Sec. 5. Amendment to the Americans With Disabilities Act of 1990
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Section 102 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12112 ) is amended by adding at the end the following: Subject to section 12 of the Fair Employment Protection Act of 2017 , an employer shall be liable for the acts of any individual whose harassment of an employee has created or continued a hostile work environment that constitutes discrimination against a qualified individual on the basis of disability under this section if, at the time of the harassment— such individual was authorized by the employer— to undertake or recommend tangible employment actions affecting the qualified individual; or to direct the qualified individual's daily work activities; or the negligence of the employer led to the creation or continuation of that hostile work environment. .
Section 503 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12203 ) is amended— by redesignating subsection
(c)as subsection (d); by inserting after subsection
(b)the following: Subject to section 12 of the Fair Employment Protection Act of 2017 , an employer shall be liable for the acts of any individual whose harassment of an employee has created or continued a retaliatory hostile work environment that constitutes retaliatory discrimination, as described in subsection (a), or the carrying out of any unlawful acts described in subsection (b), if, at the time of the harassment— such individual was authorized by the employer— to undertake or recommend tangible employment actions affecting the employee; or to direct the employee's daily work activities; or the negligence of the employer led to the creation or continuation of that retaliatory hostile work environment. ; and in subsection (d), as redesignated by paragraph (1), by striking subsections
(a)and
(b)and inserting subsections (a), (b), and
(c).
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