Democratic Women’s Caucus Leadership Champions Introduction of the EMPOWER Act

Washington, DC, November 3, 2021
CONTACT: Michelle Moreno-Silva
Today, Democratic Women’s Caucus (DWC) Co-Chairs Congresswomen Lois Frankel (FL-21), Brenda Lawrence (MI-14), and Jackie Speier (CA-14), and Vice Chairs Congresswomen Veronica Escobar (TX-16) and Sylvia Garcia (TX-29) issued the following statement on the Ending the Monopoly of Power Over Workplace Harassment Through Education and Reporting (EMPOWER) Act, which was introduced by DWC Co-Chair Frankel, and DWC Members Congresswomen Lisa Blunt Rochester (DE-DEL) and Lauren Underwood (IL-14), as well as Congressmen John Katko (NY-24), Brian Fitzpatrick (PA-01), and Jerrold Nadler (NY-10). A companion bill, which was originally led by then-Senator Kamala Harris, will be introduced by Senator Mazie Hirono (D-HI).
This bipartisan, bicameral legislation will lift the veil of secrecy surrounding workplace harassment, and bolster transparency and accountability in workspaces.
“For far too long, there has been a culture of silence regarding harassment in the workplace, preventing women from coming forward with their stories of workplace misconduct,” said DWC Leadership. “The EMPOWER Act serves as a step forward to create workplaces that are inclusive and respectful by ensuring employees have the tools to speak up against abusive behavior, and that employers are held accountable for their actions.”
Specifically, the EMPOWER Act:
  • Prohibits non-disparagement and non-disclosure agreements (NDAs) that cover workplace harassment as a condition of employment, promotion, compensation, benefits, or change in employment status or contractual relationship;
  • Requires that public companies disclose the number of settlements, judgments, and aggregate settlement amounts in connection with workplace harassment in their annual SEC filings;
  • Prohibits companies from receiving tax deductions for expenses and attorneys’ fees paid in connection with litigation related to workplace harassment; prohibits tax deductions for amounts paid pursuant to judgments related to workplace harassment;
  • Protects plaintiffs’ awards and settlements received in connection with workplace harassment as nontaxable income; and ensures that plaintiffs who receive front pay or backpay as a result of harassment and discrimination are not taxed unjustly;
  • And requires development and dissemination of workplace training programs at the EEOC to educate at all levels about how to foster safe and respectful workplaces and ensure employees understand their workplace rights and how to identify and report inappropriate behavior.
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