Ending the Monopoly of Power Over Workplace Harassment through Education and Reporting Act

12/30/2022, 8:03 AM

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

This bill makes it an unlawful labor practice for an employer to enter into, or attempt to enforce, a contract with an employee or job applicant that contains a nondisparagement or nondisclosure clause that covers workplace or sexual harassment, including retaliation for participating in a workplace harassment proceeding. The bill exempts certain settlement or separation agreements from such prohibition.

The bill also requires the Securities and Exchange Commission to promulgate a regulation that requires any issuer of securities to submit a report for the most recent five-year period with respect to workplace and sexual harassment. The commission must provide for the development and dissemination of training programs and information regarding workplace and sexual harassment.

The bill denies a tax deduction for amounts related to judgments and expenses in connection with litigation related to workplace or sexual harassment. It also excludes from gross income, for income tax purposes, any amount received in connection with a claim or settlement related to workplace or sexual harassment, or other unlawful discrimination.

Bill 117 HR 5842, also known as the Ending the Monopoly of Power Over Workplace Harassment through Education and Reporting Act, aims to address the issue of workplace harassment by promoting education and reporting mechanisms. The bill seeks to empower employees to speak up against harassment and hold perpetrators accountable.

The key provisions of the bill include:

1. Mandatory Workplace Harassment Training: The bill requires all employers to provide regular training on workplace harassment prevention to their employees. This training will educate employees on what constitutes harassment, how to report incidents, and the consequences for perpetrators. 2. Reporting Mechanisms: The bill establishes clear and confidential reporting mechanisms for employees to report instances of harassment. Employers are required to investigate all reports promptly and take appropriate action against perpetrators. 3. Accountability Measures: The bill includes provisions to hold employers accountable for failing to address workplace harassment. Employers who do not comply with the training and reporting requirements may face fines and other penalties. 4. Support for Victims: The bill also includes provisions to provide support for victims of workplace harassment, including access to counseling services and legal assistance. Overall, Bill 117 HR 5842 aims to create a safer and more respectful work environment by empowering employees to speak up against harassment and ensuring that perpetrators are held accountable.
Congress
117

Number
HR - 5842

Introduced on
2021-11-03

# Amendments
0

Sponsors
+5

Cosponsors
+5

Variations and Revisions

11/3/2021

Status of Legislation

Bill Introduced
Introduced to House
House to Vote
Introduced to Senate
Senate to Vote

Purpose and Summary

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

This bill makes it an unlawful labor practice for an employer to enter into, or attempt to enforce, a contract with an employee or job applicant that contains a nondisparagement or nondisclosure clause that covers workplace or sexual harassment, including retaliation for participating in a workplace harassment proceeding. The bill exempts certain settlement or separation agreements from such prohibition.

The bill also requires the Securities and Exchange Commission to promulgate a regulation that requires any issuer of securities to submit a report for the most recent five-year period with respect to workplace and sexual harassment. The commission must provide for the development and dissemination of training programs and information regarding workplace and sexual harassment.

The bill denies a tax deduction for amounts related to judgments and expenses in connection with litigation related to workplace or sexual harassment. It also excludes from gross income, for income tax purposes, any amount received in connection with a claim or settlement related to workplace or sexual harassment, or other unlawful discrimination.

Bill 117 HR 5842, also known as the Ending the Monopoly of Power Over Workplace Harassment through Education and Reporting Act, aims to address the issue of workplace harassment by promoting education and reporting mechanisms. The bill seeks to empower employees to speak up against harassment and hold perpetrators accountable.

The key provisions of the bill include:

1. Mandatory Workplace Harassment Training: The bill requires all employers to provide regular training on workplace harassment prevention to their employees. This training will educate employees on what constitutes harassment, how to report incidents, and the consequences for perpetrators. 2. Reporting Mechanisms: The bill establishes clear and confidential reporting mechanisms for employees to report instances of harassment. Employers are required to investigate all reports promptly and take appropriate action against perpetrators. 3. Accountability Measures: The bill includes provisions to hold employers accountable for failing to address workplace harassment. Employers who do not comply with the training and reporting requirements may face fines and other penalties. 4. Support for Victims: The bill also includes provisions to provide support for victims of workplace harassment, including access to counseling services and legal assistance. Overall, Bill 117 HR 5842 aims to create a safer and more respectful work environment by empowering employees to speak up against harassment and ensuring that perpetrators are held accountable.
Alternative Names
Official Title as IntroducedTo 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.

Policy Areas
Labor and Employment

Comments

Recent Activity

Latest Summary12/23/2021

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

This bill makes it an unlawful labor practice for an employer to enter into, or attempt to enforce, a contract w...


Latest Action11/3/2021
Referred to the Committee on Education and Labor, and in addition to the Committees on Ways and Means, the Judiciary, House Administration, Oversight and Reform, and Financial Services, for a period to be subsequently determined by the Speaker, in ea...