Ending the Monopoly of Power Over Workplace Harassment through Education and Reporting Act or the EMPOWER Act
This bill makes it an unlawful labor practice for an employer to enter into, or attempt to enforce, a contract with an employee or job applicant that contains a nondisparagement or nondisclosure clause that covers workplace or sexual harassment, including retaliation for participating in a workplace harassment proceeding. The bill exempts certain settlement or separation agreements from such prohibition.
The bill also requires the Securities and Exchange Commission to promulgate a regulation that requires any issuer of securities to submit a report for the most recent five-year period with respect to workplace and sexual harassment. The commission must provide for the development and dissemination of training programs and information regarding workplace and sexual harassment.
The bill denies a tax deduction for amounts related to judgments and expenses in connection with litigation related to workplace or sexual harassment. It also excludes from gross income, for income tax purposes, any amount received in connection with a claim or settlement related to workplace or sexual harassment, or other unlawful discrimination.