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Elijah E. Cummings Federal Employee Antidiscrimination Act of 2019 This bill requires each federal agency to establish a model Equal Employment Opportunity Program that is independent of the agency's Human Capital or General Counsel office, and it establishes requirements related to complaints of discrimination and retaliation in the workplace. An agency must publish a notice of any final agency action or Equal Employment Opportunity Commission (EEOC) appellate decision involving a finding of prohibited discrimination or retaliation, and it must report certain data with respect to specified equal opportunity complaints. Each agency must establish a system to track complaints of discrimination and include a notation of any adverse action taken against an employee for discrimination or retaliation in the employee's personnel record. The EEOC must refer to the Office of Special Counsel a matter about which it issues an appellate decision involving a finding of discrimination or retaliation within a federal agency, and the Office of Special Counsel shall accept and review such referral for purposes of seeking disciplinary action. An employee who has authority to take, recommend, or approve any personnel action shall not implement or enforce a nondisclosure policy that prohibits or restricts an employee from disclosing information relating to (1) a violation of any law, rule, or regulation; (2) mismanagement, gross waste of funds, or abuse of authority; (3) a substantial and specific danger to public health or safety; or (4) any other whistle-blower protection.

Ending Secrecy About Workplace Sexual Harassment Act This bill directs every employer required to submit to the Equal Employment Opportunity Commission an Employer Information Report EEO-1 to include in such report the number of settlements reached in the resolution of claims pertaining to sex discrimination.

Paycheck Fairness Act This bill addresses wage discrimination on the basis of sex. It amends equal pay provisions of the Fair Labor Standards Act of 1938 to (1) restrict the use of the bona fide factor defense to wage discrimination claims, (2) enhance nonretaliation prohibitions, (3) make it unlawful to require an employee to sign a contract or waiver prohibiting the employee from disclosing information about the employee's wages, and (4) increase civil penalties for violations of equal pay provisions. The Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs shall train EEOC employees and other affected parties on wage discrimination. The bill directs the Department of Labor to: (1) establish and carry out a grant program for negotiation skills training for girls and women, (2) conduct studies to eliminate pay disparities between men and women, and (3) make available information on wage discrimination to assist the public in understanding and addressing such discrimination. The Secretary of Labor's National Award for Pay Equity in the Workplace is established for an employer who has made a substantial effort to eliminate pay disparities between men and women. The bill requires the EEOC to issue regulations for collecting from employers compensation and other employment data according to the sex, race, and national origin of employees for use in enforcing laws prohibiting pay discrimination.

Ending the Monopoly of Power Over Workplace harassment through Education and Reporting Act or the EMPOWER Act This bill addresses policies and procedures related to claims of workplace harassment. Specifically, the bill makes it an unlawful practice (with exceptions regarding certain settlement or separation agreements) for an employer to (1) enter into a contract with an employee or applicant, as a condition of employment, promotion, compensation, benefits, or change in employment status or contractual relationship, if that contract contains a nondisparagement or nondisclosure clause that covers workplace harassment; and (2) enforce, or attempt to enforce, a nondisparagement clause or nondisclosure clause that covers workplace harassment. Under the bill, an employee or applicant retains any right they would otherwise have had to report a concern about workplace harassment to the Equal Employment Opportunity Commission (EEOC) and other specified agencies, regardless of whether they have signed a nondisparagement or nondisclosure clause. Employees or applicants also retain the right to pursue legal action regardless of signing such clauses. The bill sets forth (1) enforcement powers of the EEOC and other entities, and the jurisdiction of U.S. courts, regarding workplace harassment; and (2) the applicable procedures and remedies for employees' claims. The EEOC must (1) establish a confidential tip-line that supplements its process for submitting a charge of discrimination, and (2) provide for the development and dissemination of workplace training programs and information regarding workplace harassment. The bill modifies the tax treatment of expenses and payments related to workplace harassment and employment discrimination.

Ending the Monopoly of Power Over Workplaceharassment through Education and Reporting Act-Part I or the EMPOWER Act-Part I This bill prohibits the use of nondisparagement and nondisclosure clauses that cover workplace harassment in employment contracts and directs the Equal Employment Opportunity Commission (EEOC) to take certain actions related to workplace harassment. Specifically, the bill prohibits the use of nondisparagement and nondisclosure clauses in employment contracts if such clauses cover workplace harassment, including sexual harassment or retaliation for reporting harassment. It also prohibits the enforcement or attempted enforcement of such clauses. Notwithstanding signing any nondisparagement or nondisclosure clause, an employee or applicant retains any right that person would otherwise have had to report a concern about workplace harassment to the EEOC and other specified agencies and any right that person would otherwise have had to bring an action in a court of the United States. Additionally, the bill prohibits state immunity under the Eleventh Amendment to the Constitution from an action in a federal court for a violation related to workplace harassment. The bill also directs the EEOC to (1) establish a confidential tip line that supplements its existing process for submitting a charge of discrimination; and (2) disseminate workplace training programs and information regarding workplace harassment, including sexual harassment.

Paycheck Fairness Act This bill addresses wage discrimination on the basis of sex. It amends equal pay provisions of the Fair Labor Standards Act of 1938 to (1) restrict the use of the bona fide factor defense to wage discrimination claims, (2) enhance nonretaliation prohibitions, (3) make it unlawful to require an employee to sign a contract or waiver prohibiting the employee from disclosing information about the employee's wages, and (4) increase civil penalties for violations of equal pay provisions. The Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs shall train EEOC employees and other affected parties on wage discrimination. The bill directs the Department of Labor to (1) establish and carry out a grant program for negotiation skills training programs to address pay disparities, including through outreach to women and girls; (2) conduct studies to eliminate pay disparities between men and women; (3) report on the gender pay gap in the teenage labor workforce; and (4) make available information on wage discrimination to assist the public in understanding and addressing such discrimination. The Secretary of Labor's National Award for Pay Equity in the Workplace is established for an employer who has made a substantial effort to eliminate pay disparities between men and women. The bill requires the EEOC to issue regulations for collecting from employers compensation and other employment data according to the sex, race, and ethnic identity of employees for use in enforcing laws prohibiting pay discrimination. The Bureau of Labor Statistics shall continue collecting data on women workers in the Current Employment Statistics survey. The bill sets forth prohibitions and requirements regarding the wage history of prospective employees.

Protecting Older Workers Against Discrimination Act (Sec. 2) This bill amends the Age Discrimination in Employment Act of 1967 to establish as an unlawful employment practice that age or participation in investigations, proceedings, or litigation under such Act were a motivating factor for any unlawful employment practice, even though other factors also motivated the practice (thereby allowing what are commonly known asmixed motiveclaims). The bill (1) permits a complaining party to rely on any type or form of admissible evidence, which need only be sufficient for a reasonable trier of fact to find that an unlawful practice occurred; and (2) declares that a complaining party shall not be required to demonstrate that age or retaliation was the sole cause of the employment practice (thereby rejecting the Supreme Court's decision inGross v. FBL Financial Services, Inc., which requires a complainant to prove that age was thebut-forcause for the employer's decision). The bill authorizes a court to grant declaratory and injunctive relief, but prohibits a court from awarding damages or issuing an order requiring any admission, reinstatement, hiring, promotion, or payment. The bill applies the same standard of proof to other employment discrimination and retaliation claims, including claims under the Civil Rights Act of 1964, the Americans With Disabilities Act of 1990, and the Rehabilitation Act of 1973. (Sec. 5) The Government Accountability Office shall report on how the Equal Employment Opportunity Commission (EEOC) investigates mixed motive age discrimination claims arising under all such Acts amended by this bill. (Sec. 6) The Department of Labor and the EEOC shall jointly conduct a study to determine the number of claims pending or filed, in addition to cases closed, by women who may have been adversely impacted by age discrimination as a motivating factor in workplace discrimination or employment termination. (Sec. 7). The EEOC, for a five-year period, shall submit to Congress a report at one-year intervals on the number of age discrimination in employment claims brought under this bill. (Sec. 8) The EEOC shall report on the status of federal mixed motive age discrimination in employment claims made against federal agencies.

This resolution (1) recognizes the increase in educational opportunities, including in sports, for women and girls since the passage of title IX of the Education Amendments of 1972; and (2) encourages the Department of Education and Department of Justice to ensure that students have a safe learning environment by working to ensure schools prevent and respond to discrimination and harassment on the basis of sex.

This resolution (1) recognizes the increase in educational opportunities, including in sports, for women and girls since the passage of title IX of the Education Amendments of 1972; and (2) encourages the Department of Education and Department of Justice to ensure that students have a safe learning environment by working to ensure that schools prevent and respond to discrimination and harassment on the basis of sex.

Opportunities for Heroes Act of 2020 This bill establishes the Essential Employment Commission and directs the commission to publish a list of types of employment that are essential during the COVID-19 (i.e., coronavirus disease 2019) crisis. The bill provides essential workers with student loan relief of up to $25,000, and an education credit of up to $25,000. These benefits may be applied to an essential worker's spouse or children.

This concurrent resolution recognizes the disparity in wages paid to Black women and its impact on women, families, and the nation, and reaffirms Congress' support for ensuring equal pay and closing the gender wage gap.

Equal Opportunity First Amendment Act This bill requires states and local governments to enforce orders limiting public gatherings under emergency declarations equally. Specifically, the bill (1) prohibits states and units of local government that issue orders that limit gatherings to a certain number of people pursuant to a national emergency or similar state emergency declaration from discriminating in the enforcement of such order, in the case of persons who are exercising a right protected under the First Amendment; and (2) authorizes a private right of action in U.S. district court by a person who is harmed by a violation of this provision.

Fair Employment Protection Act of 2019 This bill sets forth employer liability standards to be applied in employee harassment claims under specified provisions of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, the Revised Statutes, the Genetic Information Nondiscrimination Act of 2008, the Government Employee Rights Act of 1991, employment discrimination laws relating to certain executive branch employees, and the Congressional Accountability Act of 1995. The bill declares that employers under such Acts are liable for the acts of any individual whose harassment of an employee created or continued an unlawful hostile work environment if, at the time of the harassment (1) 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 (2) the negligence of the employer led to the creation or continuation of that hostile work environment, otherwise modifying the liability standards provided by the Supreme Court inVance v. Ball State University, which limited the category of supervisors for whom an employer may be held vicariously liable to those individuals who have authority to take tangible employment actions.

Fair Employment Protection Act of 2019 This bill sets forth employer liability standards to be applied in employee harassment claims under specified provisions of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, the Revised Statutes, the Genetic Information Nondiscrimination Act of 2008, the Government Employee Rights Act of 1991, employment discrimination laws relating to certain executive branch employees, and the Congressional Accountability Act of 1995. The bill declares that employers under such Acts are liable for the acts of any individual whose harassment of an employee created or continued an unlawful hostile work environment if, at the time of the harassment (1) 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 (2) the negligence of the employer led to the creation or continuation of that hostile work environment, otherwise modifying the liability standards provided by the Supreme Court inVance v. Ball State University, which limited the category of supervisors for whom an employer may be held vicariously liable to those individuals who have authority to take tangible employment actions.

Equal Employment for All Act of 2019 This bill prohibits a consumer reporting agency from furnishing an employer with a consumer credit report containing information on the consumer's creditworthiness, credit standing, or credit capacity if the employer intends to use that information for any decision made for employment purposes. An employer may use such a report in either an employment decision or before taking an adverse employment action with the consumer's authorization under certain circumstances. Specifically, a report may be used if the consumer applies for or holds employment that requires eligibility for access to classified information or such use is otherwise required by law. An employer who has sought such a report may neither deny employment to nor make any other employment decision about a consumer because the consumer has not authorized the employer's procurement of the report.