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Bill > S575
US S575
US S575EMPOWER Act—Part 1 Ending the Monopoly of Power Over Workplace harassment through Education and Reporting Act—Part 1
summary
Introduced
02/27/2019
02/27/2019
In Committee
02/27/2019
02/27/2019
Crossed Over
Passed
Dead
12/31/2020
12/31/2020
Introduced Session
116th Congress
Bill Summary
A bill to deter, prevent, reduce, and respond to harassment in the workplace, including sexual harassment, sexual assault, and harassment based on protected categories. This bill prohibits the use of nondisparagement and nondisclosure clauses that cover workplace harassment in employment contracts and directs the Equal Employment Opportunity Commission (EEOC) to take certain actions related to workplace harassment. Specifically, the bill prohibits the use of nondisparagement and nondisclosure clauses in employment contracts if such clauses cover workplace harassment, including sexual harassment or retaliation for reporting harassment. It also prohibits the enforcement or attempted enforcement of such clauses. Notwithstanding signing any nondisparagement or nondisclosure clause, an employee or applicant retains any right that person would otherwise have had to report a concern about workplace harassment to the EEOC and other specified agencies and any right that person would otherwise have had to bring an action in a court of the United States. Additionally, the bill prohibits state immunity under the Eleventh Amendment to the Constitution from an action in a federal court for a violation related to workplace harassment. The bill also directs the EEOC to (1) establish a confidential tip line that supplements its existing process for submitting a charge of discrimination; and (2) disseminate workplace training programs and information regarding workplace harassment, including sexual harassment.
AI Summary
This bill, the EMPOWER Act Part 1, aims to deter, prevent, reduce, and respond to harassment in the workplace, including sexual harassment, sexual assault, and harassment based on protected categories. The key provisions are:
1. Prohibiting employers from using nondisparagement and nondisclosure clauses in employment contracts that cover workplace harassment, with exceptions for settlement or separation agreements. Employees retain the right to report harassment to the Equal Employment Opportunity Commission (EEOC) and other agencies, and bring legal action, despite such clauses.
2. Establishing a confidential tip-line at the EEOC to receive reports of workplace harassment, which will be used to identify trends and determine if investigations should be undertaken. The tip-line will protect the confidentiality of reports.
3. Requiring public companies to disclose information about settlements and judgments related to workplace harassment in their annual SEC filings.
4. Authorizing the EEOC to develop and disseminate workplace training programs and public education campaigns on topics like what constitutes harassment and how to report it.
The bill also abrogates state immunity under the 11th Amendment for violations, allowing suits against state officials, and provides for federal enforcement of the law's provisions.
Committee Categories
Health and Social Services
Sponsors (2)
Last Action
Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (on 02/27/2019)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.congress.gov/bill/116th-congress/senate-bill/575/all-info |
| BillText | https://www.congress.gov/116/bills/s575/BILLS-116s575is.pdf |
| Bill | https://www.congress.gov/116/bills/s575/BILLS-116s575is.pdf.pdf |
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