Ending the Monopoly of Power Over Workplace Harassment through Education and Reporting Act or the EMPOWER Act

This bill makes it an unlawful practice (with exceptions regarding certain settlement or separation agreements) for an employer to: (1) enter into a contract with an employee or applicant, as a condition of employment, promotion, compensation, benefits, or change in employment status or contractual relationship, or as a term, condition, or privilege of employment, if that contract contains a nondisparagement or nondisclosure clause that covers workplace harassment; and (2) enforce, or attempt to enforce, a nondisparagement clause or nondisclosure clause.

Notwithstanding signing any nondisparagement or nondisclosure clause, an employee or applicant retains any right that person would otherwise have had to report a concern about workplace harassment to the Equal Employment Opportunity Commission (EEOC) and other specified agencies, and any right that person would otherwise have had to bring an action in a court of the United States.

The bill: (1) sets forth enforcement powers of the EEOC and various entities, and the jurisdiction of U.S. courts, regarding workplace harassment; and (2) makes specified procedures and remedies applicable.

The EEOC shall: (1) establish a confidential tip-line that supplements its existing process for submitting a charge of discrimination, and (2) provide for the development and dissemination of workplace training programs and information regarding workplace harassment, including sexual harassment.

The Internal Revenue Code is amended to modify the tax treatment of amounts related to employment discrimination and workplace harassment.