Sec. 301. Amendment to VAWA
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The Violence Against Women Act, as amended by section 101, is further amended by adding at the end the following: This subtitle may be cited as the . Victims’ Employment Sustainability Act 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), and a public agency shall not deny, reduce, or terminate the benefits of, otherwise sanction, or harass any individual, or otherwise discriminate against any individual with respect to the amount, terms, or conditions of public assistance of the individual (including retaliation in any form or manner), because— 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; 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; 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 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.
In this section: The term discriminate , used with respect to the terms, conditions, or privileges of employment or with respect to the terms or conditions of public assistance, includes failing to implement, on request from an individual, in response to actual or threatened domestic violence, dating violence, sexual assault, or stalking, 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 or public agency can demonstrate that granting the request would impose an undue hardship on the operation of the employer or public agency.
The term undue hardship means an action requiring significant difficulty or expense. Any employer that violates section 41802 shall be liable to any individual affected for— damages equal to the amount of wages, salary, employment benefits, or other compensation denied or lost to such individual by reason of the violation, and the interest on that amount calculated at the prevailing rate; compensatory damages, including damages for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment or life, and other nonpecuniary losses; such punitive damages, up to 3 times the amount of actual damages sustained, as the court described in paragraph
(2)shall determine to be appropriate; and such equitable relief as may be appropriate, including employment, reinstatement, and promotion. 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 one or more individuals described in section 41802. The Attorney General may bring a civil action in any Federal or State court of competent jurisdiction to recover the damages or equitable relief described in subsection (a)(1). Notwithstanding any other provision of this section, in the case of the Library of Congress, the authority of the Secretary under this section shall be exercised by the Librarian of Congress. Notwithstanding any other provision of this subsection, 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)) (other than an entity of the legislative branch of the Federal Government), paragraph
(2)shall apply. In the case described in subparagraph (A), the powers, remedies, and procedures provided (in the case of a violation of section 2302(b)(1)(A) of title 5, United States Code) in title 5, United States Code, to an employing agency, the Office of Special Counsel, the Merit Systems Protection Board, or any person alleging a violation of such section 2302(b)(1)(A), shall be the powers, remedies, and procedures this section provides in the case of a violation of section 41802 to that agency, that Office, that Board, or any person alleging a violation of section 41802, respectively, against an employee who is such an individual. Consistent with regulations prescribed under section 41805(d), the President shall ensure that any public agency that violates section 41802(a) by taking an action prohibited under section 41802(a) against any individual with respect to the amount, terms, or conditions of public assistance, shall provide to any individual who receives a less favorable amount, term, or condition of public assistance as a result of the violation— the amount of any public assistance denied or lost to such individual by reason of the violation; and the interest on the amount described in clause
(i)calculated at the prevailing rate; and such equitable relief as may be appropriate. Except as provided in subsections (b), (c), and (d), the Secretary shall issue regulations to carry out this title. The Librarian of Congress shall prescribe the regulations described in subsection
(a)with respect to employees of the Library of Congress. The regulations prescribed under this subsection shall, to the extent appropriate, be consistent with the regulations prescribed by the Secretary under subsection (a). The Office of Personnel Management, after consultation under the Office of Special Counsel and the Merit Systems Protection Board, shall prescribe the regulations described in subsection
(a)with respect to individuals 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)) (other than an individual employed by an entity of the legislative branch of the Federal Government). The regulations prescribed under this subsection shall, to the extent appropriate, be consistent with the regulations prescribed by the Secretary under subsection (a). The President shall prescribe the regulations described in subsection
(a)with respect to public agencies providing public assistance as described in section 41803(e), including violations of section 41802(a) by such agencies. The regulations prescribed under this subsection shall, to the extent appropriate, be consistent with the regulations prescribed by the Secretary under subsection (a). .
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