HB1363 - GENDER VIOLENCE-EMPLOYER DUTY

9 Co-Sponsors

Amends the Gender Violence Act. Defines "employee", "employer", and "workplace". Changes the definition of "gender-related violence" to also mean domestic violence. Provides that an employer is only liable for gender-related violence committed in the work environment by an employee or agent of the employer. Provides that liability only extends to gender-related violence that occurs while the employee was directly performing the employee's job duties and the job duties were the proximate cause of the injury, or while agent of the employer was directly involved in the performance of the contracted work and the contracted work was the proximate cause of the injury. Provides that an employer is liable for gender-related violence if the employer: failed to supervise, train, or monitor the employee who engaged in the gender-related violence; or failed to investigate complaints or reports directly provided to a supervisor, manager, owner, or another person designated by the employer of similar conduct by an employee or agent of the employer and the employer failed to take remedial measures in response to the complaints or reports. Requires an action against an employer for gender-related violence to be commenced within 4 years after the cause of action accrued, except that if the person entitled to bring the action was a minor at the time the cause of action accrued, then within 4 years after the person reaches the age of 18. Provides that no person has the power to waive any provision of the Act as part of a dissolution of marriage agreement, civil union, domestic partnership, or custody agreement.