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SENATE 575116th CongressRead twice and referred to the Committee on Health, Education, Labor, and Pensions.

EMPOWER Act—Part 1

Last Action
2/27/2019

CRS Summary

As of 2019-02-27 (00)

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.

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
  • Government studies and investigations
  • Labor-management relations
  • Library of Congress
  • Marketing and advertising
  • Merit Systems Protection Board
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.