Sec. 104. Confidential tip-line addressing employers with widespread and systemic workplace harassment
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Not later than 1 year after the date of enactment of this Act, the Commission shall establish a confidential tip-line that supplements the Commission’s existing process for submitting a Charge of Discrimination, and that has the characteristics described in paragraph (2), to— receive, log, and acknowledge the receipt of reports by employees, applicants, bystanders, or other individuals who attest that they have experienced or witnessed workplace harassment, including sexual assault and other forms of sexual harassment; provide informational materials to reporting individuals described in subparagraph (A); and make available reports described in subparagraph
(A)to— the Commission; and Commission-approved fair employment practices agencies for potential investigation. The Commission shall ensure that the tip-line established under this section will— explicitly notify reporting individuals that the tip-line does not allow anonymous reporting, but does allow the submission of confidential reports, independent of a Charge of Discrimination or a Federal or State administrative complaint, by those employees or applicants who have experienced workplace harassment, including sexual assault and other forms of sexual harassment, and by those employees, applicants, bystanders, or other individuals who have witnessed such conduct; provide an option for reporting individuals to make a report that would not identify individual employees, but would identify the entity, employer, division, or subdivision responsible for the workplace harassment, including sexual assault and other forms of sexual harassment; educate reporting individuals about how to preserve the right to make any reports, complaints, or charges that the individuals would otherwise have been eligible to make, independent of any report to the tip-line, including— the right of the reporting individual to file a Charge of Discrimination that will result in the Commission or a Commission-approved fair employment practices agency taking action (and the risk of losing that right if the reporting individual fails to file a timely Charge of Discrimination); and a clear explanation of any deadlines or limitations periods; instruct reporting individuals about how to file a Charge of Discrimination with the Commission and encourage reporting individuals to file a Charge of Discrimination in order to allow the Commission to more effectively investigate the workplace harassment; emphasize that reports to the confidential tip-line— will not prompt individualized investigations, except in the limited circumstances described in clause (ii), subparagraph (I), and subsection (b), and such investigations will fully comport with applicable due process requirements; will be monitored by the Commission and Commission-approved fair employment practices agencies to identify trends and determine whether investigations should be undertaken, for instance, when the Commission has received multiple complaints regarding a particular employer or there is evidence of a broader pattern or practice of workplace harassment; shall not be discoverable in civil cases, unless the reporting individual waives the confidentiality of the submitted reports; and shall not be shared with other Federal agencies; engage fair employment practices agencies at the State and local level to apply and be thoroughly vetted and reviewed for approved access to the confidential tip-line; share information from the tip-line, including information on opened investigations, only between and among participating approved fair employment practices agencies and the Commission to facilitate coordination and avoid conflicts in investigations and resolutions; offer an option to each reporting individual, at the time of reporting, to elect to be informed, to the extent practicable, if the individual's report leads to an investigation, so that the reporting individual may choose to provide further information or participate in any resulting investigation; and protect the identity of individuals making reports and employers by making such reports confidential within the tip-line and only available to the Commission and Commission-approved fair employment practices agencies, and require that information obtained can be used only for the purpose of investigation related to the submitted complaint or complaints, in full compliance with applicable due process requirements. In the event that a member of the Commission determines that information received from the tip-line warrants an investigation, the member may initiate an investigation by filing a Charge of Discrimination in accordance with section 706 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–5 ). The Commission shall disseminate information and educate the public about the tip-line established under this section. It shall be unlawful to engage in any unlawful employment practice described in section 704 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–3 ) with respect to the tip-line under this section, including contacting or making threats to contact law enforcement authorities, such as the police, immigration officials, or other officials, with respect to an employee or applicant because that employee or applicant has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding or hearing under this section. It shall be unlawful for any officer or employee of the Commission, or any Commission-approved fair employment practices agencies, to make public in any manner whatever any information obtained by the Commission pursuant to its authority under this section, prior to institution of any proceeding under section 706 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–5 ), except that the Commission, or any Commission-approved fair employment practices agency, shall offer information to reporting individuals in accordance with this section. The enforcement provisions described in section 4(d) shall apply in the same manner to the enforcement of a violation described in paragraph
(1)or (2). This section shall first take effect on the first day of the first fiscal year for which $1,500,000 is appropriated to carry out this section. The Commission shall not be required to implement this section in any fiscal year for which less than $1,000,000 is appropriated to carry out this section.
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- 42 USC 2000e–5
- 42 USC 2000e–3
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Sec. 104
Confidential tip-line addressing employers with widespread and systemic workplace harassment
Cite42 USC 2000e–5
Cite42 USC 2000e–3
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