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HOUSE 1521116th CongressReferred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

EMPOWER Act

Last Action
4/8/2019

Actions

  • 2019-04-08Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
  • 2019-03-05Referred to the Committee on Education and Labor, and in addition to the Committees on Ways and Means, Financial Services, House Administration, Oversight and 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.
  • 2019-03-05Referred to the Committee on Education and Labor, and in addition to the Committees on Ways and Means, Financial Services, House Administration, Oversight and 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.
  • 2019-03-05Referred to the Committee on Education and Labor, and in addition to the Committees on Ways and Means, Financial Services, House Administration, Oversight and 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.
  • 2019-03-05Referred to the Committee on Education and Labor, and in addition to the Committees on Ways and Means, Financial Services, House Administration, Oversight and 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.
  • 2019-03-05Referred to the Committee on Education and Labor, and in addition to the Committees on Ways and Means, Financial Services, House Administration, Oversight and 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.
  • 2019-03-05Referred to the Committee on Education and Labor, and in addition to the Committees on Ways and Means, Financial Services, House Administration, Oversight and 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.
  • 2019-03-05Introduced in House
  • 2019-03-05Introduced in House

CRS Summary

As of 2019-03-05 (00)

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

This bill addresses policies and procedures related to claims of workplace harassment.

Specifically, the 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, 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 that covers workplace harassment.

Under the bill, an employee or applicant retains any right they would otherwise have had to report a concern about workplace harassment to the Equal Employment Opportunity Commission (EEOC) and other specified agencies, regardless of whether they have signed a nondisparagement or nondisclosure clause. Employees or applicants also retain the right to pursue legal action regardless of signing such clauses.

The bill sets forth (1) enforcement powers of the EEOC and other entities, and the jurisdiction of U.S. courts, regarding workplace harassment; and (2) the applicable procedures and remedies for employees' claims.

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

The bill modifies the tax treatment of expenses and payments related to workplace harassment and employment discrimination.

Cosponsors (20)

  • John Katko (R-NY)
  • JERROLD NADLER (D-NY)
  • Brian Fitzpatrick (R-PA)
  • Lisa Blunt Rochester (D-DE)
  • Lauren Underwood (D-IL)
  • Elise Stefanik (R-NY)
  • Gwen Moore (D-WI)
  • Jenniffer Gonzalez-Colon (R-PR)
  • Jackie Speier (D-CA)
  • Debbie Wasserman Schultz (D-FL)
  • Susan Wild (D-PA)
  • Debbie Dingell (D-MI)
  • Debra Haaland (D-NM)
  • Ann Kuster (D-NH)
  • Mark DeSaulnier (D-CA)
  • SUSAN DAVIS (D-CA)
  • Yvette Clarke (D-NY)
  • Grace Meng (D-NY)
  • Frederica Wilson (D-FL)
  • LUCILLE ROYBAL-ALLARD (D-CA)

Subjects

  • Administrative law and regulatory procedures
  • Administrative remedies
  • Assault and harassment offenses
  • Civil actions and liability
  • Congressional officers and employees
  • Contracts and agency
  • Corporate finance and management
  • Crime victims
  • Employment and training programs
  • Employment discrimination and employee rights
  • Equal Employment Opportunity Commission (EEOC)
  • Government employee pay, benefits, personnel management
  • Government information and archives
  • Government liability
  • Income tax deductions
  • Income tax exclusion
  • Labor-management relations
  • Legal fees and court costs
  • Library of Congress
Read on Congress.gov

Sourced from Congress.gov (public domain).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.