allegation of an unlawful practice in violation of subsection (a) or (c) of section 303 against an employee described in section 302(5)(B), except as provided in subparagraphs (B) and (C) of this paragraph.
(B)

Costs and fees
The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes (42 U.S.C. 1988) for the purposes of addressing allegations of such a violation shall be the powers, remedies, and procedures this Act provides to address allegations of such practice.
(C)

Damages
The powers, remedies, and procedures provided in section 1977A of the Revised Statutes (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, for purposes of addressing allegations of such a violation, shall be the powers, remedies, and procedures this Act provides to address any allegation of such practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes (42 U.S.C. 1981a(a)(1))).
(3)

Employees covered by chapter 5 of title 3, united states code
(A)

In general
The powers, remedies, and procedures provided in chapter 5 of title 3, United States Code, to the President, the Commission, the Merit Systems Protection Board, or any person alleging a violation of section 411(a)(1) of such title shall be the powers, remedies, and procedures this Act provides to the President, the Commission, the Board, or any person, respectively, alleging an unlawful practice in violation of subsection (a) or (c) of section 303 against an employee described in section 302(5)(C), except as provided in subparagraphs (B) and (C) of this paragraph.
(B)

Costs and fees
The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes (42 U.S.C. 1988) shall be the powers, remedies, and procedures this Act provides to the President, the Commission, the Board, or any person alleging such practice.
(C)

Damages
The powers, remedies, and procedures provided in section 1977A of the Revised Statutes (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this Act provides to the President, the Commission, the Board, or any person alleging such practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes (42 U.S.C. 1981a(a)(1))).
(4)

Employees covered by government employee rights act of 1991
(A)

In general
The powers, remedies, and procedures provided in sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b; 2000e–16c) to the Commission or any person alleging a violation of section 302(a)(1) of such Act (42 U.S.C. 2000e–16b(a)(1)) shall be the powers, remedies, and procedures this Act provides to the Commission or any person, respectively, alleging an unlawful practice in violation of subsection (a) or (c) of section 303 against an employee described in section 302(5)(D), except as provided in subparagraphs (B) and (C) of this paragraph.
(B)

Costs and fees
The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes (42 U.S.C. 1988) shall be the powers, remedies, and procedures this Act provides to the Commission or any person alleging such practice.
(C)

Damages
The powers, remedies, and procedures provided in section 1977A of the Revised Statutes (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this Act provides to the Commission or any person alleging such practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes (42 U.S.C. 1981a(a)(1))).
(5)

Employees covered by section 717 of the civil rights act of 1964
(A)

In general
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 practice in violation of subsection (a) or (c) of section 303 against an employee described in section 302(5)(E), except as provided in subparagraphs (B) and (C) of this paragraph.
(B)

Costs and fees
The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes (42 U.S.C. 1988) shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, the Librarian of Congress, or any person alleging such practice.
(C)

Damages
The powers, remedies, and procedures provided in section 1977A of the Revised Statutes (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, the Librarian of Congress, or any person alleging such practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes (42 U.S.C. 1981a(a)(1))).
(b)

Discrimination by a public agency
(1)

In General
Any public agency that violates section 303(b) shall be liable to any individual affected—
(A)
for damages equal to—
(i)
the value of the benefits denied or lost to such individual by reason of the violation, or in a case in which benefits have not been denied or lost to the individual, any actual monetary losses sustained by the individual as a direct result of the violation; and
(ii)
punitive damages of not more than $100,000; and
(B)
for such equitable relief as may be appropriate.
(2)

Right of action
An action to recover the damages or equitable relief prescribed in paragraph (1) may be maintained against any public agency in any Federal or State court of competent jurisdiction by any one or more affected individuals for and on behalf of—
(A)
the individuals; or
(B)
the individuals and other individuals similarly situated.
(3)

Fees and costs
The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney’s fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant.
305.

Rulemaking
(a)

EEOC rulemaking
The Commission shall issue regulations, to carry out this title.
(b)

OCWR rulemaking
(1)

In general
Not later than 6 months after the Commission issues regulations under subsection (a), the Board shall (in accordance with section 304 of the Congressional Accountability Act of 1995 (2 U.S.C. 1384)), subject to paragraph (2), issue regulations to implement the provisions of this title made applicable to employees described in section 302(5)(B), under section 304(a)(2).
(2)

Exceptions
Section 304 of the Congressional Accountability Act of 1995 shall be applied under paragraph (1) by disregarding subsections (b)(4) and (c) of such section, and the references in subsections (d) and (e) of such section to “subsection (c)” and “approval”.
(3)

Parallel with agency regulations
The regulations issued under paragraph (1) shall be the same as substantive regulations issued by the Commission under subsection (a) except to the extent that the Board may determine, for good cause shown and stated together with the regulations issued under paragraph (1) that a modification of such substantive regulations would be more effective for the implementation of the rights and protection under this title.
306.

Attorney’s fees
Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is amended by inserting “the Survivors’ Employment Sustainability Act,” after “title VI of the Civil Rights Act of 1964,”.
IV

Entitlement to unemployment compensation for victims of a qualifying act of violence
401.

Unemployment compensation for victims of a qualifying act of violence
(a)

In general
Section 3304 of the Internal Revenue Code of 1986, as previously amended by this title, is amended—
(1)
in subsection (a)—
(A)
in paragraph (18), by striking “and” at the end;
(B)
by redesignating paragraph (19) as paragraph (20); and
(C)
by inserting after paragraph (18) the following new paragraph:
“(19)
an individual shall not be denied compensation under such State law solely on the basis of the individual having a voluntary separation from work if such separation is attributable to such individual being a victim of a qualifying act of violence; and”; and
(2)
by adding at the end the following new subsection:
“(g)

Victims of a qualifying act of violence
(1)

Documentation
For purposes of subsection (a)(19), a voluntary separation of an individual shall be considered to be attributable to such individual being a victim of a qualifying act of violence if such individual submits such evidence as the State deems sufficient.
(2)

Sufficient documentation
For purposes of paragraph (1), a State shall deem sufficient—
(A)
evidence of such qualifying act of violence in the form of—
(i)
a sworn statement and a form of identification;
(ii)
a police or court record;
(iii)
documentation from a professional from whom such individual has sought assistance, including those associated with medical, legal, or religious professions or a victim services organization; or
(iv)
any other documentation determined appropriate by the Secretary of Labor or the State; and
(B)
an attestation that such voluntary separation is attributable to such qualifying act of violence.
(3)

Qualifying act of violence, victim of a qualifying act of violence, and victim services organization defined
(A)

In general
Subject to subparagraph (B), in this section, the terms “qualifying act of violence”, “victim of a qualifying act of violence”, and “victim services organization”, and have the meaning given such terms in section 3 of the SAFE for Survivors Act of 2024, except that if the corresponding paragraph for any such term is amended after the date of enactment of this subsection, such amendment shall not apply for the purpose of this section until the earlier of—
(i)
the date the State changes its statutes, regulations, or policies in order to comply with such amendment; or
(ii)
the date that is 2 years after the date of enactment of such amendment.
(B)

States may apply broader definition
A State may adopt a broader definition of any term under subparagraph (A).”.
(b)

Unemployment compensation personnel training
Section 303(a) of the Social Security Act (42 U.S.C. 503(a)) is amended—
(1)
by redesignating paragraphs (4) through (12) as paragraphs (5) through (13), respectively; and
(2)
by inserting after paragraph (3) the following new paragraph:
“(4)
Such methods of administration as will ensure that—
(A)
applicants for unemployment compensation and individuals inquiring about such compensation are adequately notified of the provisions of subsections (a)(19) and (g) of section 3304 of the Internal Revenue Code of 1986 (relating to the availability of unemployment compensation for victims of a qualifying act of violence); and
(B)
claims reviewers and hearing personnel are adequately trained in—
(i)
the nature and dynamics of a qualifying act of violence (as those terms are defined in subsection (g) of such section 3304); and
(ii)
methods of ascertaining and keeping confidential information about possible experiences of a qualifying act of violence (as so defined) to ensure that—
(I)
requests for unemployment compensation based on separations stemming from a qualifying act of violence (as so defined) are reliably screened, identified, and adjudicated; and
(II)
full confidentiality is provided for the individual’s claim and submitted evidence; and”.
(c)

Qualifying act of violence training grant program
(1)

Grant authorized
The Secretary of Labor (in this subsection referred to as the Secretary) is authorized to award a grant to a national, State, or local victim services organization in order for such organization to—
(A)
develop and disseminate a model training program (and related materials) for the training required under section 303(a)(4)(B) of the Social Security Act, as added by subsection (b); and
(B)
provide technical assistance with respect to such model training program; and
(2)

Application
A national, State, or local victim services organization seeking a grant under this subsection shall submit an application to the Secretary at such time, in such form and manner, and containing such information as the Secretary specifies.
(3)

Reports
(A)

Reports to Congress
The Secretary shall annually submit a report to Congress on the grant program established under this subsection.
(B)

Reports available to public
The Secretary shall establish procedures for the dissemination to the public of each report submitted under subparagraph (A). Such procedures shall include the use of the Internet to disseminate such reports.
(4)

Authorization of appropriations
(A)

Authorization
There are authorized to be appropriated for fiscal year 2025 such sums as may be necessary to carry out the provisions of paragraph (1).
(B)

Three-year availability of grant funds
The recipient of a grant under paragraph (1) shall return to the Secretary any unused portion of such grant not later than 3 years after the date the grant was awarded, together with any earnings on such unused portion.
(d)

Effect on existing laws, etc
(1)

More protective laws, agreements, programs, and plans
Nothing in this section shall be construed to supersede any provision of any Federal, State, or local law, collective bargaining agreement, or employment benefits program or plan that provides greater unemployment insurance benefits for victims of a qualifying act of violence than the rights established under this section.
(2)

Less protective laws, agreements, programs, and plans
The rights established for victims of a qualifying act of violence under this section shall not be diminished by any more restrictive State or local law, collective bargaining agreement, or employment benefits program or plan.
(e)

Effective date
The amendments made by subsections (a) and (b) shall apply to weeks of unemployment beginning on or after the earlier of—
(1)
the date the State changes its statutes, regulations, or policies in order to comply with such amendments; or
(2)
January 1, 2027.
V

Insurance protections and support for victims of a qualifying act of violence
A

Insurance protections
501.

Definitions
In this title:
(1)

Abuser
The term abuser means the individual who commits a qualifying act of violence.
(2)

Insured
The term insured means a party named on a policy, certificate, or health benefit plan, including an individual, a corporation, a partnership, an association, an unincorporated organization, or any similar entity, as the person with legal rights to the benefits provided by the policy, certificate, or health benefit plan. For group insurance, the term includes a person who is a beneficiary covered by a group policy, certificate, or health benefit plan. For life insurance, the term refers to the person whose life is covered under an insurance policy.
(3)

Insurer
The term insurer means any person, reciprocal exchange, inter insurer, Lloyds insurer, fraternal benefit society, or other legal entity engaged in the business of insurance, including agents, brokers, adjusters, and third-party administrators. The term includes employers who provide or make available employment benefits through an employee benefit plan, as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)). The term also includes health insurance issuers, as defined by section 2791(b) of the Public Health Service Act (42 U.S.C. 300gg–91(b)), health benefit plans, and life, disability, and property and casualty insurers.
(4)

Policy
The term policy means a contract of insurance, certificate, indemnity, suretyship, or annuity issued, proposed for issuance, or intended for issuance by an insurer, including endorsements or riders to an insurance policy or contract.
502.

Discriminatory acts prohibited
(a)

In general
No insurer may, directly or indirectly, engage in any of the following acts or practices on the basis that the applicant or insured, or any person employed by the applicant or insured or with whom the applicant or insured is known to have a relationship or association, is, has been, or may be a victim of a qualifying act of violence or has incurred or may incur claims related to a qualifying act of violence:
(1)
Denying, refusing to issue, renew, or reissue, or canceling or otherwise terminating an insurance policy or health benefit plan.
(2)
Restricting, excluding, or limiting insurance coverage for losses or denying a claim, except as otherwise permitted or required by State laws relating to life insurance beneficiaries.
(3)
Adding a premium differential to any insurance policy or health benefit plan.
(b)

Prohibition on limitation of claims
No insurer may, directly or indirectly, deny or limit payment to an insured who is a victim of a qualifying act of violence if the claim for payment is a result of such qualifying act of violence.
(c)

Prohibition on termination
(1)

In general
No insurer may terminate health coverage for a victim of a qualifying act of violence because coverage was originally issued in the name of the abuser and the abuser has divorced, separated from, or lost custody of the victim or the victim's coverage has terminated voluntarily or involuntarily and the victim does not qualify for an extension of coverage under part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1161 et seq.) or section 4980B of the Internal Revenue Code of 1986.
(2)

Payment of premiums
Nothing in paragraph (1) shall be construed to prohibit the insurer from requiring that the victim of a qualifying act of violence pay the full premium for the victim's coverage under the health plan if the requirements are applied to all insured of the insurer.
(3)

Exception
An insurer may terminate group coverage to which this subsection applies after the continuation coverage period required by this subsection has been in force for 18 months if it offers conversion to an equivalent individual plan.
(4)

Continuation coverage
The continuation of health coverage required by this subsection shall be satisfied by any extension of coverage under part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1161 et seq.) or section 4980B of the Internal Revenue Code of 1986 provided to a victim of domestic violence, dating violence, sexual assault, or stalking and is not intended to be in addition to any extension of coverage otherwise provided for under such part 6 or section 4980B.
(d)

Use of information
(1)

Limitation
(A)

In general
In order to protect the safety and privacy of victims of qualifying acts of violence, no person employed by or contracting with an insurer or health benefit plan may (without the consent of the victim)—
(i)
use, disclose, or transfer information relating to the status of a victim of a qualifying act of violence as such a victim, a qualifying act of violence, medical conditions related to a qualifying act of violence, or the applicant’s or insured’s status as a family member, employer, associate, or person in a relationship with a victim of a qualifying act of violence for any purpose unrelated to the direct provision of health care services unless such use, disclosure, or transfer is required by an order of an entity with authority to regulate insurance or an order of a court of competent jurisdiction; or
(ii)
disclose or transfer information relating to an applicant’s or insured’s mailing address or telephone number or the mailing address and telephone number of a shelter for victims of a qualifying act of violence, unless such disclosure or transfer—
(I)
is required in order to provide insurance coverage; and
(II)
does not have the potential to endanger the safety of a victim of a qualifying act of violence.
(B)

Rule of construction
Nothing in this paragraph may be construed to limit or preclude a victim of a qualifying act of violence from obtaining the victim’s own insurance records from an insurer.
(2)

Authority of victims
A victim of a qualifying act of violence, at the absolute discretion of the victim, may provide evidence of a qualifying act of violence to an insurer for the limited purpose of facilitating treatment of a condition related to such qualifying act of violence or demonstrating that a condition is related to such qualifying act of violence. Nothing in this paragraph shall be construed as authorizing an insurer to disregard such provided evidence.
503.

Insurance protocols for victims of a qualifying act of violence
Each insurer shall develop and adhere to written policies specifying procedures to be followed by employees, contractors, producers, agents, and brokers for the purpose of protecting the safety and privacy of a victim of a qualifying act of violence and otherwise implementing this subtitle when taking an application, investigating a claim, or taking any other action relating to a policy or claim involving a victim of a qualifying act of violence.
504.

Reasons for adverse actions
An insurer that takes an action that adversely affects a victim of a qualifying act of violence shall advise the applicant or insured who is the victim of a qualifying act of violence of the specific reasons for the action in writing. For purposes of this section, reference to general underwriting practices or guidelines shall not constitute a specific reason.
505.

Life insurance
Nothing in this subtitle shall be construed to prohibit a life insurer from declining to issue a life insurance policy if the applicant or prospective owner of the policy is or would be designated as a beneficiary of the policy, and if—
(1)
the applicant or prospective owner of the policy lacks an insurable interest in the insured; or
(2)
the applicant or prospective owner of the policy is known, on the basis of police or court records, to have committed a qualifying act of violence against the proposed insured.
506.

Subrogation without consent prohibited
Subrogation of claims resulting from a qualifying act of violence is prohibited without the informed consent of the victim of a qualifying act of violence.
507.

Enforcement
(a)

Federal Trade Commission
Any act or practice prohibited by this subtitle shall be treated as an unfair and deceptive act or practice pursuant to section 5 of the Federal Trade Commission Act (15 U.S.C. 45) and the Federal Trade Commission shall enforce this subtitle in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this subtitle, including issuing a cease and desist order granting any individual relief warranted under the circumstances, including temporary, preliminary, and permanent injunctive relief and compensatory damages.
(b)

Private cause of action
(1)

In general
An applicant or insured who believes that the applicant or insured has been adversely affected by an act or practice of an insurer in violation of this subtitle may maintain an action against the insurer in a Federal or State court of original jurisdiction.
(2)

Relief
Upon proof of such conduct by a preponderance of the evidence in an action described in paragraph (1), the court may award appropriate relief, including temporary, preliminary, and permanent injunctive relief and compensatory and punitive damages, as well as the costs of suit and reasonable fees for the aggrieved individual’s attorneys and expert witnesses.
(3)

Statutory damages
With respect to compensatory damages in an action described in paragraph (1), the aggrieved individual may elect, at any time prior to the rendering of final judgment, to recover in lieu of actual damages, an award of statutory damages in the amount of $5,000 for each violation.
508.

Applicability
This subtitle shall apply with respect to any action taken after the enactment of this Act.
B

Supporting and empowering victims
511.

Qualifying acts of violence education and information programs for victims
(a)

Public education program
(1)

In general
The Secretary of Labor, in conjunction with the Secretary of Health and Human Services (through the Director of the Centers for Disease Control and Prevention and the grant recipient carrying out the National Resource Center on Domestic Violence) and the Attorney General (through the Principal Deputy Director of the Office on Violence Against Women), shall coordinate and provide for a national public outreach and education campaign, including culturally appropriate materials, to raise public awareness of qualifying acts of violence, including outreach and education for employers, service providers, teachers, and other key partners.
(2)

Dissemination
The Secretary of Labor, in conjunction with the Secretary of Health and Human Services and the Attorney General, as described in paragraph (1), may disseminate information through the public outreach and education campaign on the resources and rights referred to in this subsection directly or through arrangements with health agencies, professional and nonprofit organizations, consumer groups, labor organizations, institutions of higher education, clinics, the media, and Federal, State, and local agencies.
(3)

Information
The information disseminated under paragraph (2) shall include, at a minimum, a description of—
(A)
the resources and rights that are—
(i)
available to victims of qualifying acts of violence; and
(ii)
established in this Act and the Violence Against Women Act of 1994 (34 U.S.C. 12291 et seq.);
(B)
guidelines and best practices on prevention of qualifying acts of violence;
(C)
resources that promote healthy relationships and communication skills;
(D)
resources that encourage bystander intervention in a situation involving qualifying acts of violence;
(E)
resources that promote workplace policies that support and help maintain the economic security of victims of qualifying acts of violence; and
(F)
resources and rights that the heads of Federal agencies described in paragraph (2) determine are appropriate to include.
(b)

Information program for employers
(1)

In general
The Secretary of Labor and the Secretary of Health and Human Services, in consultation with major women's advocacy groups and medical and public health organizations, shall develop and disseminate to employers information on the entitlement of victims of a qualifying act of violence to safe leave under title II.
(2)

Information
The information disseminated under paragraph (1) shall include, at a minimum—
(A)
information describing employers’ responsibilities and employees’ rights under title II;
(B)
recommendations for carrying out those responsibilities and providing for those rights;
(C)
recommendations for supporting employees when the employees seek safe leave under title II;
(D)
information on best practices for supporting victims of a qualifying act of violence;
(E)
information on best practices for preventing qualifying acts of violence; and
(F)
information explaining how to obtain additional copies of the information developed under paragraph (1) for distribution to the employees.
(c)

Study on workplace responses
The Secretary of Labor, in conjunction with the Secretary of Health and Human Services, shall conduct a study on the status of workplace responses to employees who experience a qualifying act of violence while employed, in each State and nationally, to improve the access of victims of a qualifying act of violence to supportive resources and economic security.
(d)

Authorization of appropriations
There are authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2025 through 2029.
512.

Investing in public health infrastructure to improve support for victims
Section 303(c) of the Family Violence Prevention and Services Act (42 U.S.C. 10403(c)) is amended by striking “314” and all that follows and inserting “314 $15,000,000 for each of fiscal years 2025 through 2029.”.
VI

Severability
601.

Severability
If any provision of this Act, any 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 the provisions of this Act, the amendments made by this Act, and the application of such provisions or amendments to any person or circumstance shall not be affected.