text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Sexual Harassment Prevention Act of 
  1993''.
  
  SEC. 2. FINDINGS AND PURPOSES.
  
      (a) Findings.--The Congress finds the following:
              (1) Sexual harassment in employment persists widely in the 
          workplace, although it violates title VII of the Civil Rights 
          Act of 1964 and adversely affects employees.
              (2) According to guidelines issued by the Equal Employment 
          Opportunity Commission in 1980, the most effective tool for 
          eliminating sexual harassment is prevention.
              (3) The United States Merit Systems Protection Board found 
          in 1981 and 1988 surveys of Federal Government employees that 
          42 percent of female employees and 14 percent of male employees 
          questioned had experienced some kind of harassment in 
          employment. The American Psychological Association estimates 
          that at least \1/2\ of all working women have been sexually 
          harassed at the workplace during their careers.
              (4) The vast majority of sexual harassment episodes go 
          unreported to a supervisory employee or other individual 
          designated by the employer. Only 5 percent of the Government 
          employees who indicated in the 1988 Merit Systems Protection 
          Board survey that they had been harassed filed a formal 
          complaint or requested an investigation of the harassment.
              (5) Sexual harassment has a significant cost for employees 
          and employers. A 1988 study by Working Woman Magazine shows 
          that sexual harassment costs a typical ``Fortune 500'' employer 
          $6,000,000, or $292.53 per employee, each year. The same study 
          estimates that it is 34 times more expensive for such an 
          employer to ignore the problem than it is to establish 
          effective programs and policies to address the problem.
              (6) Most job growth over the next decade is expected to 
          occur in employment by small employers. Sixty-six percent of 
          the individuals who will enter the work force during this 
          period are expected to be female. The establishment of programs 
          and policies in small-business environments, at a low cost to 
          employers, will be a key prevention priority to reduce sexual 
          harassment in employment.
      (b) Purposes.--The purposes of this Act are--
              (1) to establish workplace requirements that will reduce 
          the incidence of sexual harassment in employment,
              (2) to provide a low-cost system to assist employers to 
          establish programs and policies to prevent sexual harassment in 
          employment,
              (3) to raise the awareness of employees of the definition 
          of sexual harassment and of available avenues of redress, and
              (4) to increase the authority and capacity of the Equal 
          Employment Opportunity Commission to assist in preventing 
          sexual harassment in employment.
  
  SEC. 3. EMPLOYER REQUIREMENTS.
  
      (a) Posting of Notice in the Workplace.--Each employer shall post 
  and keep posted in conspicuous places upon its premises where notices 
  to employees and applicants for employment are customarily posted, a 
  notice that shall be prepared or approved by the Commission and shall 
  set forth--
              (1) the definition of sexual harassment found in section 
          1604.11(a) of title 29 of the Code of Federal Regulations (July 
          1, 1992),
              (2) the fact that sexual harassment in employment is a 
          violation of title VII of the Civil Rights Act of 1964,
              (3) information describing how to file with the Commission 
          a complaint alleging such harassment, including information on 
          the time periods within which an alleged victim of 
          discrimination (including sexual harassment) must file a charge 
          with the Equal Employment Opportunity Commission, or a State or 
          local fair employment agency, in order to satisfy the statute 
          of limitations applicable to claims under title VII,
              (4) an address, and the toll-free telephone number, to be 
          used to contact the Commission regarding such harassment or 
          compliance with the requirements of this Act, and
              (5) such other information as the Commission may require.
      (b) Separate Notice to Individual Employees.--Each employer shall 
  provide annually to each employee separately a written notice that 
  includes--
              (1) the matters specified in paragraphs (1) through (4) of 
          subsection (a),
              (2) a description of the procedures established by such 
          employer to resolve allegations of sexual harassment in 
          employment, and
              (3) such other information as the Commission may require.
  Such notice shall be provided in a manner that ensures that such 
  employee actually receives such notice.
      (c) Management Information for Supervisory Employees.--Not later 
  than 60 days after an employer places an individual in a supervisory 
  employment position or 1 year after the date of the enactment of this 
  Act, whichever occurs later, such employer shall provide to the 
  supervisory employee information specifying the responsibilities of, 
  and the methods to be used by, such employee to ensure that immediate 
  and corrective action is taken to address allegations of sexual 
  harassment in employment.
      (d) Civil Penalty.--A willful violation of this section shall be 
  punishable by a civil penalty of not more than $1,000 for each separate 
  violation.
  
  SEC. 4. DUTIES OF THE COMMISSION.
  
      (a) Technical Assistance Materials.--Not later than 180 days after 
  the date of the enactment of this Act, the Commission shall prepare, 
  revise from time to time as needed, and make available to employers at 
  no cost (by publication in the Federal Register or other means)--
              (1) a model notice of the kind required by section 3(a) to 
          be posted,
              (2) a model notice of the kind required by section 3(b) to 
          be provided to employees, and
              (3) voluntary guidelines for the establishment of policies 
          and procedures by employers to address allegations of 
          discrimination (including sexual harassment) in employment.
      (b) Toll-Free Telephone Number.--Not later than 180 days after the 
  date of the enactment of this Act, the Commission shall provide a toll-
  free telephone number for use by employees and employers in the United 
  States to obtain--
              (1) information regarding compliance with this Act, and
              (2) the model notices and guidelines prepared under 
          subsection (a).
  
  SEC. 5. ENFORCEMENT.
  
      Section 3 shall be enforced--
              (1) by the Commission with respect to violations alleged by 
          employees as defined in subparagraphs (A), (B), and (E) of 
          section 6(2),
              (2) by the House of Representatives in the manner described 
          in section 117(a)(2)(B) of the Civil Rights Act of 1992 (2 
          U.S.C. 60l) with respect to violations alleged by employees as 
          defined in section 6(2)(C) of this Act, and
              (3) by the Senate in the manner described in the Government 
          Employee Rights Act of 1992 (2 U.S. 120 et seq.) with respect 
          to violations alleged by employees as defined in section 
          6(2)(D) of this Act.
  
  SEC. 6. DEFINITIONS.
  
      For purposes of this Act--
              (1) the term ``Commission'' means the Equal Employment 
          Opportunity Commission,
              (2) the term ``employee'' means--
                      (A) an employee as defined in section 701(f) of the 
                  Civil Rights Act of 1964 (42 U.S.C. 2000e(f)),
                      (B) an employee referred to in section 717(a) of 
                  such Act (42 U.S.C. 2000e-16(a)),
                      (C) an employee in an employment position of the 
                  House of Representatives,
                      (D) a Senate employee as defined in section 
                  301(c)(1) of the Government Employee Rights Act of 1991 
                  (2 U.S.C. 1201(c)(1)), or
                      (E) an employee (other than a Senate employee) in 
                  an employment position of an instrumentality of the 
                  Congress,
              (3) the term ``employer'' means--
                      (A) an employer as defined in section 701(b) of the 
                  Civil Rights Act of 1964 (42 U.S.C. 2000e(b)),
                      (B) a Federal entity to which section 717(a) of the 
                  Civil Rights Act of 1964 (42 U.S.C. 2000e-716(a)) 
                  applies, or
                      (C) an employing authority of the House of 
                  Representatives, of the Senate, or of an 
                  instrumentality of the Congress,
              (4) the term ``instrumentality of the Congress'' means the 
          Architect of the Capitol, the Congressional Budget Office, the 
          Office of Technology Assessment, the United States Botanic 
          Garden, and those units of the Government Printing Office with 
          positions in the excepted service, and
              (5) the term ``sexual harassment'' has the same meaning as 
          such term has for purposes of title VII of the Civil Rights Act 
          of 1964 (42 U.S.C. 2000e-2000e-17).
  
  SEC. 7. EFFECTIVE DATES.
  
      (a) General Effective Date.--Except as provided in subsection (b), 
  this Act shall take effect on the date of the enactment of this Act.
      (b) Effective Date of Section 3.--Section 3 shall take effect 1 
  year after the date of the enactment of this Act.
target: Sexual Harassment Prevention Act of 1993 - Directs employers (including Federal and congressional agencies) to keep posted in conspicuous places a notice prepared or approved by the Equal Employment Opportunity Commission that sets forth:  (1) the definition of sexual harassment found in the Code of Federal Regulations; (2) the fact that sexual harassment is a violation of the Civil Rights Act of 1964; (3) information describing how to file a complaint with the Commission alleging such harassment; (4) an address and toll-free number to be used to contact the Commission; and (5) other information required by the Commission. 
  Provides for annual notices by employers to individual employees which provide such information and a description of the procedures used by the employers to resolve allegations of sexual harassment. 
  Requires employers to provide to each supervisory employee information specifying the responsibility of, and the methods to be used by, such employee to ensure that immediate and corrective action is taken to address allegations of sexual harassment. 
  Prescribes civil penalties for willful violations of this Act. 
  Directs the Commission to make model notices and voluntary guidelines for procedures dealing with allegations of sexual harassment available to employers at no cost as well as a toll-free number for information regarding this Act.
feat_title: Sexual Harassment Prevention Act of 1993