Sec. 301 Short title
This title may be cited as the “Survivors’ Employment Sustainability Act”.
Title III — Survivors’ employment sustainability
III Survivors’ employment sustainability
Sec. 302 Definitions
In this title:
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).
Commission— The term commission means the Equal Employment Opportunity Commission.
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.
Discriminate— The term discriminate—
used with respect to an employer and the terms, conditions, or privileges of employment, includes—
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
harassment or retaliation described in section 303(a); and
used with respect to a public agency and the amount, terms, or conditions of public assistance, includes—
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
harassment or retaliation described in section 303(b).
Employee— The term employee means—
an employee (including an applicant), as defined in section 701(f) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(f));
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));
a covered employee (including an applicant), as defined in section 411(c) of title 3, United States Code;
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
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.
Employer— The term employer means—
an employer, as defined in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b));
an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301);
an employing office, as defined in section 411(c) of title 3, United States Code;
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
an entity to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16(a)) applies.
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).
Reasonable accommodation—
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.
Included accommodations— Subject to subparagraph (C), the term reasonable accommodation includes an accommodation, made as described in subparagraph (A), that is—
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;
a transfer, reassignment, or other change in the work location;
a modified or flexible work schedule;
a change to work contact information, including a name change or limit on dissemination of contact information;
a change to a workstation or seating assignment;
implementation of a confidentiality measure, including removal of references to the employee from the employer’s website;
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;
assistance in documenting qualifying acts of violence that occur in the workplace or in a work-related setting;
implementation of a safety procedure;
provision of leave or time off;
restructuring of the job functions of the employee; or
any other adjustment to a job structure, workplace facility, or work requirement in response to the qualifying act of violence.
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.
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).
Sec. 303 Prohibited discriminatory acts
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—
the individual is, or the employer perceives that individual to be, a victim of a qualifying act of violence;
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;
that individual, in response to an actual or threatened qualifying act of violence, requested a reasonable accommodation; or
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.
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—
the individual is, or the public agency involved perceives that individual to be, a victim of a qualifying act of violence; or
that individual attended, participated in, or prepared for, an event that resulted in the individual becoming a victim of a qualifying act of violence.
Failure To provide accommodation—
In general— It shall be an unlawful practice for an employer to—
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;
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;
require a qualified employee described in subparagraph (A) to accept an accommodation other than a reasonable accommodation arrived at through the interactive process;
require a qualified employee described in subparagraph (A) to take leave; and
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.
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).
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:
Sworn statement of the qualified employee, the qualified employee’s family member, or another person with knowledge of the qualifying act of violence.
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.
A police or court record demonstrating that the qualified employee is a victim of a qualifying act of violence.
Other corroborating evidence concerning the qualified employee demonstrating the qualified employee’s status as a victim of a qualifying act of violence.
Confidentiality; nondisclosure for victims—
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—
requested or consented to by the employee in writing; or
otherwise required by applicable Federal or State law.
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).
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—
be maintained on a separate form and in a separate file from other personnel information;
be treated as a confidential medical record; and
not be disclosed except to the affected employee or with the written permission of the affected employee.
Sec. 304 Remedies and enforcement
Employment discrimination—
Employees covered by title vii of the civil rights act of 1964—
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.
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.
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))).
Employees covered by congressional accountability act of 1995—
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.
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.
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))).
Employees covered by chapter 5 of title 3, united states code—
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.
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.
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))).
Employees covered by government employee rights act of 1991—
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.
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.
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))).
Employees covered by section 717 of the civil rights act of 1964—
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.
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.
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))).
Discrimination by a public agency—
In General— Any public agency that violates section 303(b) shall be liable to any individual affected—
for damages equal to—
the value of the benefits denied, reduced, or terminated for such individual by reason of the violation, or in a case in which benefits have not been denied, reduced, or terminated for the individual, any actual monetary losses sustained by the individual as a direct result of the violation; and
punitive damages of not more than $100,000; and
for such equitable relief as may be appropriate.
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—
the individuals; or
the individuals and other individuals similarly situated.
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.
Sec. 305 Rulemaking
EEOC rulemaking— The Commission shall issue regulations, to carry out this title.
OCWR rulemaking—
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).
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”.
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.
Sec. 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,”.