Ending the Monopoly of Power Over Workplace Harassment through Education and Reporting Act-Part I or the EMPOWER Act-Part I
This bill makes it an unlawful practice for an employer to: (1) enter into a contract with an employee or applicant, as a condition of employment or employment status, if that contract contains a nondisparagement or nondisclosure clause that covers workplace harassment; and (2) enforce, or attempt to enforce, such a clause. This prohibition does not apply to a clause contained in a settlement agreement or separation agreement that resolves legal claims or disputes under specified conditions.
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 Equal Employment Opportunity Commission (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.
The EEOC shall: (1) establish a confidential tip-line that supplements its existing process for submitting a charge of discrimination; and (2) provide for the development and dissemination of workplace training programs and information regarding workplace harassment, including sexual harassment.