Protecting Family Caregivers from Discrimination Act of 2022

Adverse action— The term adverse action means—

Commerce— The term commerce has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).

Commission— The term Commission means the Equal Employment Opportunity Commission.

Employee— The term employee means—

Employer; enterprise engaged in commerce or in the production of goods for commerce— The terms employer and enterprise engaged in commerce or in the production of goods for commerce have the meanings given such terms in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).

Family caregiver responsibilities— The term family caregiver responsibilities, with respect to an employee having such responsibilities, means the responsibilities of the employee as being responsible, or being regarded as being responsible, as a contributor to the support or care of one or more family members of the individual, regardless of the age of the family member.

fail or refuse to hire an applicant as an employee of such employer, or such individual or entity, because of the family caregiver responsibilities of the applicant; or

take adverse action against an employee of such employer or such individual or entity, or otherwise discriminate against such an employee, including by harassing the employee, with respect to the compensation, advancement, terms, conditions, scheduling or work hours, or privileges, of employment or engagement of the employee because of the family caregiver responsibilities of the employee.

Rights of employees— The rights of an employee or applicant shall include the right to—

Presumption of retaliation— There shall be a rebuttable presumption that retaliation has occurred in violation of this section if an employer or an individual or entity described in section 2(4)(B)(ii) takes an adverse action against an employee or applicant during the period that is 2 years after the date on which that employee or applicant exercised rights protected under this section. In the case of seasonal work, the presumption also applies if the employer or individual or entity described in section 2(4)(B)(ii) fails to rehire a former employee at the next opportunity for work in the same position. The employer or individual or entity described in section 2(4)(B)(ii) may rebut the presumption with clear and convincing evidence that the adverse action was taken for a permissible purpose.

Protections for good faith allegations— The protections afforded under this section shall apply to any individual who mistakenly but in good faith alleges a violation of this section or section 3.

Explicit reference not required— A complaint or other communication by an employee or any applicant may be an action described in subsection (b) that gives rise to the protections described in this section regardless of whether the complaint or communication is in writing or makes explicit reference to this Act.

In general— Each employer shall, not later than 180 days after the date of enactment of this Act, post, and keep posted, in a conspicuous place upon the premises of the employer a notice, to be prepared or approved by the Commission, setting forth information as the Commission determines appropriate to effectuate the purposes of this Act, including the pertinent provisions of this Act and information pertinent to the filing of a charge with the Commission.

Penalty— A willful violation of this section shall be punishable by a fine of not more than $100 for each day on which the violation continues.

In general— Subject to subsection (c), sections 3 and 4 of this Act shall be enforced by the Commission in the same manner and by the same means, including with the same jurisdiction, as the enforcement of a violation of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.). Violations of this Act may be established through proof of disparate treatment, harassment, or disparate impact.

Action by the commission— Except as otherwise specified in this Act, the Commission shall receive, investigate, attempt to resolve, and otherwise enforce a charge of a violation of section 3 or 4 of this Act in the same manner that the Commission receives, investigates, attempts to resolve, and enforces a charge of a violation of title VII of the Civil Rights Act of 1964.

Private right of action— Notwithstanding subsection (a) and section 706 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–5), a private right of action shall also be available to an applicant or individual who alleges a violation of section 3 or 4 of this Act. Such applicant or individual shall not be required to file a charge with the Commission or pursue or exhaust any administrative remedies before instituting a civil action.

Eligible entity— In this section, the term eligible entity means—

Application— An eligible entity desiring a grant under this section shall submit an application to the Commission at such time, in such manner, and containing such information as the Commission may require.

Use of funds— An eligible entity receiving a grant under this section shall use grant funds to carry out one or more of the following activities:

Report— Not later than 12 months after the completion of the programs and activities funded under grants awarded under this section, the Commission shall submit to Congress, and all appropriate agencies, a report concerning an evaluation of the results of such programs and activities, including best practices, and lessons derived from the experiences of grantees.

Authorization of appropriations— There are authorized to be appropriated such sums as are necessary to carry out this section.