EMPOWER Act—Part 1

Ending the Monopoly of Power Over Workplace harassment through Education and Reporting Act-Part I or the EMPOWER Act-Part I

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.