H.R. 6406 115th Congress House

EMPOWER Act

Official title: To deter, prevent, reduce, and respond to harassment in the workplace, including sexual harassment, sexual assault, and harassment based on protected categories; and to amend the Internal Revenue Code of 1986 to modify the tax treatment of amounts related to employment discrimination and harassment in the workplace, including sexual harassment, sexual assault, and harassment based on protected categories.

Introduced: July 17, 2018 Introduced by: Lois Frankel Democratic · Florida See on congress.gov

Labor and Employment Administrative law and regulatory proceduresAdministrative remediesAssault and harassment offensesCivil actions and liability

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Congressional officers and employeesContracts and agencyCorporate finance and managementCrime victimsEmployment and training programsEmployment discrimination and employee rightsEqual Employment Opportunity Commission (EEOC)Government employee pay, benefits, personnel managementGovernment information and archivesGovernment liabilityGovernment studies and investigationsIncome tax deductionsIncome tax exclusionLabor-management relationsLegal fees and court costsLibrary of CongressMarketing and advertisingMerit Systems Protection BoardSecurities and Exchange Commission (SEC)Sex offensesSex, gender, sexual orientation discriminationState and local government operationsTax administration and collection, taxpayersWages and earnings

Everywhere this bill has been 2 steps

Introduced

In committee

Reported out

Passed House

Passed Senate

To President

Became law

Jul 17, 2018

Referred to the Committee on Education and the Workforce, and in addition to the Committees on Ways and Means, Financial Services, House Administration, Oversight and Government Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Jul 17, 2018

Introduced in House

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Latest action July 17, 2018

Plain-English summary Congressional Research Service

Ending the Monopoly of Power Over Workplace Harassment through Education and Reporting Act or the EMPOWER Act

This bill makes it an unlawful practice (with exceptions regarding certain settlement or separation agreements) for an employer to: (1) enter into a contract with an employee or applicant, as a condition of employment, promotion, compensation, benefits, or change in employment status or contractual relationship, or as a term, condition, or privilege of employment, if that contract contains a nondisparagement or nondisclosure clause that covers workplace harassment; and (2) enforce, or attempt to enforce, a nondisparagement clause or nondisclosure clause.

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 Equal Employment Opportunity Commission (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.

The bill: (1) sets forth enforcement powers of the EEOC and various entities, and the jurisdiction of U.S. courts, regarding workplace harassment; and (2) makes specified procedures and remedies applicable.

The EEOC shall: (1) establish a confidential tip-line that supplements its existing process for submitting a charge of discrimination, and (2) provide for the development and dissemination of workplace training programs and information regarding workplace harassment, including sexual harassment.

The Internal Revenue Code is amended to modify the tax treatment of amounts related to employment discrimination and workplace harassment.

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