Sec. 206. Supervisor liability

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Section 703 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2 ), as amended by 204(c)(1), is further amended by adding at the end the following: Subject to section 206(j) of the BE HEARD in the Workplace Act , 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 an unlawful employment practice under this section if, at the time of the harassment— such individual was authorized by that 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 hostile work environment. .

Section 704 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–3 ), as amended by section 201(a)(3), is further amended— by redesignating subsection

(b)as subsection (c); and by inserting after subsection

(a)the following: Subject to section 206(j) of the BE HEARD in the Workplace Act , 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 an unlawful employment practice as described under subsection

(a)if, at the time of the harassment— such individual was authorized by that 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. . Section 717 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16 ), as amended by section 205(e)(1), is further amended by adding at the end the following: The provisions of sections 703(p) and 704(b) shall apply to hostile work environment claims and retaliatory hostile work environment claims, respectively, under this section. . Section 4 of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 623 ), as amended by section 204(c)(4), is further amended by adding at the end the following: Subject to section 206(j) of the BE HEARD in the Workplace Act , 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 is unlawful under this section if, at the time of the harassment— such individual was authorized by that 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 hostile work environment. . Section 4(d)(1) of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 623(d)(1) ), as amended by section 205(c)(2), is further amended by striking or litigation under this Act. and inserting “or litigation under this Act. Subject to section 206(j) of the BE HEARD in the Workplace Act , 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 is unlawful under this subsection if, at the time of the harassment— such individual was authorized by that 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. . Section 15 of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 633a ), as amended by section 205(e)(3), is further amended by adding at the end the following: Subsections

(d)and

(o)of section 4 shall apply to retaliatory hostile work environment claims and hostile work environment claims, respectively, under this section. . Section 102 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12112 ), as amended by section 205(b)(2), is further amended by adding at the end the following: Subject to section 206(j) of the BE HEARD in the Workplace Act , 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 206(j) of the BE HEARD in the Workplace Act , 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 subparagraph (A), by striking subsections

(a)and

(b)and inserting subsections (a), (b), and

(c). 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 206(j) of the BE HEARD in the Workplace Act , 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 206(j) of the BE HEARD in the Workplace Act , 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 of 1973 ( 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. . Section 1977 of the Revised Statutes ( 42 U.S.C. 1981 ) is amended by adding at the end the following: Subject to section 206(j) of the BE HEARD in the Workplace Act , a nongovernmental employer shall be liable for the acts of any individual whose harassment of an employee has created a hostile work environment or a retaliatory hostile work environment, constituting an unlawful employment practice, 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 hostile work environment or retaliatory hostile work environment. . Section 202 of the Genetic Information Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff–1 ), as amended by sections 204(c)(5) and 205(b)(4), is further amended by adding at the end the following: Subject to section 206(j) of the BE HEARD in the Workplace Act , 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 an unlawful employment practice 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 employee; or to direct the employee’s daily work activities; or the negligence of the employer led to the creation or continuation of that hostile work environment. . Section 207(f)(1) of the Genetic Information Nondiscrimination Act ( 42 U.S.C. 2000ff–6(f)(1) ), as amended by section 205(c)(2), is further amended by striking violations of this subsection. and inserting “violations of this subsection. Subject to section 206(j) of the BE HEARD in the Workplace Act , 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 discrimination under this subsection 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. . Section 302 of the Government Employee Rights Act of 1991 ( 42 U.S.C. 2000e–16b ) is amended by adding at the end the following: Subject to section 206(j) of the BE HEARD in the Workplace Act , an employer of an individual described under section 304(a) shall be liable for the acts of any individual whose harassment of a State employee described in section 304 has created or continued a hostile work environment or a retaliatory hostile work environment constituting 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 employee; or to direct the employee’s daily work activities; or the negligence of the employer led to the creation or continuation of that hostile work environment or retaliatory hostile work environment. . Section 411 of title 3, United States Code, is amended— by redesignating subsections

(c)through

(f)as subsections

(d)through (g), respectively; by inserting after subsection

(b)the following: Subject to section 206(j) of the BE HEARD in the Workplace Act , an employing office shall be liable for the acts of any individual whose harassment of a covered employee has created or continued a hostile work environment or a retaliatory hostile work environment constituting discrimination under this section if, at the time of the harassment— such individual was authorized by the employing office— to undertake or recommend tangible employment actions affecting the covered employee; or to direct the covered employee’s daily work activities; or the negligence of the employing office led to the creation or continuation of that hostile work environment or retaliatory hostile work environment. ; and in subsection (f), as redesignated by paragraph (1), by striking subsections

(a)through

(c)and inserting subsections

(a)through (d). . Section 201 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1311 ), as amended by section 302(a) of the Congressional Accountability Act of 1995 Reform Act, is further amended— by striking subsection (e); and by adding at the end the following: Subject to section 206(j) of the BE HEARD in the Workplace Act , an employing office shall be liable for the acts of any individual whose harassment of a covered employee has created or continued a hostile work environment or a retaliatory hostile work environment that constitutes discrimination under this section if, at the time of the harassment— such individual was authorized by the employing office— to undertake or recommend tangible employment actions affecting the covered employee; or to direct the covered employee’s daily work activities; or the negligence of the employing office led to the creation or continuation of that hostile work environment or retaliatory hostile work environment. . Nothing in this section shall be construed to limit the availability of, or access to, defenses available under the law. This section, and the amendments made by this section, shall apply to all claims pending on or after the date of enactment of this Act.

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