Sec. 435. Formal policy on sexual assault and harassment on air carriers
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/bill/118/hr/3935/eas/section-435·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 180 days after the date of enactment of this Act, passenger air carriers operating under part 121 of title 14, Code of Federal Regulations, shall issue, in consultation with labor unions representing personnel, a formal policy with respect to sexual assault or harassment incidents. Each policy required under subsection
(a)shall include— a statement indicating that no sexual assault or harassment incident is acceptable under any circumstance; procedures that facilitate the reporting of a sexual assault or harassment incident, including— appropriate public outreach activities; and confidential phone and internet-based opportunities for reporting; procedures that personnel should follow upon the reporting of a sexual assault or harassment incident, including actions to protect affected individuals from continued sexual assault or harassment and to notify law enforcement, including the Federal Bureau of Investigation, when appropriate; procedures that may limit or prohibit, to the extent practicable, future travel with the air carrier by any passenger who commits a sexual assault or harassment incident; and training that is required for all appropriate personnel with respect to each such policy, including specific training for personnel who may receive reports of sexual assault or harassment incidents. An air carrier described in subsection
(a)shall display, on the website of the air carrier and through the use of appropriate signage, a written statement that informs passengers and personnel of the procedure for reporting a sexual assault or harassment incident. Compliance with the requirements of this section, and any policy issued thereunder, shall not determine whether the air carrier described in subsection
(a)has acted with any requisite standard of care. Nothing in this section shall be construed as granting the Secretary any additional authorities beyond ensuring that a passenger air carrier operating under part 121 of title 14, Code of Federal Regulations issues a formal policy and displays required information in compliance with this section. Nothing in this section shall be construed to alter existing authorities of the Equal Employment Opportunity Commission, the Department of Labor, or the Department of Justice to enforce applicable employment and sexual assault and sexual harassment laws. In this section: The term personnel means an employee or contractor of passenger air carrier operating under part 121 of title 14, Code of Federal Regulations. The term sexual assault means the occurrence of an act that constitutes any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent. The term sexual assault or harassment incident means the occurrence, or reasonably suspected occurrence, of an act that— constitutes sexual assault or sexual harassment; and is committed— by a passenger or personnel against another passenger or personnel; and within an aircraft or in an area in which passengers are entering or exiting an aircraft.