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S. 3089 (114th): Fair Employment Protection Act of 2016

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Jun 23, 2016.


Fair Employment Protection Act of 2016

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, 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 has 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 (thus modifies the liability standards provided by the Supreme Court in Vance 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).