Overview

Title

To promote the economic security and safety of survivors of domestic violence, dating violence, sexual assault, or stalking, and for other purposes.

ELI5 AI

S. 5132 is a bill that helps people who have been hurt or scared by someone they know by giving them time off work if they need it, making sure they are treated fairly, and teaching more people about helping them.

Summary AI

S. 5132 aims to support survivors of domestic violence, dating violence, sexual assault, or stalking by enhancing their economic security and safety. The bill proposes measures like reauthorizing grant programs, providing safe leave from work, and ensuring legal protections against discrimination. It also addresses extending unemployment benefits to victims, ensures that insurance companies cannot discriminate against them, and requires training and public education on these issues. The act seeks to protect the rights and privacy of survivors while offering resources and support to help them regain control over their lives.

Published

2024-09-19
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-09-19
Package ID: BILLS-118s5132is

Bill Statistics

Size

Sections:
30
Words:
17,385
Pages:
86
Sentences:
352

Language

Nouns: 5,063
Verbs: 1,406
Adjectives: 965
Adverbs: 121
Numbers: 718
Entities: 623

Complexity

Average Token Length:
4.35
Average Sentence Length:
49.39
Token Entropy:
5.68
Readability (ARI):
27.31

AnalysisAI

General Summary of the Bill

The "Security And Financial Empowerment for Survivors Act of 2024" aims to protect and support survivors of domestic violence, dating violence, sexual assault, and stalking. It seeks to enhance their economic security and safety through various measures, including offering safe leave from work, ensuring unemployment compensation, and safeguarding against discrimination by insurers. The Act addresses the economic impact of such violence on survivors and outlines measures for both private and public sector accountability. It also provides for education and training programs to increase awareness and improve responses to these societal issues.

Summary of Significant Issues

One of the major challenges with this bill is the ambiguity in defining crucial terms such as "qualifying act of violence," which could lead to inconsistent application. The financial burdens on small businesses mandated by leave policies could pose significant concerns, as could the requirement for states to deliver emergency benefits within tight deadlines. Furthermore, the bill's broad language and the complex referencing of various acts might lead to confusion or incorrect implementation of its provisions.

Another issue is the allocation of significant appropriation amounts for educational campaigns and public health infrastructure without clear guidelines or accountability measures. This raises concerns about potential wasteful spending. Moreover, the lack of clarity in the bill regarding insurers' obligations could lead to varying interpretations and potentially unfavorable situations for survivors seeking insurance coverage.

Public Impact of the Bill

For the public, the bill holds the potential for fostering a supportive environment for survivors, enabling them to prioritize recovery over economic hardship. The provision of safe leave and protection against discrimination at work ensures that survivors can seek necessary legal and medical help without fear of losing their jobs.

However, the impact varies widely depending on how strictly and uniformly these guidelines are implemented. The varied definitions and criteria adopted by states might affect the uniform applicability of unemployment benefits, leading to disparities in support for survivors across the country.

Impact on Specific Stakeholders

Employers: Small businesses may face challenges juggling the requirement to provide significant leave to employees, potentially leading to financial strains and operational disruptions. Without accompanying support measures, these requirements might impact their ability to maintain regular operations.

States: The obligation for states to provide emergency benefits within a short timeframe poses administrative challenges, potentially leading to inconsistencies in the application process and benefits delivery.

Survivors: For survivors, the bill is a positive step toward affirming their rights and safety. It provides necessary workplace protections and benefits that empower them to leave abusive situations. Yet, the effectiveness of these measures heavily relies on clear definitions and consistent enforcement.

Insurers: Insurers face the challenge of adapting to new regulations limiting their ability to act against individuals based on their history of suffering violence, which could require overhaul of existing practices and documentation procedures.

The bill, though ambitious in its scope to protect and empower survivors, requires meticulous attention to detail in its execution to ensure it addresses the diverse needs of all stakeholders effectively.

Financial Assessment

The bill titled "Security And Financial Empowerment for Survivors Act of 2024" primarily focuses on enhancing the economic security and safety of survivors of domestic violence, dating violence, sexual assault, or stalking. It includes several financial provisions and references, which are discussed below.

Financial Provisions and Allocations

Annual Costs and Lost Productivity

The bill highlights that domestic violence incurs substantial economic costs. It references annual costs of intimate partner violence exceeding $8.3 billion, indicating significant financial implications for society. These costs stem from both direct medical expenses and indirect costs associated with lost productivity.

Studies estimate that lost workdays due to various forms of violence, such as intimate partner violence and stalking, translate into an economic loss of approximately $137.8 billion when calculated using 2022 dollars. This underscores the financial importance of addressing and mitigating such violence to reduce these extensive societal costs.

Penalties and Damages

The bill outlines financial penalties for employers who violate specific sections related to safe leave and protection against discrimination. Any employer found liable under sections 201 or 202 must pay compensation, including the greater of $1,000 or actual losses related to wages and other benefits. Additionally, there are provisions for civil monetary penalties under section 203, requiring employers to pay $1,000 per violation to individuals affected by their actions.

Appropriations for Public Health and Education

The bill authorizes financial allocations to enhance public awareness and education regarding acts of violence. Specifically, section 512 mentions an amendment to the Family Violence Prevention and Services Act, authorizing $15 million annually for each fiscal year from 2025 through 2029. This funding is intended for investment in public health infrastructure to support survivors, which aligns with the bill’s goal of improving societal responses to these issues.

Related Issues

Potential Financial Burden on Employers

The requirement for employers to provide 40 workdays of leave, with at least 10 paid days, as noted in section 201, might impose a financial burden on smaller businesses. This could potentially lead to resource strain and operational disruptions, aligning with the issue noted about the financial challenges businesses might face in implementing these measures.

Inconsistencies in Implementation Across States

Section 401 permits states to adopt broader definitions of what constitutes a "qualifying act of violence," which can lead to inconsistencies in how unemployment benefits are applied. This variability might affect the equitable distribution of unemployment compensation benefits to survivors across different states, creating disparities in economic support.

Concerns about Unspecified Appropriations

Sections 511 and 512 raise concerns due to the authorization of significant appropriations aimed at public education and improving support for victims, without clearly specified amounts or allocation methods. This lack of detail could potentially lead to wasteful spending and a lack of accountability, which is a concern also identified in the issues list.

Overall, the bill’s financial provisions and allocations aim to provide comprehensive support and protection for survivors while also framing broader economic impacts to society. However, the implementation of these financial measures requires careful consideration to ensure equitable and effective application across all states and businesses.

Issues

  • The lack of clear definitions or criteria for a 'qualifying act of violence' in multiple sections (e.g., Sections 4, 303, 506) could lead to inconsistent interpretations across different jurisdictions and applications. This is significant as it might affect the uniformity and fairness in applying the law.

  • The requirement in Section 201 for employers to provide 40 workdays of leave annually for victims, with at least 10 paid days, may be financially burdensome for smaller businesses, potentially leading to resource strain and operational disruptions.

  • Section 205's requirement for states to provide emergency benefits within seven days may not consider the administrative capacity needed, potentially causing inconsistencies in implementation across different states.

  • Section 202's lack of clear definition of 'rebuttable presumption' of retaliation might result in legal ambiguities, risking unfair treatment of employers in discrimination disputes.

  • The broad language and complex cross-referencing in Sections 204, 303, and 504 regarding leave and accommodations might make it difficult for non-experts to understand and apply the provisions correctly, leading to potential misuse or misinterpretation of employee rights.

  • Sections 511 and 512 authorize significant appropriations for public education and health infrastructure without specifying amounts or allocation methods, raising concerns about potential wasteful spending and lack of accountability.

  • Section 401 allows states to adopt broader definitions of 'qualifying act of violence' for unemployment compensation purposes; this could result in inconsistencies in the application of unemployment benefits across states, affecting equitable access.

  • Section 303's provisions for confidentiality and nondisclosure might conflict with employers’ other legal obligations, such as public health reporting or legal subpoenas, potentially placing employers in challenging legal positions.

  • Sections 504 and 502 use vague terms like 'specific reasons' and 'qualifying act of violence', which insurers must provide when taking adverse actions. This lack of specificity could lead to inconsistencies in how insurers communicate with victims, potentially disadvantaging or confusing them.

  • Section 203 imposes additional penalties up to $1,000 for violations and extends penalties in case of willful violations, yet lacks detailed criteria or guidelines for applying them, which might result in inconsistent enforcement.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title; table of contents Read Opens in new tab

Summary AI

This document is the "Security And Financial Empowerment for Survivors Act of 2024" which outlines various sections including reauthorization of grants for workplace support for victims, entitlement to safe leave for addressing violence, and rules on unemployment compensation for victims. It also discusses insurance protections for victims, details the definitions and prohibitions of discriminatory acts, and includes sections on enforcement, remedies, and the promotion of educational programs for victims.

2. Findings Read Opens in new tab

Summary AI

Congress has identified that gender-based violence, including domestic and sexual violence, is widespread in the United States and has severe impacts on survivors' health, employment, and financial stability. The findings highlight the economic abuse aspect, barriers faced by survivors, and the need for more supportive federal laws to protect survivors' rights and well-being.

Money References

  • (10) Annual costs of intimate partner violence are estimated over $8,300,000,000.
  • According to the Centers for Disease Control and Prevention, the costs of intimate partner violence against women in 1995 exceeded an estimated $5,800,000,000.
  • These costs included nearly $4,100,000,000 in the direct costs of medical and mental health care and nearly $1,800,000,000 in the indirect costs of lost productivity.
  • (11) Studies estimate that work days lost due to intimate partner violence, sexual violence, or stalking over victims’ lifetimes are worth an estimated $137,800,000,000 (calculated using 2022 dollars).

3. Definitions Read Opens in new tab

Summary AI

The section defines various terms used in the context of the bill, such as "communication of an intimate visual depiction," which involves sharing sensitive images without consent, and "domestic partner," referring to someone in a committed relationship. It also covers definitions for concepts like "employer," "public assistance," "gender-based violence," and "victim services organization," providing clarity on who and what the bill aims to protect and regulate.

4. Rule of construction regarding more protective laws, agreements, programs, and plans Read Opens in new tab

Summary AI

The section explains that the new Act does not override any existing Federal, State, or local laws, agreements, or programs that offer either more leave rights or cover more victims of violence than the new Act intends to cover.

5. Arbitration Read Opens in new tab

Summary AI

In Section 5, the text states that certain arbitration agreements or waivers related to claims from specific titles of the Act cannot be used or enforced before any disputes arise. Furthermore, any disagreements about whether these titles apply to a specific dispute will be decided by a court using federal law, not an arbitrator, regardless of what the arbitration agreement says.

101. Grant program reauthorization Read Opens in new tab

Summary AI

The bill amends the Violence Against Women Act to extend support to organizations helping victims, allowing them to provide resources to employers and employees. It also specifies that no more than 2.5% of funds can be used for grant administration, and no more than 5% for evaluating the effectiveness of these programs.

201. Entitlement to safe leave for addressing domestic violence, dating violence, sexual assault, or stalking Read Opens in new tab

Summary AI

Employers must provide employees with up to 40 days of safe leave each year for issues related to domestic violence, with at least 10 days being paid leave. Confidentiality is maintained, and employees' positions and benefits are protected during this leave, allowing employees to handle legal, medical, and other necessary matters without losing their jobs or health coverage.

202. Prohibited acts Read Opens in new tab

Summary AI

This section outlines prohibited actions, making it illegal for anyone to retaliate against or discriminate against a person exercising their rights under section 201, especially concerning taking leave. It also prohibits discrimination against individuals involved in proceedings or inquiries related to the rights under section 201.

203. Enforcement Read Opens in new tab

Summary AI

The section of the bill outlines the processes for enforcing the provisions of sections 201 and 202 through civil actions. It details how affected employees can seek damages, including wages and benefits, if an employer violates these sections, and describes the role of the Secretary of Labor in addressing and penalizing such violations. The bill also specifies limitations on when legal actions can be initiated and addresses the liabilities of employers under other laws, as well as the involvement of other administrative bodies for different categories of federal employees.

Money References

  • — (1) LIABILITY.—Any employer that violates section 201 or 202 shall be liable to any individual affected— (A) for damages equal to— (i) the greater of, $1,000 or the amount of— (I) any wages, salary, employment benefits, or other compensation denied or lost to such individual by reason of the violation; or (II) in a case in which wages, salary, employment benefits, or other compensation has not been denied or lost to the individual, any actual monetary losses sustained by the individual as a direct result of the violation; (ii) the interest on the amount described in clause (i) calculated at the prevailing rate; and (iii) an additional amount as liquidated damages equal to the sum of the amount described in clause (i) and the interest described in clause (ii), except that if an employer that has violated section 201 or 202 proves to the satisfaction of the court that the act or omission that violated section 201 or 202 was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of section 201 or 202, such court may, in the discretion of the court, reduce the amount of the liability to the amount and interest determined under clauses (i) and (ii), respectively; and (B) for such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (2) RIGHT OF ACTION.—An
  • (4) CIVIL MONETARY PENALTIES.—In addition to the penalties payable to an affected individual under this subsection, any employer that violates section 201 or 202 shall be subject to a penalty payable to the Secretary of Labor of $1,000 per violation for each individual affected.

204. Existing leave usable for a qualifying act of violence Read Opens in new tab

Summary AI

An employee who has the right to take leave from work, whether it's paid or unpaid, can choose to use this leave if they are dealing with an incident of violence, according to federal, state, local laws, or agreements with their employer. This means they can swap the leave they have for a new type of leave specified in a different section of the law.

205. Emergency benefits Read Opens in new tab

Summary AI

A state can use specific Social Security funds to give short-term emergency benefits to individuals taking leave as allowed by the law, provided they qualify financially by having only accessible cash counted. Eligible individuals must apply to their state, which is required to provide these benefits quickly, within seven days of the application.

206. Regulations Read Opens in new tab

Summary AI

The section mandates the Secretary of Labor to create regulations for implementing the title, including requiring employers to display notices about the title's provisions and how to file complaints. It also states that other administrative officers can create consistent regulations for their employees according to the guidelines set by the Secretary of Labor.

301. Short title Read Opens in new tab

Summary AI

The section provides the official short title for the legislative measure, which is the “Survivors’ Employment Sustainability Act.”

302. Definitions Read Opens in new tab

Summary AI

The text provides definitions for terms used in a section of a congressional bill, covering meanings for terms like "board," "commission," "discriminate," "employee," "employer," "qualified employee," "reasonable accommodation," and "undue hardship." These definitions relate to employment and safety considerations for individuals affected by acts of violence, outlining when adjustments or accommodations can be made and under what conditions they may be declined due to undue hardship.

303. Prohibited discriminatory acts Read Opens in new tab

Summary AI

The text prohibits employers and public agencies from discriminating against people who have been victims of violence by unfairly treating them in employment or public assistance matters. It requires employers to provide reasonable accommodations to such victims and keep their information confidential, while also outlining the process for handling requests and maintaining privacy.

304. Remedies and enforcement Read Opens in new tab

Summary AI

The section outlines the remedies and enforcement mechanisms for employment discrimination claims. It specifies the powers, remedies, and procedures available under various laws and acts, like the Civil Rights Act and the Government Employee Rights Act, for different groups of employees, and establishes the potential liabilities of public agencies in cases of discrimination, including monetary and punitive damages, equitable relief, and the awarding of legal fees and costs to successful plaintiffs.

Money References

  • — (1) IN GENERAL.—Any public agency that violates section 303(b) shall be liable to any individual affected— (A) for damages equal to— (i) the value of the benefits denied or lost to such individual by reason of the violation, or in a case in which benefits have not been denied or lost to the individual, any actual monetary losses sustained by the individual as a direct result of the violation; and (ii) punitive damages of not more than $100,000; and (B) for such equitable relief as may be appropriate.

305. Rulemaking Read Opens in new tab

Summary AI

The section outlines how the Equal Employment Opportunity Commission (EEOC) and the Office of Congressional Workplace Rights (OCWR) must create rules to implement a title. The OCWR must issue regulations 6 months after the EEOC finalizes theirs, aligning closely with the EEOC’s rules unless specific differences are justified to better protect employees.

306. Attorney’s fees Read Opens in new tab

Summary AI

The section modifies the Revised Statutes by adding the "Survivors’ Employment Sustainability Act" to the list of laws where attorney's fees can be awarded under federal law.

401. Unemployment compensation for victims of a qualifying act of violence Read Opens in new tab

Summary AI

The text outlines provisions to ensure that victims of qualifying acts of violence can receive unemployment compensation even if they voluntarily leave their jobs due to being victims. It mandates the training of unemployment personnel to handle such cases sensitively and confidentially, allows states to define broader protections, and establishes a grant program to develop training materials for personnel dealing with these cases, ensuring victims' rights are not diminished by less protective laws.

501. Definitions Read Opens in new tab

Summary AI

In this title, several key terms are defined: "abuser" refers to someone who commits a violent act; "insured" describes a person or entity named in an insurance policy having rights to the benefits, including those covered under group and life insurance; "insurer" includes any person or legal entity involved in providing insurance, such as agents and brokers, and extends to employers who offer employee benefits; and "policy" refers to an insurance contract or agreement issued by an insurer, covering contracts like indemnity or annuity.

502. Discriminatory acts prohibited Read Opens in new tab

Summary AI

This section prohibits insurance companies from discriminating against victims of violence by refusing to issue or renew policies, adding extra charges, or terminating coverage solely because the victim is connected to a violent act. It also ensures that insurers cannot use or share sensitive information about victims without their consent, except when required by law, and allows victims to provide evidence of the violence to insurers to receive related treatments.

503. Insurance protocols for victims of a qualifying act of violence Read Opens in new tab

Summary AI

Each insurance company must create and follow written procedures to protect the safety and privacy of victims of a violent act. These procedures apply when the company is handling applications, claims, or any actions related to a policy involving a victim of a violent act.

504. Reasons for adverse actions Read Opens in new tab

Summary AI

An insurer must inform a victim of a qualifying act of violence of the exact reasons for any adverse action taken against them, provided in writing. General references to underwriting practices or guidelines do not count as specific reasons.

505. Life insurance Read Opens in new tab

Summary AI

In this section, it explains that a life insurance company can refuse to give a policy if the person applying either has no insurable interest in the person being insured or has been violent towards them, as shown by police or court records.

506. Subrogation without consent prohibited Read Opens in new tab

Summary AI

The section states that if someone has a claim due to a violent act, others cannot take over that claim without the victim's informed consent.

507. Enforcement Read Opens in new tab

Summary AI

The section outlines the enforcement process for unfair or deceptive practices under a certain law, stating that the Federal Trade Commission will handle such cases similarly to other unfair practices. It also allows individuals who feel wronged by an insurer's actions to sue in court for various forms of relief, including compensation and damages, with the option for statutory damages of $5,000 per violation.

Money References

  • (3) STATUTORY DAMAGES.—With respect to compensatory damages in an action described in paragraph (1), the aggrieved individual may elect, at any time prior to the rendering of final judgment, to recover in lieu of actual damages, an award of statutory damages in the amount of $5,000 for each violation.

508. Applicability Read Opens in new tab

Summary AI

The rules in this section will be relevant for actions taken after the law is passed.

511. Qualifying acts of violence education and information programs for victims Read Opens in new tab

Summary AI

The section outlines a national public education campaign, coordinated by the Secretary of Labor, the Secretary of Health and Human Services, and the Attorney General, to raise awareness about acts of violence and provide information to victims, employers, and other key partners. It also includes a study on workplace responses to such violence and allocates funding for these activities from 2025 to 2029.

512. Investing in public health infrastructure to improve support for victims Read Opens in new tab

Summary AI

The section amends the Family Violence Prevention and Services Act to allocate $15 million per year from 2025 to 2029 to improve public health infrastructure and support victims of family violence.

Money References

  • Section 303(c) of the Family Violence Prevention and Services Act (42 U.S.C. 10403(c)) is amended by striking “314” and all that follows and inserting “314 $15,000,000 for each of fiscal years 2025 through 2029.”. ---

601. Severability Read Opens in new tab

Summary AI

If any part of this Act or its amendments is found to be unconstitutional, the rest of the Act and its amendments will still remain in effect and unaffected.