Sec. 6. Amendment to the Rehabilitation Act
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Section 501 of the Rehabilitation Act of 1973 ( 29 U.S.C. 791 ) is amended by adding at the end the following: Subject to section 12 of the Fair Employment Protection Act of 2014 , each department, agency, and instrumentality in the executive branch of Government and the Smithsonian Institution shall be liable for the acts of any individual within such department, agency, instrumentality, or the Smithsonian Institution whose harassment of an individual with a disability has created or continued a hostile work environment, or a retaliatory hostile work environment, that constitutes nonaffirmative action employment discrimination under this section if, at the time of the harassment— such individual was authorized by that department, agency, instrumentality, or the Smithsonian Institution— to undertake or recommend tangible employment actions affecting the individual with a disability; or to direct the daily work activities of the individual with a disability; or the negligence of that department, agency, instrumentality, or the Smithsonian Institution led to the creation or continuation of that hostile work environment or retaliatory hostile work environment. .
Section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ) is amended by adding at the end the following: Subject to section 12 of the Fair Employment Protection Act of 2014 , an employer described under subsection
(b)shall be liable for the acts of any individual whose harassment of a qualified individual with a disability has created or continued a hostile work environment, or a retaliatory hostile work environment, that constitutes employment discrimination under this section if, at the time of the harassment— such individual was authorized by such employer— to undertake or recommend tangible employment actions affecting the qualified individual with a disability; or to direct the daily work activities of the qualified individual with a disability; or the negligence of such employer led to the creation or continuation of that hostile work environment or retaliatory hostile work environment. . Section 505 of the Rehabilitation Act ( 29 U.S.C. 794a ) is amended by adding at the end of subsection
(a)the following: Sections 501(h) and 504(e) shall apply to hostile work environment claims and retaliatory hostile work environment claims under this section. .
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