Job Protection for Survivors Act - Prohibits an employer from failing to hire, or to discharge, harass, or otherwise discriminate against an individual with respect to his or her employment because he or she was a victim of domestic violence, dating violence, sexual assault, or stalking. Entitles such employee to: (1) a total of 15 days of unpaid leave during any 12-month period to obtain certain victim services; and (2) leave for court proceedings resulting from an incident of domestic violence, dating violence, sexual assault, or stalking.
Makes it unlawful for an employer to interfere with, or discriminate against, any employee exercising any right provided under this Act.
Authorizes an employee to file an action for damages or equitable relief in federal or state court against an employer who violates the requirements of this Act. Requires the Secretary of Labor to investigate and resolve complaints of violations of this Act.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4015 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 4015
To provide job protection for victims of domestic violence, dating
violence, sexual assault, or stalking.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 31, 2007
Ms. Roybal-Allard (for herself and Mr. Poe) introduced the following
bill; which was referred to the Committee on Education and Labor, and
in addition to the Committees on Oversight and Government Reform, the
Judiciary, and House Administration, 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
_______________________________________________________________________
A BILL
To provide job protection for victims of domestic violence, dating
violence, sexual assault, or stalking.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Job Protection for Survivors Act''.
SEC. 2. DEFINITIONS.
As used in this Act, the following definitions apply:
(1) Discriminate.--The term ``discriminate'', used with
respect to the terms, conditions, or privileges of employment,
includes failing to implement a request from an individual, in
response to actual or threatened domestic violence, dating
violence, sexual assault, or stalking, for a reasonable safety
procedure or a job-related modification to enhance the security
of that individual or safeguard the workplace (such as
installation of a lock, change of a telephone number or seating
assignment, provision of a transfer, provision of leave,
modification of a schedule, or adjustment of a work
requirement), unless the employer can demonstrate that granting
the request would impose an undue hardship on the operation of
the employer, or would significantly disrupt other employee's
performance of their core job functions.
(2) Domestic violence.--The terms ``domestic violence'',
``dating violence'', ``sexual assault'', and ``stalking'' have
the meanings given such terms in section 40002 of the Violence
Against Women Act of 1994 (42 U.S.C. 13925).
(3) Employee.--
(A) In general.--The term ``employee'' means any
person employed by an employer. In the case of an
individual employed by a public agency, such term means
an individual employed as described in section 3(e)(2)
of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(e)(2)).
(B) Basis.--The term includes a person employed as
described in subparagraph (A) on a full- or part-time
basis, for a fixed time period, on a temporary basis,
pursuant to a detail, or as a participant in a work
assignment as a condition of receipt of Federal or
State income-based public assistance.
(4) Employer.--The term ``employer''--
(A) means any person engaged in commerce or in any
industry or activity affecting commerce who employs 15
or more individuals;
(B) includes any person acting directly or
indirectly in the interest of an employer in relation
to an employee; and
(C) includes a public agency that employs
individuals as described in section 3(e)(2) of the Fair
Labor Standards Act of 1938, but does not include any
labor organization (other than when acting as an
employer) or anyone acting in the capacity of officer
or agent of such labor organization.
(5) Employment benefits.--The term ``employment benefits''
means all benefits provided or made available to employees by
an employer, including group life insurance, health insurance,
disability insurance, sick leave, annual leave, educational
benefits, and pensions, regardless of whether such benefits are
provided by a practice or written policy of an employer or
through an ``employee benefit plan'', as defined in section
3(3) of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1002(3)).
(6) Family or household member.--The term ``family or
household member'', used with respect to a person, means an
individual who is a spouse, former spouse, parent, son or
daughter, or person residing or formerly residing in the same
dwelling unit as the person.
(7) Parent; son or daughter.--The terms ``parent'' and
``son or daughter'' have the meanings given the terms in
section 101 of the Family and Medical Leave Act of 1993 (29
U.S.C. 2611).
(8) Reduced leave schedule.--The term ``reduced leave
schedule'' means a leave schedule that reduces the usual number
of hours per workweek, or hours per workday, of an employee.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(10) Undue hardship.--
(A) In general.--The term ``undue hardship'' means
an action requiring significant difficulty or expense,
when considered in light of the factors set forth in
subparagraph (B).
(B) Factors to be considered.--In determining
whether a reasonable accommodation would impose an
undue hardship on the operation of an employer or
public agency, factors to be considered include--
(i) the nature and cost of the request of
an employee for an accommodation;
(ii) the overall financial resources of the
facility involved, the number of persons
employed at such facility, the effect on
expenses and resources, or the impact otherwise
of such accommodation on the operation of the
facility;
(iii) the overall financial resources of
the employer or public agency, the overall size
of the business of an employer or public agency
with respect to the number of employees of the
employer or public agency, and the number,
type, and location of the facilities of an
employer or public agency; and
(iv) the type of operation of the employer
or public agency, including the composition,
structure, and functions of the workforce of
the employer or public agency, the geographic
separateness of the facility from the employer
or public agency, and the administrative or
fiscal relationship of the facility to the
employer or public agency.
(11) Victim of domestic violence, dating violence, sexual
assault, or stalking.--The term ``victim of domestic violence,
dating violence, sexual assault, or stalking'' includes a
person who has been a victim of domestic violence, dating
violence, sexual assault, or stalking and a person whose family
or household member has been a victim of domestic violence,
dating violence, sexual assault, or stalking.
(12) Victim services organization.--The term ``victim
services organization'' means a nonprofit, nongovernmental
organization that provides assistance to victims of domestic
violence, dating violence, sexual assault, or stalking, or to
advocates for such victims, including a rape crisis center, an
organization carrying out a domestic violence program, an
organization operating a shelter or providing counseling
services, or a legal services organization or other
organization providing assistance through the legal process.
SEC. 3. EMPLOYMENT PROTECTION FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, OR STALKING.
An employer shall not fail to hire, refuse to hire, discharge, or
harass any individual, or otherwise discriminate against any individual
with respect to the compensation, terms, conditions, or privileges of
employment of the individual (including retaliation in any form or
manner) because--
(1) the individual involved is or the employer or public
agency involved perceives that individual to be a victim of
domestic violence, dating violence, sexual assault, or
stalking;
(2) that individual attended, participated in, prepared
for, or requested leave to attend, participate in, or prepare
for, a criminal or civil court proceeding relating to an
incident of domestic violence, dating violence, sexual assault,
or stalking of which the individual, or the family or household
member of the individual, was a victim;
(3) that individual, in response to actual or threatened
domestic violence, dating violence, sexual assault, or
stalking, requested that the employer or public agency
implement a reasonable safety procedure or a job-related
modification to enhance the security of that individual or
safeguard the workplace involved; or
(4) the workplace is disrupted or threatened by the action
of a person whom that individual states has committed or
threatened to commit domestic violence, dating violence, sexual
assault, or stalking against that individual, or that
individual's family or household member.
SEC. 4. ENTITLEMENT TO LEAVE FOR ADDRESSING DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, OR STALKING.
(a) Entitlement to Leave.--
(1) In general.--An employee who is a victim of domestic
violence, dating violence, sexual assault, or stalking shall be
entitled to a total of 15 days of unpaid leave during any 12-
month period for any of the following:
(A) To obtain services from a victim services
organization related to an incident of domestic
violence.
(B) To obtain psychological or other counseling for
the employee or the employee's family or household
member related to experiences of domestic violence,
dating violence, sexual assault, or stalking.
(C) To participate in safety planning or take other
actions to increase the safety of the employee or the
employee's family or household member from future
domestic violence, dating violence, sexual assault, or
stalking or ensure economic security, including
temporarily or permanently relocating.
(D) To seek medical attention for injuries caused
by domestic violence or sexual assault.
(2) Leave for court proceedings.--An employee who is a
victim of domestic violence, dating violence, sexual assault,
or stalking shall be entitled to such leave as is necessary to
enable the employee to attend or participate in any civil or
criminal legal proceeding resulting from an incident of
domestic violence, dating violence, sexual assault, or stalking
against that employee, including, seeking to obtain a temporary
restraining order, restraining order, or other injunctive
relief, or to help ensure the health, safety, or welfare of the
victim or his or her child.
(b) Schedule.--Leave described in subsection (a) may be taken
intermittently or on a reduced leave schedule. The taking of leave
intermittently or on a reduced leave schedule shall not result in a
reduction of the total amount of leave to which the employee is
entitled under subsection (a).
(c) Calculation of 12-Motnh Period.--An employer is permitted to
choose any 1 of the following methods for determining the 12-month
period in which the 15 days of leave entitlement occurs:
(1) The calendar year.
(2) Any fixed 12-month ``leave year'' such as a fiscal
year, a year required by State law, or a year starting on the
date that is 1 year after the date on which an employee begins
employment with that employer.
(3) The 12-month period measured forward from the first
date on which an employee's takes leave under subsection (a).
(d) Relationship to Paid Leave.--An employee who is entitled to
take paid or unpaid leave (including family, medical, sick, annual,
personal, or similar leave) from employment, pursuant to Federal,
State, or local law, a collective bargaining agreement, or an
employment benefits program or plan, may elect to substitute any period
of such leave for an equivalent period of leave provided under
subsection (a).
(e) Notice to Employer and Certification.--
(1) Notice to employer and duties of employee.--In any case
in which the necessity for leave under subsection (a) is
foreseeable based on a scheduled appointment or planned
activity, the employee shall--
(A) make a reasonable effort to schedule the
appointment or activity so as not to disrupt unduly the
operations of the employer; and
(B) provide the employer with not less than 15 days
notice before the date the leave is to begin, of the
employee's intention to take leave under such
subsection, except that if such 15 days' notice is not
practicable, the employee shall provide the employer
with such advanced notice as is practicable.
(2) Certification.--
(A) In general.--The employer may require the
employee to provide certification to the employer,
within a reasonable period after the employer requests
the certification, that--
(i) the employee or the employee's family
or household member is a victim of domestic
violence, dating violence, sexual assault, or
stalking; and
(ii) the leave is for 1 of the purposes
enumerated in subsection (a).
(B) Contents.--An employee may satisfy the
certification requirement of subparagraph (A) by
providing to the employer--
(i) a sworn statement of the employee;
(ii) documentation from an employee, agent,
or volunteer of a victim services organization,
an attorney, a member of the clergy, or a
medical or other professional, from whom the
employee or the employee's family or household
member has sought assistance in addressing
domestic violence, dating violence, sexual
assault, or stalking and the effects of
domestic violence, dating violence, sexual
assault, or stalking; or
(iii) a police or court record.
(3) Confidentiality.--All information provided to the
employer pursuant to paragraphs (1) or (2), including a
statement of the employee or any other documentation, record,
or corroborating evidence, and the fact that the employee has
requested or obtained leave pursuant to subsection (a), shall
be retained in the strictest confidence by the employer, except
to the extent that disclosure is--
(A) requested or consented to by the employee in
writing; or
(B) otherwise required by applicable Federal or
State law.
(f) Employment and Benefits.--
(1) Restoration to position.--Except as provided in
paragraph (3), any employee who takes leave under this section
for the intended purpose of the leave shall be entitled, on
return from such leave--
(A) to be restored by the employer to the position
of employment held by the employee when the leave
commenced; or
(B) to be restored to an equivalent position with
equivalent employment benefits, pay, and other terms
and conditions of employment.
(2) Loss of benefits.--The taking of leave under this
section shall not result in the loss of any employment benefits
accrued prior to the date on which the leave commenced.
(3) Limitations.--Nothing in this subsection shall be
construed to entitle any restored employee to--
(A) the accrual of any seniority or employment
benefits during any period of leave; or
(B) any right, benefit, or position of employment
other than any right, benefit, or position to which the
employee would have been entitled had the employee not
taken the leave.
(4) Construction.--Nothing in this subsection shall be
construed to prohibit an employer from requiring an employee on
leave under this title to report periodically to the employer
on the status and intention of the employee to return to work.
SEC. 5. PROHIBITED ACTS.
(a) Interference With Rights.--
(1) Exercise of rights.--It shall be unlawful for any
employer to interfere with, restrain, or deny the exercise of
or the attempt to exercise, any right provided under section 4.
(2) Employer discrimination.--It shall be unlawful for any
employer to discharge or harass any individual, or otherwise
discriminate against any individual with respect to
compensation, terms, conditions, or privileges of employment of
the individual (including retaliation in any form or manner)
because the individual--
(A) exercised any right provided under section 4 ;
or
(B) opposed any practice made unlawful by this Act.
(b) Interference With Proceedings or Inquiries.--It shall be
unlawful for any person to discharge or in any other manner
discriminate (as described in subsection (a)(2)) against any individual
because such individual--
(1) has filed any charge, or has instituted or caused to be
instituted any proceeding, under or related to this Act;
(2) has given, or is about to give, any information in
connection with any inquiry or proceeding relating to any right
provided under this Act; or
(3) has testified, or is about to testify, in any inquiry
or proceeding relating to any right provided under this Act.
SEC. 6. ENFORCEMENT.
(a) Civil Action by Affected Individuals.--
(1) Liability.--Any employer who violates section 3 or 5 of
this Act shall be liable to any individual affected--
(A) for damages equal to--
(i) the amount of--
(I) any wages, salary, employment
benefits, or other compensation denied
or lost to such individual by reason of
the violation; or
(II) in a case in which wages,
salary, employment benefits, or other
compensation has not been denied or
lost to the individual, any actual
monetary losses sustained by the
individual as a direct result of the
violation;
(ii) the interest on the amount described
in clause (i) calculated at the prevailing
rate; and
(iii) an additional amount as liquidated
damages equal to the sum of the amount
described in clause (i) and the interest
described in clause (ii), except that, in the
case of an alleged violation of section 5, if
an employer that has violated section 5 proves
to the satisfaction of the court that the act
or omission that violated section 5 was in good
faith and that the employer had reasonable
grounds for believing that the act or omission
was not a violation of section 5, such court
may, in the discretion of the court, reduce the
amount of the liability to the amount and
interest determined under clauses (i) and (ii),
respectively; and
(B) for such equitable relief as may be
appropriate, including employment, reinstatement, and
promotion.
(2) Right of action.--An action to recover the damages or
equitable relief prescribed in paragraph (1) may be maintained
against any employer in any Federal or State court of competent
jurisdiction by any 1 or more affected individuals for and on
behalf of--
(A) the individuals; or
(B) the individuals and other individuals similarly
situated.
(3) Fees and costs.--The court in such an action shall, in
addition to any judgment awarded to the plaintiff, allow a
reasonable attorney's fee, reasonable expert witness fees, and
other costs of the action to be paid by the defendant.
(4) Limitations.--The right provided by paragraph (2) to
bring an action by or on behalf of any affected individual
shall terminate--
(A) on the filing of a complaint by the Secretary
in an action under subsection (d) in which restraint is
sought of any further delay in the payment of the
amount described in paragraph (1)(A) to such individual
by an employer responsible under paragraph (1) for the
payment; or
(B) on the filing of a complaint by the Secretary
in an action under subsection (b) in which a recovery
is sought of the damages described in paragraph (1)(A)
owing to an affected individual by an employer liable
under paragraph (1),
unless the action described in subparagraph (A) or (B) is
dismissed without prejudice on motion of the Secretary.
(b) Action by the Secretary of Labor.--
(1) Administrative action.--The Secretary shall receive,
investigate, and attempt to resolve complaints of violations of
section 3 or 5 in the same manner as the Secretary receives,
investigates, and attempts to resolve complaints of violations
of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29
U.S.C. 206 and 207).
(2) Civil action.--The Secretary may bring an action in any
court of competent jurisdiction to recover the damages
described in subsection (a)(1)(A).
(3) Sums recovered.--Any sums recovered by the Secretary
pursuant to paragraph (2) shall be held in a special deposit
account and shall be paid, on order of the Secretary, directly
to each individual affected. Any such sums not paid to such an
individual because of inability to do so within a period of 3
years shall be deposited into the Treasury of the United States
as miscellaneous receipts.
(c) Limitation.--
(1) In general.--Except as provided in paragraph (2), an
action may be brought under this subsection not later than 2
years after the date of the last event constituting the alleged
violation for which the action is brought.
(2) Willful violation.--In the case of such action brought
for a willful violation of section 5, such action may be
brought within 3 years after the date of the last event
constituting the alleged violation for which such action is
brought.
(3) Commencement.--In determining when an action is
commenced by the Secretary under this subsection for the
purposes of this paragraph, it shall be considered to be
commenced on the date when the complaint is filed.
(d) Action for Injunction by Secretary.--The district courts of the
United States shall have jurisdiction, for cause shown, in an action
brought by the Secretary--
(1) to restrain violations of section 3 or 5, including the
restraint of any withholding of payment of wages, salary,
employment benefits, or other compensation, plus interest,
found by the court to be due to affected individuals; or
(2) to award such other equitable relief as may be
appropriate, including employment, reinstatement, and
promotion.
(e) Solicitor of Labor.--The Solicitor of Labor may appear for and
represent the Secretary on any litigation brought under this
subsection.
(f) Certain Public Agency Employers.--
(1) Agencies.--Notwithstanding any other provision of this
section, in the case of a public agency that employs
individuals as described in subparagraph (A) or (B) of section
3(e)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(e)(2)), paragraph (2) shall apply.
(2) Authority.--In the case described in paragraph (1), the
powers, remedies, and procedures provided in the case of a
violation of chapter 63 of title 5, United States Code, in that
title to an employing agency, in chapter 12 of that title to
the Merit Systems Protection Board, or in that title to any
person alleging a violation of chapter 63 of that title, shall
be the powers, remedies, and procedures this subsection
provides in the case of a violation of section 3 or 5 to that
agency, that Board, or any person alleging a violation of
section 3 or 5, respectively, against an employee who is such
an individual.
SEC. 7. SECRETARY OF LABOR REGULATIONS.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of Labor shall prescribe such regulations as are
necessary to carry out this Act.
SEC. 8. RELATIONSHIP TO STATE LAWS.
This Act supersedes any provision of a statute, regulation, or rule
of a State or political subdivision of a State which provides similar
protections and entitlements as provided by this Act, except to the
extent that such statute, regulation, or rule provides--
(1) greater protection to an individual than that provided
by section 3; or
(2) an entitlement to leave that exceeds that provided
under section 5.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Education and Labor, and in addition to the Committees on Oversight and Government Reform, the Judiciary, and House Administration, 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 Labor, and in addition to the Committees on Oversight and Government Reform, the Judiciary, and House Administration, 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 Labor, and in addition to the Committees on Oversight and Government Reform, the Judiciary, and House Administration, 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 Labor, and in addition to the Committees on Oversight and Government Reform, the Judiciary, and House Administration, 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 Labor, and in addition to the Committees on Oversight and Government Reform, the Judiciary, and House Administration, 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.
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Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Sponsor introductory remarks on measure. (CR E2337)
Referred to the Subcommittee on Healthy Families and Communities.
Referred to the Subcommittee on Workforce Protections.
Referred to the Subcommittee on Health, Employment, Labor, and Pensions.