Mikulski Cosponsors Bill to Stand Up for American Workers and Strengthen Opportunity for Economic Security

Press Release

U.S. Senator Barbara A. Mikulski (D-Md.) today announced that she has cosponsored the Fair Employment Protection Act, legislation to give American workers the opportunity to succeed free of workplace harassment. The bicameral legislation, introduced by Senators Tammy Baldwin (D-Wis.) and Tom Harkin (D-Iowa) along with Representatives George Miller (D-Calif.) and Rosa DeLauro (D-Conn.), corrects the error of the U.S. Supreme Court's June 2013 decision in Vance v. Ball State University, which significantly weakened the ability of workplace harassment victims to seek legal recourse.

"With more women in the workplace today than ever before, it is important that we right this wrong in the law books," Senator Mikulski said. "The Vance decision was devastating for those of us who believe in strong employee protections. I'm proud to stand with my colleagues on this bill and will continue to fight so that harassment has no place in the workplace."

This legislation restores workplace protections weakened by the Vance decision to ensure that Americans harassed on the job by their supervisors are treated fairly and receive the justice they deserve.

"If you work hard and play by the rules you should have the opportunity to get ahead," said Senator Baldwin. "Unfortunately, workplace harassment remains an unacceptable reality that threatens the economic security of far too many people, particularly women, working to build a better future for themselves and their families. Harassment has no place in the workplace and should never impede economic success. I'm proud to introduce the Fair Employment Protection Act to restore important workplace protections, move this issue forward, and help provide American workers the level playing field they deserve."

Workplace harassment on the basis of sex, race, national origin, religion, disability, age and genetic information is currently prohibited under federal employment nondiscrimination law. Under the law, employers have a heightened legal obligation to protect against supervisor harassment and as a result, employees enjoy real protections and employers are provided with compelling incentives to prevent and resolve supervisor harassment.

However, on June 24, 2013, the U.S. Supreme Court handed down a 5-4 decision in Vance v. Ball State University weakening these critical protections against supervisor harassment. The Court held that the heightened obligations on employers to prevent and remedy supervisor harassment apply only when the supervisor has the power to hire, fire, or take other tangible employment actions against the victim employee but not when harassment occurs at the hands of a lower-level supervisor. The decision weakens remedies for victims harassed by these lower-level supervisors, where workplace harassment frequently occurs.

The Fair Employment Protection Act corrects the error in the Vance decision and clarifies who counts as a "supervisor" for the purpose of holding employers responsible for unlawful harassment. The legislation would include not just those supervisors who can hire and fire, but also those who are in charge of an employee's daily work activities, thus able to reassign an employee whom they are harassing.
On other notable occasions, Congress has needed to step in to correct unduly restrictive Court interpretations of federal workplace protections. For example, Congress enacted the Civil Rights Act of 1991 in response to a number of U.S. Supreme Court decisions that limited the rights of employees. Most recently, in 2009, Congress passed the Lily Ledbetter Fair Pay Act to address a Court decision restricting remedies for individuals bringing pay discrimination lawsuits.

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