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.
• Committee on House Administration• Ways and Means Committee• Financial Services Committee• Judiciary Committee• Education and Workforce Committee• Oversight and Government Reform Committee
Introduced
In Committee
On Floor
Passed Chamber
Enacted
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.
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.
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.
Administrative law and regulatory proceduresAdministrative remediesAssault and harassment offensesCivil actions and liabilityCongressional 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, gender, sexual orientation discriminationSex offensesState and local government operationsTax administration and collection, taxpayersWages and earnings
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.
USA115th CongressHR-6406| House
| Updated: 7/17/2018
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.
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.
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.
• Committee on House Administration• Ways and Means Committee• Financial Services Committee• Judiciary Committee• Education and Workforce Committee• Oversight and Government Reform Committee
Administrative law and regulatory proceduresAdministrative remediesAssault and harassment offensesCivil actions and liabilityCongressional 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, gender, sexual orientation discriminationSex offensesState and local government operationsTax administration and collection, taxpayersWages and earnings