S.2287: Fair Employment Protection Act of 2019

The Fair Employment Protection Act (S.2287) would expand employer liability standards to apply in employee harassment claims under current federal anti-discrimination law. Specifically, this bill would make employers liable for the acts of any individual whose harassment of an employee created or continued an unlawful hostile work environment. The provision would be triggered if at the time of the harassment the 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 the negligence of the employer-led to the creation or continuation of that hostile work environment.