(a) Policies

(b) Contents

At a minimum, the comprehensive nondiscrimination policy shall include—

(c) Accessibility

The comprehensive nondiscrimination policy shall be made available in plain English and in an accessible manner for individuals with disabilities and for individuals who primarily speak a language other than English.

(d) Enforcement

(e) Regulations

The Commission shall have authority to promulgate regulations to carry out this section.

(a) In general

The Commission shall promulgate regulations—

(b) Required training

The requirements described in subsection (a) shall be based on research on effective training.

(c) Enforcement

The Commission shall issue remedies for noncompliance by regulation.

(a) In general

Not later than 1 year after the date of enactment of this Act, the Commission shall make publicly available resource materials on comprehensive nondiscrimination policies and trainings on such policies for employers with fewer than 15 employees.

(b) Contents

Such resource materials shall include, at a minimum—

(c) Individualization

The Commission shall ensure that resource materials under this section are designed to facilitate individual employers to customize training to address the needs of their workplaces, including differing work structures, facilities, and tasks.

(1)

reasonably adjust the fees the Commission charges for any education, technical assistance, or training the Commission offers through the Technical Assistance Training Institute established in accordance with section 705(j)(1) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–4(j)(1));

(2)

use the materials developed by the Commission for any education, technical assistance, or training offered by the Commission in accordance with that section in any education and outreach activities carried out by the Commission; and

(3)

use funds from the Commission’s EEOC Education, Technical Assistance, and Training Revolving Fund, established under section 705(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–4(k)), to pay the full salaries of any Commission employees that develop and administer any education, technical assistance, or training programs offered by the Commission in connection with activities under this Act.

(a) In general

The Commission shall establish and periodically convene a harassment prevention task force (referred to in this section as the Task Force) to study prohibited harassment in employment.

(b) Membership

The Task Force established under subsection (a) shall include membership that reflects a broad diversity of experience and expertise relating to prohibited harassment, including—

(c) Duties

The Task Force shall—

(d) Report

Not less than once every 5 years, the Commission shall prepare and publish a report on the Commission’s website, which shall be based on the work of the Task Force and shall include—

(a) In general

Not later than 1 year after the date of enactment of this Act, the Commission shall develop and make publicly available resource materials for employers on assessing the employment climate, including the occurrence of prohibited harassment in employment, in order to assist such employers in determining the effectiveness of measures the employer takes to prevent and address prohibited harassment in employment.

(b) Employment climate survey

Such resource materials shall include a model survey regarding prohibited harassment in employment, which shall be available for an employer to use (at the employer’s discretion and employer’s expense) in order to assess the employment climate. The model survey shall be—

(c) Contents

The model survey may include—

(d) Mandatory employee participation prohibited

An employer may not compel or require employees to participate in a survey regarding prohibited discrimination, including harassment, in employment.

(e) Review and revision

The Commission shall periodically review and revise the resource materials described in subsection (a) and the model survey developed under subsection (b).

(a) In general

The Commission shall establish and maintain an Office of Education and Outreach to—

(b) Information disseminated

The information disseminated in accordance with subsection (a)(2) shall be made available in plain English and in an accessible manner for individuals with disabilities and for individuals who primarily speak a language other than English.

(a) Survey

The Bureau of the Census, the Commission, and the Bureau of Labor Statistics shall jointly develop a national prevalence survey on the prevalence of prohibited harassment in employment (referred to in this section as the national prevalence survey). Such survey shall be administered by the Bureau of the Census not later than 1 year after the date of enactment of this Act, and every 3 years thereafter.

(b) Contents

The national prevalence survey shall include questions designed to collect such information from individuals as may be necessary to examine existing beliefs, attitudes, and understanding of prohibited harassment in employment, and the extent to which such harassment is experienced or observed by individuals, supervisors, and employers, including the information necessary for the report described in subsection (c).

(c) Report

(d) Authorization of appropriations

There are authorized to be appropriated for the Bureau of the Census to carry out this section such sums as may be necessary for each fiscal year the national prevalence survey is to be administered under subsection (a) or the report is to be submitted under subsection (c).

(a) In general

Not later than 1 year after the date of enactment of this Act, and not less than once every 3 years thereafter, the Merit Systems Protection Board shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Workforce of the House of Representatives a report containing the following information:

(b) Authorization of appropriations

There are authorized to be appropriated to the Merit Systems Protection Board such sums as may be necessary to carry out this section.

(a) Study and report on enforcement of nondiscrimination laws prohibiting harassment laws

Not later than 1 year after the date of enactment of this Act, the United States Commission on Civil Rights shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Workforce of the House of Representatives a report that shall examine enforcement of the nondiscrimination laws prohibiting harassment including—

(b) Study and report on prevention of harassment in employment

(c) Supporting further research on preventing and understanding harassment in employment

(a) Base minimum wage for tipped employees and tips retained by employees

Section 3(m)(2)(A)(i) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)(i)) is amended to read as follows:

(i)

the cash wage paid such employee, which for purposes of such determination shall be not less than—

(I)

for the 1-year period beginning on the effective date under section 121(e) of the BE HEARD in the Workplace Act, $3.60 an hour;

(II)

for each succeeding 1-year period until the hourly wage under this clause equals the wage in effect under section 6(a)(1) for such period, an hourly wage equal to the amount determined under this clause for the preceding year, increased by the lesser of—

(aa)

$1.50; or

(bb)

the amount necessary for the wage in effect under this clause to equal the wage in effect under section 6(a)(1) for such period; and

(III)

for each succeeding 1-year period after the increase made pursuant to subclause (II)(bb), the minimum wage in effect under section 6(a)(1); and

(b) Tips retained by employees

Section 3(m)(2)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)) is amended—

(c) Publication of notice

Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is amended by adding at the end the following:

(h)

Not later than 60 days prior to the effective date of any increase in the required wage determined in accordance with subclause (II) or (III) of section 3(m)(2)(A)(i), the Secretary shall publish in the Federal Register and on the website of the Department of Labor a notice announcing each increase in such required wage.

(d) Scheduled repeal of separate minimum wage for tipped employees

(e) Effective date

Except as provided in subsection (d)(3), this section and the amendments made by this section shall take effect on the first day of the third month that begins after the date of enactment of this Act.

(1) Rules of construction

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

701A. Rules of construction

Section 1106 shall apply to this title except that for purposes of that application, a reference in that section to an unlawful practice shall be considered to be a reference to an unlawful employment practice.

(2) Unlawful employment practices

Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–2) is amended—

(3) Other unlawful employment practices

Section 704(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–3(b)) is amended—

(4) Claims

Section 706(g)(2)(A) of the Civil Rights Act of 1964 (2000e–5(g)(2)(A)) is amended by striking sex, and inserting sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions),.

(5) Employment by Federal Government

Section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16) is amended—

(6) Government Employee Rights Act of 1991

The Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16a et seq.) is amended—

(7) Congressional Accountability Act of 1995

The Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) is amended—

(8) Civil Service Reform Act of 1978

Chapter 23 of title 5, United States Code, is amended—

(1)

by redesignating sections 1101 through 1104 (42 U.S.C. 2000h et seq.) and sections 1105 and 1106 (42 U.S.C. 2000h–5, 2000h–6) as sections 1102 through 1105 and sections 1108 and 1109, respectively;

(2)

by inserting after the title heading the following:

1101. Definitions and rules

(a) Definitions

In title VII:

(1) Race; color; religion; sex; sexual orientation; gender identity; national origin

The term race, color, religion, sex, or national origin, used with respect to an individual, includes—

(A)

the race, color, religion, sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions), or national origin, respectively, of another person with whom the individual is associated or has been associated; and

(B)

a perception or belief, even if inaccurate, concerning the race, color, religion, sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions), or national origin, respectively, of the individual.

(2) Gender identity

The term gender identity means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual’s designated sex at birth.

(3) Including

The term including means including, but not limited to, consistent with the term’s standard meaning in Federal law.

(4) Sexual orientation

The term sexual orientation means homosexuality, heterosexuality, or bisexuality.

(b) Rules

In title VII—

(1)

with respect to sex, an individual's pregnancy, childbirth, or related medical condition shall not receive less favorable treatment than other physical conditions; and

(2)

with respect to gender identity, an individual shall not be denied access to a shared facility, including a restroom, a locker room, and a dressing room, that is in accordance with the individual’s gender identity.; and

(3)

by inserting after section 1105 the following:

1106. Rules of construction

(a) Sex

Nothing in section 1101 or the provisions of title VII incorporating a term defined or a rule specified in that section shall be construed—

(1)

to limit the protection against an unlawful practice on the basis of pregnancy, childbirth, a medical condition related to pregnancy or childbirth provided by section 701(k); or

(2)

to limit the protection against an unlawful practice on the basis of sex available under any provision of Federal law other than title VII, prohibiting a practice on the basis of sex, including under the Pregnant Workers Fairness Act (42 U.S.C. 2000gg et seq.).

(b) Claims and remedies not precluded

Nothing in section 1101 or title VII shall be construed to limit the claims or remedies available to any individual for an unlawful practice on the basis of race, color, religion, sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions), or national origin including claims brought pursuant to section 1979 or 1980 of the Revised Statutes (42 U.S.C. 1983, 1985) or any other law, including a Federal law amended by the BE HEARD in the Workplace Act, regulation, or policy, and including the Pregnant Workers Fairness Act (42 U.S.C. 2000gg et seq.).

(c) No negative inference

Nothing in section 1101 or title VII shall be construed to support any inference that any Federal law prohibiting a practice on the basis of sex (including the Pregnant Workers Fairness Act (42 U.S.C. 2000gg et seq.)), does not prohibit discrimination on the basis of gender identity, sex stereotype, and pregnancy, childbirth, or related medical conditions.

1107. Claims

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

(1) In general

Section 1977A of the Revised Statutes (42 U.S.C. 1981a(b)) is amended—

(2) Conforming amendments

(1)

by striking (b) The and all that follows through the third sentence and inserting the following:

(b)

(1)

Except as otherwise provided in another subsection of this section, or section 9, the powers, remedies, and procedures set forth in sections 705, 706, 707, 709, and 710 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–4, 2000e–5, 2000e–6, 2000e–8, and 2000e–9) shall be the powers, remedies, and procedures this Act provides to the Commission, to the Attorney General, or to any person alleging discrimination on the basis of age in violation of section 4, or regulations promulgated under section 9.; and

(2)

in the second sentence of that subsection (b), as amended by paragraph (1), by striking or enforcing the liability for amounts deemed to be unpaid minimum wages or unpaid overtime compensation under this section and inserting and including any type of legal or equitable relief available under title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.).

(1)

harassment is a persistent and significant problem in the workplace in the United States;

(2)

workers are harassed because of their sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions), race, color, religion, national origin, age, disability, genetic information, and uniformed services status;

(3)

Congress enacted title VII of the Civil Rights Act of 1964 intending to provide broad protection from many forms of bias in the workplace;

(4)

the Supreme Court has recognized in City of Los Angeles Department of Water and Power v. Manhart, 435 U.S. 702 (1978), that the protection against sex discrimination in the terms, conditions, or privileges of employment under title VII of the Civil Rights Act of 1964 reflects Congress’ intent to strike at the entire spectrum of sex-based discrimination in employment;

(5)

in 1980, the Equal Employment Opportunity Commission (referred to in this section as the Commission) amended its Guidelines on Discrimination Because of Sex (referred to in this section as the Guidelines) to specify that sexual harassment is a form of sex discrimination prohibited by title VII of the Civil Rights Act of 1964;

(6)

in the Guidelines, the Commission explained that harassing conduct is unlawful where—

(7)

the Commission further explained that, with respect to the evidence required to support a finding of unlawful harassment, it will look at the record as a whole and at the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred and emphasized that the determination of the legality of a particular action will be made from the facts, on a case by case basis;

(8)

six years later, the Supreme Court in Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), recognized that the protections under title VII of the Civil Rights Act of 1964 are not limited to discrimination that causes economic or tangible loss, and held that the phrase terms, conditions, or privileges of employment in title VII of such Act is an expansive concept that sweeps within its protective ambit the practice of creating a hostile work environment based on discrimination in the form of harassment;

(9)

in reaching this conclusion in the Meritor decision, the Supreme Court cited and approved the Guidelines;

(10)

in the Meritor decision, the Supreme Court cited with approval lower court decisions that concluded that a hostile work environment based on race, religion, or national origin violates the prohibition of discrimination in the terms, conditions, or privileges of employment under title VII of the Civil Rights Act of 1964, which decisions included—

(11)

in defining the evidence required to prove a violation of title VII of the Civil Rights Act of 1964, in the Meritor decision, the Supreme Court noted that harassment would be actionable when it is sufficiently severe or pervasive to alter the conditions of [the victim's] employment and create an abusive working environment (quoting Rogers v. EEOC, 454 F.2d 234 (5th Cir. 1971));

(12)

in Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993), the Supreme Court clarified that harassment need not seriously affect an employee’s psychological well-being or lead the employee to suffer injury in order to be unlawful, but rather, need merely create a work environment that a reasonable person in the protected class would find hostile or abusive;

(13)

in Harris v. Forklift Systems, Inc., the Supreme Court held that whether a work environment is unlawfully hostile or abusive does not depend on any mathematically precise test, but rather, is to be determined by looking at all of the circumstances, with no single factor required;

(14)

in National Railroad Passenger Corp. v. Morgan, 536 U.S. 101 (2002), the Supreme Court reaffirmed the Harris decision and further held that the hostility or abusiveness of each harassing act should be considered in the aggregate, not in isolation, regardless of whether such acts occur over days or even years;

(15)

notwithstanding the rulings of the Supreme Court specified in this subsection, some lower court decisions have treated harassing conduct’s severity or pervasiveness as the only 2 relevant factors in evaluating whether such conduct violates title VII of the Civil Rights Act of 1964;

(16)

some lower court decisions have treated severe or pervasive as a threshold for liability, when the relevant inquiry is whether the harassing conduct actually altered the terms, conditions, or privileges of employment;

(17)

some lower court decisions further have interpreted the severe or pervasive language in the Meritor decision so narrowly as to recognize only the most egregious conduct as unlawful, despite Congress’ intent that title VII of the Civil Rights Act of 1964 afford a broad scope of protection from discrimination;

(18)

examples of decisions that use the erroneous analysis described in paragraphs (15) through (17) in the context of harassment on the basis of sex include—

(19)

lower courts have made similar erroneous decisions in the context of harassment on the basis of race, national origin, age, and disability such as in Crawford v. Medina General Hospital, 96 F.3d 830 (6th Cir. 1996), Shaver v. Independent Stave Co., 350 F.3d 716 (8th Cir. 2003), and Motley v. Parker-Hannifan Corp., No. 1: 94–CV–639 (W.D. Mich. 1995);

(20)

in contrast, other lower court decisions applying the Meritor case and its progeny have appropriately recognized that a wide range of harassing behavior may alter the terms, conditions, or privileges of employment, with no single type, frequency, or duration of conduct required to make a showing of severe or pervasive harassment;

(21)

for example, in the context of harassment based on sex, those decisions have recognized that—

(22)

similarly, in the context of harassment based on other protected characteristics, other courts have appropriately held that—

(23)

similar erroneous decisions have been rendered in the context of harassment on the basis of sex in employment under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), as in Farmer v. Troy University, No. 5:17–CV–70–B0 (E.D.N.C. 2017).

(1)

enact into statutory law provisions that establish that workplace harassment is a violation of the—

(2)

establish a liability standard for workplace harassment that fulfills Congress’ intent of providing broad protection from discrimination in employment on the basis of race, color, religion, sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions), national origin, age, disability, genetic information, and uniformed services status.

(1) Civil Rights Act of 1964

Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–2) is amended by adding at the end the following:

(o)

(1)

(A)

In this subsection, the term workplace harassment means conduct based on race, color, religion, sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions), or national origin, regardless of whether it is direct or indirect, or verbal or nonverbal, that unreasonably alters an individual’s terms, conditions, or privileges of employment, including by creating an intimidating, hostile, or offensive work environment.

(B)

(i)

In this subsection, the term also means sexual harassment, which is conduct that takes place in a circumstance described in clause (ii) and that takes the form of—

(I)

a sexual advance;

(II)

a request for sexual favors; or

(III)

any other conduct of a sexual nature.

(ii)

A circumstance described in this clause is a situation in which—

(I)

submission to the conduct involved is made either explicitly or implicitly a term or condition of employment;

(II)

submission to or rejection of such conduct is used as the basis for an employment decision affecting an individual’s employment; or

(III)

such conduct unreasonably alters an individual's terms, conditions, or privileges of employment, including by creating an intimidating hostile, or offensive work environment.

(2)

It shall be an unlawful employment practice under subsection (a) to engage in workplace harassment.

(3)

In determining, for purposes of this subsection, whether conduct constitutes workplace harassment because the conduct unreasonably alters an individual’s terms, conditions, or privileges of employment, including by creating an intimidating, hostile, or offensive work environment, the following rules shall apply:

(A)

That determination shall be made on the basis of the record as a whole, according to the totality of the circumstances. A single incident may constitute workplace harassment.

(B)

Incidents that may be workplace harassment shall be considered in the aggregate, with—

(i)

conduct of varying types (such as expressions of sex-based hostility, requests for sexual favors, and denial of employment opportunities due to sexual orientation) viewed in totality, rather than in isolation; and

(ii)

conduct based on multiple protected characteristics (such as sex and race) viewed in totality, rather than in isolation.

(C)

The factors specified in this subparagraph are among the factors to be considered in determining whether conduct constitutes workplace harassment and are not meant to be exhaustive. No one of those factors shall be considered to be determinative in establishing whether conduct constitutes workplace harassment. Such factors are each of the following:

(i)

The frequency of the conduct.

(ii)

The duration of the conduct.

(iii)

The location where the conduct occurred.

(iv)

The number of individuals engaged in the conduct.

(v)

The nature of the conduct, which may include physical, verbal, pictorial, or visual conduct, and conduct that occurs in person or is transmitted, such as electronically.

(vi)

Whether the conduct is threatening.

(vii)

Any power differential between the alleged harasser and the person allegedly harassed.

(viii)

Any use of epithets, slurs, or other conduct that is humiliating or degrading.

(ix)

Whether the conduct reflects stereotypes about individuals in the protected class involved.

(4)

In determining, for purposes of this subsection, whether conduct constitutes workplace harassment, conduct may be workplace harassment regardless of whether, for example—

(A)

the complaining party is not the individual being harassed;

(B)

the complaining party acquiesced or otherwise submitted to, or participated in, the conduct;

(C)

the conduct is also experienced by others outside the protected class involved;

(D)

the complaining party was able to continue carrying out duties and responsibilities of the party's job despite the conduct;

(E)

the conduct did not cause a tangible injury or psychological injury; or

(F)

the conduct occurred outside of the workplace.

(2) Americans with Disabilities Act of 1990

Section 102(b) of the Americans with Disabilities Act (42 U.S.C. 12112(b)) is amended—

(3) Rehabilitation Act of 1973

Section 501(f) of the Rehabilitation Act of 1973 (29 U.S.C. 791(f)) is amended by inserting , including section 102(b) of that Act (42 U.S.C. 12112(b)), before and the provisions.

(4) Age Discrimination in Employment Act

Section 4 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 623) is amended by adding at the end the following:

(n)

It shall be unlawful under subsection (a) to engage in workplace harassment, which is conduct based on age, regardless of whether it is direct or indirect, or verbal or nonverbal, that—

(1)

unreasonably alters an individual’s terms, conditions, or privileges of employment, including by creating an intimidating, hostile, or offensive work environment; and

(2)

is determined to be such harassment in accordance with paragraphs (3) and (4) of section 703(o) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–2(o)).

(5) Genetic Information Nondiscrimination Act of 2008

Section 202 of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff–1) is amended by adding at the end the following:

(d) Workplace harassment

It shall be an unlawful employment practice under subsection (a) to engage in workplace harassment, which is conduct based on genetic information, regardless of whether it is direct or indirect, or verbal or nonverbal, that—

(1)

unreasonably alters an individual’s terms, conditions, or privileges of employment, including by creating an intimidating, hostile, or offensive work environment; and

(2)

is determined to be such harassment in accordance with paragraphs (3) and (4) of section 703(o) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–2(o)).

(6) Chapter 43 of title 38, United States Code

Section 4311 of title 38, United States Code, is amended by adding at the end the following:

(e)

It shall be an unlawful employment practice under subsection (a) to engage in workplace harassment, which is conduct based on uniformed services status (meaning the membership, application for membership, performance of service, application for service, or obligation, described in subsection (a)), regardless of whether it is direct or indirect, or verbal or nonverbal, that—

(1)

unreasonably alters an individual’s benefits of employment, including by creating an intimidating, hostile, or offensive work environment; and

(2)

is determined to be such harassment in accordance with paragraphs (3) and (4) of section 703(o) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–2(o)).

(1) Americans with Disabilities Act of 1990

Section 101 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111) is amended by adding at the end the following:

(11) Demonstrates

The term demonstrates means meets the burdens of production and persuasion.

(2) Age Discrimination in Employment Act of 1967

Section 11 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 630) is amended by adding at the end the following:

(m)

The term demonstrates means meets the burdens of production and persuasion.

(3) Genetic Information Nondiscrimination Act of 2008

Section 201 of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff) is amended by adding at the end the following:

(8) Demonstrates

The term demonstrates means meets the burdens of production and persuasion.

(1) Race, color, religion, sex, or national origin

Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–2) is amended by striking subsection (m) and inserting the following:

(m)

Except as otherwise provided in this title, an unlawful employment practice is established under this title when the complaining party demonstrates that race, color, religion, sex (including sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy, childbirth, or related medical conditions), or national origin or an activity protected by section 704(a) was a motivating factor for any employment practice, even though other factors also motivated the practice.

(2) Disability

Section 102 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12112) is amended by adding at the end the following:

(e) Proof

(1) Establishment

Except as otherwise provided in this Act, a discriminatory practice is established under this Act when the complaining party demonstrates that disability or an activity protected by subsection (a) or (b) of section 503 was a motivating factor for any employment practice, even though other factors also motivated the practice.

(2) Demonstration

In establishing a discriminatory practice under paragraph (1) or by any other method of proof, a complaining party—

(A)

may rely on any type or form of admissible evidence and need only produce evidence sufficient for a reasonable trier of fact to find that a discriminatory practice occurred under this Act; and

(B)

shall not be required to demonstrate that disability or an activity protected by subsection (a) or (b) of section 503 was the sole cause of an employment practice.

(3) Age

Section 4 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 623) is amended by inserting after subsection (f) the following:

(g)

(1)

Except as otherwise provided in this Act, an unlawful practice is established under this Act when the complaining party demonstrates that age or an activity protected by subsection (d) was a motivating factor for any practice, even though other factors also motivated the practice.

(2)

In establishing an unlawful practice under this Act, including under paragraph (1) or by any other method of proof, a complaining party—

(A)

may rely on any type or form of admissible evidence and need only produce evidence sufficient for a reasonable trier of fact to find that an unlawful practice occurred under this Act; and

(B)

shall not be required to demonstrate that age or an activity protected by subsection (d) was the sole cause of a practice.

(4) Genetic information

Section 202 of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff–1), as amended by section 204(c)(5), is further amended by adding at the end the following:

(e) Proof

(1) Establishment

Except as otherwise provided in this title, an unlawful employment practice is established under this title when the complaining party demonstrates that genetic information or an activity protected by section 207(f) was a motivating factor for any employment practice, even though other factors also motivated the practice.

(2) Demonstration

In establishing an unlawful employment practice under paragraph (1) or by any other method of proof, a complaining party—

(A)

may rely on any type or form of admissible evidence and need only produce evidence sufficient for a reasonable trier of fact to find that an unlawful employment practice occurred under this title; and

(B)

shall not be required to demonstrate that genetic information or an activity protected by section 207(f) was the sole cause of an employment practice.

(1) Americans with Disabilities Act of 1990

Section 503(c) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12203(c)) is amended—

(2) Age Discrimination in Employment Act of 1967

Section 4(d) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 623(d)) is amended—

(3) Genetic Information Nondiscrimination Act of 2008

Section 207(f) of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff–6(f)) is amended—

(1) Americans with Disabilities Act of 1990

Section 107 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12117) is amended by adding at the end the following:

(c) Discriminatory motivating factor

On a claim in which an individual establishes a discriminatory practice under section 102(e)(1), and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court—

(1)

may grant declaratory relief, injunctive relief (except as provided in paragraph (2)), and attorney’s fees and costs demonstrated to be directly attributable only to the pursuit of a claim under section 102(e)(1); and

(2)

shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment.

(2) Age Discrimination in Employment Act of 1967

Section 7 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 626) is amended—

(3) Genetic Information Nondiscrimination Act of 2008

Section 207 of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff–6) is amended—

(1) Title VII of the Civil Rights Act of 1964

Section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16) is amended by adding at the end the following:

(g)

Sections 703(m) and 706(g)(2)(B) shall apply to mixed motive cases (involving practices described in section 703(m)) under this section.

(2) Rehabilitation Act of 1973

The amendment made by subsection (f) to section 501(f) of the Rehabilitation Act of 1973 (29 U.S.C. 791(f)) shall be construed to apply to all employees covered by section 501 of that Act (29 U.S.C. 791).

(3) Age Discrimination in Employment Act of 1967

Section 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 633a) is amended—

(1) Congressional Accountability Act of 1995

Section 201 of the Congressional Accountability Act of 1995 (2 U.S.C. 1311) is amended—

(2) Title 3, United States Code

Section 411 of title 3, United States Code, is amended—

(3) Government Employee Rights Act of 1991

Section 302 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b) is amended—

(1) Standard for employer liability for hostile work environment

Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–2), as amended by 204(c)(1), is further amended by adding at the end the following:

(p)

Subject to section 206(j) of the BE HEARD in the Workplace Act, an employer shall be liable for the acts of any individual whose harassment of an employee has created or continued a hostile work environment that constitutes an unlawful employment practice under this section if, at the time of the harassment—

(1)

such individual was authorized by that employer—

(A)

to undertake or recommend tangible employment actions affecting the employee; or

(B)

to direct the employee’s daily work activities; or

(2)

the negligence of the employer led to the creation or continuation of that hostile work environment.

(2) Standard for employer liability for retaliatory hostile work environment

Section 704 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–3), as amended by section 201(a)(3), is further amended—

(3) Federal employees

Section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16), as amended by section 205(e)(1), is further amended by adding at the end the following:

(h)

The provisions of sections 703(p) and 704(b) shall apply to hostile work environment claims and retaliatory hostile work environment claims, respectively, under this section.

(1) Standard for employer liability for hostile work environment

Section 4 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 623), as amended by section 204(c)(4), is further amended by adding at the end the following:

(o)

Subject to section 206(j) of the BE HEARD in the Workplace Act, an employer shall be liable for the acts of any individual whose harassment of an employee has created or continued a hostile work environment that is unlawful under this section if, at the time of the harassment—

(1)

such individual was authorized by that employer—

(A)

to undertake or recommend tangible employment actions affecting the employee; or

(B)

to direct the employee’s daily work activities; or

(2)

the negligence of the employer led to the creation or continuation of that hostile work environment.

(2) Standard for employer liability for retaliatory hostile work environment

Section 4(d)(1) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 623(d)(1)), as amended by section 205(c)(2), is further amended by striking or litigation under this Act. and inserting “or litigation under this Act. Subject to section 206(j) of the BE HEARD in the Workplace Act, an employer shall be liable for the acts of any individual whose harassment of an employee has created or continued a retaliatory hostile work environment that is unlawful under this subsection if, at the time of the harassment—

(A)

such individual was authorized by that employer—

(i)

to undertake or recommend tangible employment actions affecting the employee; or

(ii)

to direct the employee’s daily work activities; or

(B)

the negligence of the employer led to the creation or continuation of that retaliatory hostile work environment.

(3) Federal employees

Section 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 633a), as amended by section 205(e)(3), is further amended by adding at the end the following:

(i)

Subsections (d) and (o) of section 4 shall apply to retaliatory hostile work environment claims and hostile work environment claims, respectively, under this section.

(1) Standard for employer liability for hostile work environment

Section 102 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12112), as amended by section 205(b)(2), is further amended by adding at the end the following:

(f)

Subject to section 206(j) of the BE HEARD in the Workplace Act, an employer shall be liable for the acts of any individual whose harassment of an employee has created or continued a hostile work environment that constitutes discrimination against a qualified individual on the basis of disability under this section if, at the time of the harassment—

(1)

such individual was authorized by the employer—

(A)

to undertake or recommend tangible employment actions affecting the qualified individual; or

(B)

to direct the qualified individual’s daily work activities; or

(2)

the negligence of the employer led to the creation or continuation of that hostile work environment.

(2) Standard for employer liability for retaliatory hostile work environment

Section 503 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12203) is amended—

(1) Standard for employer liability for hostile work environment and retaliatory hostile work environment

Section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) is amended by adding at the end the following:

(h)

Subject to section 206(j) of the BE HEARD in the Workplace Act, each department, agency, and instrumentality in the executive branch of Government and the Smithsonian Institution shall be liable for the acts of any individual within such department, agency, instrumentality, or the Smithsonian Institution whose harassment of an individual with a disability has created or continued a hostile work environment, or a retaliatory hostile work environment, that constitutes nonaffirmative action employment discrimination under this section if, at the time of the harassment—

(1)

such individual was authorized by that department, agency, instrumentality, or the Smithsonian Institution—

(A)

to undertake or recommend tangible employment actions affecting the individual with a disability; or

(B)

to direct the daily work activities of the individual with a disability; or

(2)

the negligence of that department, agency, instrumentality, or the Smithsonian Institution led to the creation or continuation of that hostile work environment or retaliatory hostile work environment.

(2) Standard for employer liability for hostile work environment and retaliatory hostile work environment

Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) is amended by adding at the end the following:

(e)

Subject to section 206(j) of the BE HEARD in the Workplace Act, an employer described under subsection (b) shall be liable for the acts of any individual whose harassment of a qualified individual with a disability has created or continued a hostile work environment, or a retaliatory hostile work environment, that constitutes employment discrimination under this section if, at the time of the harassment—

(1)

such individual was authorized by such employer—

(A)

to undertake or recommend tangible employment actions affecting the qualified individual with a disability; or

(B)

to direct the daily work activities of the qualified individual with a disability; or

(2)

the negligence of such employer led to the creation or continuation of that hostile work environment or retaliatory hostile work environment.

(3) Remedies

Section 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794a) is amended by adding at the end of subsection (a) the following:

(3)

Sections 501(h) and 504(e) shall apply to hostile work environment claims and retaliatory hostile work environment claims under this section.

(1) Standard for employer liability for hostile work environment

Section 202 of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff–1), as amended by sections 204(c)(5) and 205(b)(4), is further amended by adding at the end the following:

(f)

Subject to section 206(j) of the BE HEARD in the Workplace Act, an employer shall be liable for the acts of any individual whose harassment of an employee has created or continued a hostile work environment that constitutes an unlawful employment practice under this section if, at the time of the harassment—

(1)

such individual was authorized by the employer—

(A)

to undertake or recommend tangible employment actions affecting the employee; or

(B)

to direct the employee’s daily work activities; or

(2)

the negligence of the employer led to the creation or continuation of that hostile work environment.

(2) Standard for employer liability for retaliatory hostile work environment

Section 207(f)(1) of the Genetic Information Nondiscrimination Act (42 U.S.C. 2000ff–6(f)(1)), as amended by section 205(c)(2), is further amended by striking violations of this subsection. and inserting “violations of this subsection. Subject to section 206(j) of the BE HEARD in the Workplace Act, an employer shall be liable for the acts of any individual whose harassment of an employee has created or continued a retaliatory hostile work environment that constitutes discrimination under this subsection if, at the time of the harassment—

(A)

such individual was authorized by the employer—

(i)

to undertake or recommend tangible employment actions affecting the employee; or

(ii)

to direct the employee’s daily work activities; or

(B)

the negligence of the employer led to the creation or continuation of that retaliatory hostile work environment.

(1)

by redesignating subsections (c) through (f) as subsections (d) through (g), respectively;

(2)

by inserting after subsection (b) the following:

(c) Liability of employing office

Subject to section 206(j) of the BE HEARD in the Workplace Act, an employing office shall be liable for the acts of any individual whose harassment of a covered employee has created or continued a hostile work environment or a retaliatory hostile work environment constituting discrimination under this section if, at the time of the harassment—

(1)

such individual was authorized by the employing office—

(A)

to undertake or recommend tangible employment actions affecting the covered employee; or

(B)

to direct the covered employee’s daily work activities; or

(2)

the negligence of the employing office led to the creation or continuation of that hostile work environment or retaliatory hostile work environment.; and

(3)

in subsection (f), as redesignated by paragraph (1), by striking subsections (a) through (c) and inserting subsections (a) through (d)..

(1)

by striking subsection (e); and

(2)

by adding at the end the following:

(e) Outside individuals

Subject to section 206(j) of the BE HEARD in the Workplace Act, an employing office shall be liable for the acts of any individual whose harassment of a covered employee has created or continued a hostile work environment or a retaliatory hostile work environment that constitutes discrimination under this section if, at the time of the harassment—

(1)

such individual was authorized by the employing office—

(A)

to undertake or recommend tangible employment actions affecting the covered employee; or

(B)

to direct the covered employee’s daily work activities; or

(2)

the negligence of the employing office led to the creation or continuation of that hostile work environment or retaliatory hostile work environment.

(1)

in subsection (e)—

(2)

in subsection (g)(1), by striking two years prior to the filing of a charge and inserting 4 years and 120 days preceding the filing of the charge.

(1)

in the second sentence, by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;

(2)

by striking (d) and all that follows through No and inserting (d)(1) No; and

(3)

in paragraph (1), as designated by paragraph (2) of this subsection—

(1)

an employee or applicant to whom section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16(a)) applies, in the case of a complaint brought under section 717 of that Act (42 U.S.C. 2000e–16);

(2)

an employee or applicant to whom section 15(a) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 633a(a)) applies, in the case of a complaint brought under section 15 of that Act (29 U.S.C. 633a);

(3)

an employee or applicant to whom section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) applies, in the case of a complaint brought to enforce that section under section 505 of that Act (29 U.S.C. 794a); and

(4)

an employee or applicant described in section 201(2)(A)(v) of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff(2)(A)(v)), in the case of a complaint brought to enforce title II of that Act (42 U.S.C. 2000ff et seq.) under section 207(e) of that Act (42 U.S.C. 2000ff–6(e)).

(1)

an individual who is engaged by an employer or entity covered by that provision (referred to in this subsection as a covered employer or entity) as an independent contractor (regardless of business structure, including organization as a legal or commercial entity) or as an intern, fellow, volunteer, or trainee, whether or not the individual receives compensation, academic credit, or other remuneration from the covered employer or entity; or

(2)

an individual who applies or seeks to become such an independent contractor (regardless of business structure, including organization as a legal or commercial entity), intern, fellow, volunteer, or trainee, for the covered employer or entity.

(1) Definition

In this subsection, the term covered establishment means an individual or entity that—

(2) Protections

All protections afforded to an employee or individual under a provision that consists of title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, title I and section 503 (for violations with respect to that title) of the Americans with Disabilities Act of 1990, section 6(d) of the Fair Labor Standards Act of 1938, title II of the Genetic Information Nondiscrimination Act of 2008, and section 4311 of title 38, United States Code, shall be afforded, in the same manner and to the same extent that the provision covers an individual described in section 701(f) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(f)), to—

(1) Commission

The term Commission means the Equal Employment Opportunity Commission.

(2) Covered establishment

The term covered establishment has the meaning given the term in section 301.

(3) Covered individual

The term covered individual means—

(4) Employee

The term employee means—

(5) Employer

The term employer means—

(6) Nondisclosure clause

The term nondisclosure clause means a provision in a contract or agreement establishing that each party to the contract or agreement agrees not to disclose information covered by the terms and conditions of the contract or agreement.

(7) Nondisparagement clause

The term nondisparagement clause means a provision in a contract or agreement requiring one or more parties to the contract or agreement not to make negative statements about another such party.

(8) Worker

The term worker means an employee or a covered individual.

(1) Nondisparagement and nondisclosure clauses

Subject to paragraph (3), it shall be an unlawful practice for an employer to proffer or to enter into a contract or agreement with a worker, or for a covered establishment to proffer or to enter into a contract or agreement with a covered individual, as a condition of employment or contracting, promotion, compensation, benefits, or change in employment status or contractual relationship, or as a term, condition, or privilege of employment or contracting, if that contract or agreement contains a nondisparagement clause or nondisclosure clause that covers prohibited harassment or other prohibited discrimination in employment or contracting, or retaliation for reporting, resisting, opposing, or assisting in the investigation of such harassment or other discrimination.

(2) Prohibition on enforcement

Subject to paragraph (3) but notwithstanding any other provision of law, it shall be an unlawful practice for an employer or covered establishment to enforce or attempt to enforce a nondisparagement clause or nondisclosure clause that covers prohibited harassment or other prohibited discrimination in employment or contracting, or retaliation for reporting, resisting, opposing, or assisting in the investigation of such harassment or other discrimination. An employer or covered establishment that enforces or attempts to enforce such a nondisparagement clause or such a nondisclosure clause against a worker shall be liable for the reasonable attorney’s fees and costs of the worker.

(3) Settlement or separation agreements

(1) Enforcement powers

With respect to the administration and enforcement of this section in the case of a claim alleged by a worker against an employer for a violation of this section—

(2) Procedures and remedies

The procedures and remedies applicable to a claim alleged by a worker against the employer for a violation of this section are—

(3) Other applicable provisions

With respect to a claim alleged by an employee described in subsection (a)(4)(C) or a covered individual described in subsection (a)(3)(A)(iii) for a violation of this section, title III of the Congressional Accountability Act of 1995 (2 U.S.C. 1381 et seq.) shall apply in the same manner as such title applies with respect to a claim alleged by such an employee for a violation of section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)).

(1) Enforcement powers

With respect to the administration and enforcement of this section in the case of a claim alleged by a covered individual against a covered establishment for a violation of this section—

in the case of a claim alleged by an employee described in subsection (a)(4)(A) for a violation of such title.

(2) Procedures and remedies

The procedures and remedies applicable to a claim alleged by a covered individual against the covered establishment for a violation of this section are the procedures and remedies applicable for a violation of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by an employee described in subsection (a)(4)(A) for a violation of such title.

(1)

any right that person would otherwise have had to report a concern about harassment, including sexual harassment, in employment or contracting or another violation of the law to the Commission, another Federal agency (including an office of the legislative or judicial branch), a State or local fair employment practices agency or any other State or local agency, or a law enforcement agency; and

(2)

any right that person would otherwise have had to bring an action in a court of the United States.

(1) In general

Except as provided in paragraphs (2), (3), and (4), the Commission shall have authority to issue regulations to carry out this section.

(2) Librarian of Congress

The Librarian of Congress shall have authority to issue regulations to carry out this section with respect to workers of the Library of Congress.

(3) Board

The Board referred to in subsection (c)(1)(C) shall have authority to issue regulations to carry out this section, in accordance with section 304 of the Congressional Accountability Act of 1995 (2 U.S.C. 1384), with respect to employees described in subsection (a)(4)(C) and covered individuals described in subsection (a)(3)(A)(iii).

(4) President

The President shall have authority to issue regulations to carry out this section with respect to employees described in subsection (a)(4)(D) and covered individuals described in subsection (a)(3)(A)(iv).

(1) Abrogation of State immunity

A State shall not be immune under the 11th Amendment to the Constitution from a suit brought in a Federal court of competent jurisdiction for a violation of this section.

(2) Waiver of State immunity

(3) Remedies against State officials

An official of a State may be sued in the official capacity of the official by a covered individual who has complied with the applicable procedures of subsection (c), for equitable relief that is authorized under this section. In such a suit the court may award to the prevailing party those costs authorized by section 722 of the Revised Statutes (42 U.S.C. 1988).

(4) Remedies against the United States and the States

Notwithstanding any other provision of this Act, in an action or administrative proceeding against the United States or a State for a violation of this section, remedies (including remedies at law and in equity, and interest) are available for the violation to the same extent as the remedies are available for a violation of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) by an employer described in subsection (a)(5)(A), except that—

(1) Agreements

Section 8(e) of the National Labor Relations Act (29 U.S.C. 158(e)) is amended to read as follows:

(e)

Notwithstanding chapter 1 of title 9, United States Code (commonly known as the Federal Arbitration Act), or any other provision of law, it shall be an unfair labor practice under subsection (a)(1) for any employer—

(1)

to enter into or attempt to enforce any agreement, express or implied, whereby prior to or after a dispute to which the agreement applies, an employee undertakes or promises not to pursue, bring, join, litigate, or support any kind of joint, class, or collective claim arising from or relating to the employment of such employee in any forum that, but for such agreement, is of competent jurisdiction;

(2)

to coerce an employee into undertaking or promising not to pursue, bring, join, litigate, or support any kind of joint, class, or collective claim arising from or relating to the employment of such employee; or

(3)

to retaliate or threaten to retaliate against an employee for refusing to undertake or promise not to pursue, bring, join, litigate, or support any kind of joint, class, or collective claim arising from or relating to the employment of such employee:

Provided, That any agreement that violates this subsection or results from a violation of this subsection shall be to such extent unenforceable and void: Provided further, That this subsection shall not apply to any agreement embodied in or expressly permitted by a contract between an employer and a labor organization.

(2) Certain postdispute arbitration agreements

Section 10(b) of the National Labor Relations Act (29 U.S.C. 160(b)) is amended by striking discharge and inserting discharge, or unless the person aggrieved thereby is alleging a violation of section 8(e) whose charge involves a postdispute arbitration agreement that meets the requirements under section 502(a)(2) of title 9, United States Code, in which event the six-month period shall be computed from the day the waiting period described in subparagraph (C) of such section ends.

(1) In general

Title 9, United States Code, is amended by adding at the end the following:

5 Arbitration of Work Disputes

501. Definitions

In this chapter:

(1) Commerce; employee; employer

The terms commerce, employee, and employer have the meanings given the terms in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).

(2) Covered entity

The term covered entity means—

(A)

an employer; or

(B)

an individual or entity that is not acting as an employer and engages the services of a worker.

(3) Presdispute arbitration agreement

The term predispute arbitration agreement has the meaning given the term in section 401.

(4) Postdispute arbitration agreement

The term postdispute arbitration agreement means any agreement to arbitrate a dispute that arose before the time of the making of the agreement.

(5) Worker

The term worker means—

(A)

an employee engaged in an activity affecting commerce; or

(B)

an individual, engaged in an activity affecting commerce, who is engaged by a covered entity to perform services or work as an independent contractor (regardless of the label or classification assigned or used by the covered entity).

(6) Work dispute

The term work dispute—

(A)

means a dispute between one or more workers (or their authorized representatives) and a covered entity arising out of or related to the work relationship or prospective work relationship between the workers and the covered entity; and

(B)

includes—

(i)

a dispute regarding the terms of, payment for, advertising of, recruitment of, referring of, arranging for, or discipline or discharge in connection with work performed in connection with such work relationship;

(ii)

a dispute arising under any law referred to or described in section 62(e) of the Internal Revenue Code of 1986, including any part of such a law not explicitly referenced in such section that relates to protecting individuals on a basis that is protected under a law referred to or described in such section; and

(iii)

a dispute in which an individual or individuals seek certification—

(I)

as a class under rule 23 of the Federal Rules of Civil Procedure;

(II)

as a collective action under section 16(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)); or

(III)

under a comparable rule or provision of State law.

502. No validity or enforceability

(a) In general

Notwithstanding any other provision of this title—

(1)

no predispute arbitration agreement shall be valid or enforceable if it requires arbitration of a work dispute;

(2)

no postdispute arbitration agreement that requires arbitration of a work dispute shall be valid or enforceable unless—

(A)

the agreement was not required by the covered entity, obtained by coercion or threat of adverse action, or made a condition of employment, work, or any employment-related or work-related privilege or benefit;

(B)

each worker entering into the agreement was informed in writing using sufficiently plain language likely to be understood by the average worker of—

(i)

the right of the worker under paragraph (3) to refuse to enter the agreement without retaliation; and

(ii)

as applicable, the protections under section 8(a)(6) of the National Labor Relations Act (29 U.S.C. 158(a)(6));

(C)

each worker entering into the agreement entered the agreement after a waiting period of not fewer than 45 days, beginning on the date on which the employee was provided both the final text of the agreement and the disclosures required under subparagraph (B); and

(D)

each worker entering into the agreement affirmatively consented to the agreement in writing; and

(3)

no covered entity may retaliate or threaten to retaliate against a worker for refusing to enter into an agreement that provides for arbitration of a work dispute.

(b) Statute of limitations

The statute of limitations for bringing an action that arises from or forms the basis for the applicable work dispute shall be tolled during the waiting period described in subsection (a)(2)(C).

(c) Civil action

Any person who is injured by reason of a violation of subsection (a)(3) may bring a civil action in the appropriate district court of the United States against the covered entity within 2 years of the violation, or within 3 years if such violation is willful. Relief granted in such an action shall include a reasonable attorney’s fee, other reasonable costs associated with maintaining the action, and any appropriate relief authorized by section 706(g) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–5(g)) or by section 1977A(b) of the Revised Statutes (42 U.S.C. 1981a(b)).

(d) Applicability

(1) In general

This chapter applies to covered entities and workers to the fullest extent permitted by the Constitution of the United States, including the work of persons engaged in domestic service in households, as described in section 2(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 202(a)). An issue as to whether this chapter applies to an arbitration agreement shall be determined under Federal law. The applicability of this chapter to an agreement to arbitrate and the validity and enforceability of an agreement to which this chapter applies shall be determined by a court, rather than an arbitrator, regardless of whether any contractual provision purports to delegate such determinations to the arbitrator and irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement.

(2) Collective bargaining agreements

Nothing in this chapter shall apply to any arbitration provision in a contract between a covered entity and a labor organization, except that no such arbitration provision shall have the effect of waiving the right of a worker to seek judicial enforcement of a right arising under a provision of the Constitution of the United States, the constitution of a State, or a Federal or State statute, or public policy arising therefrom.

(2) Technical and conforming amendments

(1) Covered contract

The term covered contract means a Federal contract for the procurement of property or services, including construction, valued in excess of $500,000.

(2) Covered subcontract

The term covered subcontract—

(3) Executive agency

The term executive agency has the meaning given the term in section 133 of title 41, United States Code.

(1) Disclosures

The head of an executive agency shall ensure that the solicitation for a covered contract requires the offeror—

(2) Pre-award corrective measures

(3) Referral of information to suspension and debarment officials

As appropriate, contracting officers, in consultation with their executive agency’s Labor Compliance Advisor, shall refer matters related to information provided under subparagraphs (A) and (B) of paragraph (1) to the executive agency’s suspension and debarment official in accordance with agency procedures.

(1) Information updates

The contracting officer for a covered contract shall require that the contractor update the information provided under subparagraphs (A) and (B) of subsection (b)(1) every 6 months.

(2) Corrective actions

(1) In general

Each executive agency shall designate a senior official to act as the agency’s Labor Compliance Advisor.

(2) Duties

The Labor Compliance Advisor shall—

(1) Federal acquisition regulation

(2) Department of Labor

(3) Office of Management and Budget

The Director of the Office of Management and Budget shall—

(4) General Services Administration

(5) Minimizing compliance burden

After reissuing the guidance under paragraph (2)(A) or the final rule under paragraph (1), the Secretary of Labor or the Secretary of Defense, the Administrator of the General Services Administration, and the Administrator of the National Aeronautics and Space Administration may, respectively, amend such guidance or final rule consistent with the requirements under chapter 5 of title 5, United States Code.

(1)

impairing or otherwise affecting the authority granted by law to an executive agency or the head thereof; or

(2)

impairing or otherwise affecting the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(A)

Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.).

(B)

The Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16a et seq.).

(C)

The Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.).

(D)

Subchapter II of chapter 5 of title 3, United States Code.

(E)

The Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.).

(F)

Title I and section 503 (for violations with respect to that title) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.; 12203).

(G)

Sections 501 and 505 of the Rehabilitation Act of 1973 (29 U.S.C. 791, 794a).

(H)

Section 6(d) of the Fair Labor Standards Act of 1938 (commonly known as the Equal Pay Act of 1963) (29 U.S.C. 206(d)).

(I)

Title II of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.).

(J)

Section 4311 of title 38, United States Code.

(K)

The Pregnant Workers Fairness Act (42 U.S.C. 2000gg et seq.).

(L)

Other Federal, State, or local employment law.

(1) Director

The term Director means the Director of the Women’s Bureau of the Department of Labor.

(2) Eligible entity

The term eligible entity means any of the following:

(a) Grants

The Director, in consultation with the Commission, shall award grants under this section, on a competitive basis, to eligible entities to assist such entities in carrying out a program for preventing and addressing employment discrimination, including harassment, through activities authorized under subsection (b).

(b) Use of funds

(c) Term of grants

Each grant awarded under this section shall be available for expenditure for a period not to exceed 3 years.

(d) Applications

(e) Selection

(f) Performance evaluations

(1) Covered client

The term covered client means an individual who—

(2) Eligible client

The term eligible client has the meaning given the term in section 1002 of the Legal Services Corporation Act (42 U.S.C. 2996a) and the regulations of the Legal Services Corporation.

(3) Eligible entity

The term eligible entity means—

(4) Secretary

The term Secretary means the Secretary of Labor.

(a) Grants authorized

(b) Application

In order to be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Such application shall include—

(c) Award basis

The Secretary shall, in consultation with the Legal Services Corporation, award and oversee grants under this section pursuant to such procedures and criteria as the Secretary may require. Such procedures and criteria shall include consideration of—

(d) Equitable distribution

To the extent practicable, in awarding grants under this section, the Secretary, in consultation with the Legal Services Corporation, shall ensure that the grants are made so as to provide the most economical and effective delivery of services described in subsection (a)(1) to covered clients in both urban and rural areas, with consideration of the geographic distribution of persons in poverty.

(e) Duration of the grant

(f) Report

Not later than 2 years after the date of enactment of this section, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Workforce of the House of Representatives a report on the implementation of the grant program under this section, including—

(1) Record

The term record includes—

(2) Secretary

The term Secretary means the Secretary of Labor.

(3) State

The term State, except as otherwise provided, includes, in addition to each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

(a) Allotments

(b) Payment to systems

The Secretary shall pay directly to each State that has a system in the State that complies with the provisions of this subtitle the amount of the allotment made for the State under this section, unless the system specifies otherwise, to be used in support of the system.

(c) Unobligated funds

Any amount paid to a State under this subtitle for a fiscal year and remaining unobligated at the end of such year shall remain available to such State for the next fiscal year, for the purposes for which such amount was paid.

(a) In general

In order for a State to receive an allotment under this subtitle, the State shall—

(b) Lead entity requirements

(c) System required

The system described in subsection (a) shall—

(d) American Indian consortium

(a) Governing board

The system described in section 434 shall be organized as a private nonprofit entity with a multimember governing board, and such governing board shall be selected according to the policies and procedures of the system, except that—

(b) Legal action

(c) Public notice of Federal onsite review

The Secretary shall provide advance public notice of, and solicit public comments regarding, any Federal programmatic or administrative onsite review of a system conducted under this subtitle. The Secretary shall prepare an onsite visit report containing the results of such review, which shall be distributed to the Governor of the State and to other interested public and private parties. The comments received in response to the notice and public comment solicitation shall be included in the onsite visit report.

(d) Reports