Prohibited discriminatory acts

(a) Discrimination by employers It shall be an unlawful practice for an employer to fail or refuse to hire or discharge any individual, or otherwise to discriminate (including harassment or retaliation in any form or manner) against any individual with respect to the compensation, terms, conditions, or privileges of employment of the individual, because— (1) the individual is, or the employer perceives that individual to be, a victim of a qualifying act of violence; (2) that individual attended, participated in, prepared for, or requested leave related to an event that resulted in the individual becoming a victim of a qualifying act of violence; (3) that individual, in response to an actual or threatened qualifying act of violence, requested a reasonable accommodation; or (4) the workplace is disrupted or threatened by the action of a person whom that individual states has committed or threatened to commit a qualifying act of violence. (b) Discrimination by public agencies It shall be an unlawful practice for a public agency to deny, reduce, or terminate the benefits of, or otherwise sanction any individual, or otherwise discriminate (including harassment or retaliation in any form or manner) against any individual with respect to the amount, terms, or conditions of public assistance of the individual, because— (1) the individual is, or the public agency involved perceives that individual to be, a victim of a qualifying act of violence; or (2) that individual attended, participated in, or prepared for, an event that resulted in the individual becoming a victim of a qualifying act of violence. (c) Failure To provide accommodation (1) In general It shall be an unlawful practice for an employer to— (A) fail to make a reasonable accommodation for a qualified employee who is a victim of a qualifying act of violence and whose status as such a victim is known or should have been known to the employer, to address the impacts of the violence or enhance the security of the victim involved; (B) refuse or otherwise fail to engage in an interactive process within a reasonable time with a qualified employee described in subparagraph (A), who has requested a reasonable accommodation under this subsection; (C) require a qualified employee described in subparagraph (A) to accept an accommodation other than a reasonable accommodation arrived at through the interactive process; (D) require a qualified employee described in subparagraph (A) to take leave; and (E) take adverse action relating to a term, condition, or privilege of employment against a qualified employee on account of the qualified employee requesting or using a reasonable accommodation. (2) Presumption If an employer takes any adverse action (including any action described in paragraph (1)(E)) against a qualified employee within 12 months after the employee uses any leave to which the individual was entitled under paragraph (1), there shall be a rebuttable presumption that the practice of the employer is adverse action against such employee in violation of paragraph (1)(E). (3) Documentation An employer required under this subsection to make a reasonable accommodation may require a qualified employee requesting a reasonable accommodation pursuant to this subsection to provide certification that the person is a victim of a qualifying act of violence. The person requesting a reasonable accommodation pursuant to this subsection shall provide a copy of such certification to the employer within a reasonable period after the request is made. An employer may not require a specific form of certification and a qualified employee may satisfy the requirements of this subsection by submitting any of the following forms of certification: (A) Sworn statement of the qualified employee, the qualified employee’s family member, or another person with knowledge of the qualifying act of violence. (B) Documentation from a survivor services organization, an attorney, law enforcement personnel, a medical professional, a social worker, an antiviolence counselor, a cultural or religious provider, or another professional who assisted the qualified employee in addressing the qualifying act of violence, affirming that the qualified employee is a victim of a qualifying act of violence. (C) A police or court record demonstrating that the qualified employee is a victim of a qualifying act of violence. (D) Other corroborating evidence concerning the qualified employee demonstrating the qualified employee’s status as a victim of a qualifying act of violence. (d) Confidentiality; nondisclosure for victims (1) Confidentiality All information provided to the employer pursuant to subsection (a) or (c), and the fact that the employee is a victim of a qualifying act of violence (or that the employee’s covered family or household member is such a victim), and that the employee has requested or obtained leave or a reasonable accommodation pursuant to this section, shall be retained in the strictest confidence by the employer, except to the extent that disclosure is— (A) requested or consented to by the employee in writing; or (B) otherwise required by applicable Federal or State law. (2) Confidential communications The provision of any information under this section does not waive or diminish the confidential or privileged nature of communications between a victim of a qualifying act of violence with one or more of the individuals or entities providing information as described in section 201(f)(2). (3) Nondisclosure If an employer possesses health information about an employee (or an employee’s covered family or household member) in connection with a request or determination made under this section, such information shall— (A) be maintained on a separate form and in a separate file from other personnel information; (B) be treated as a confidential medical record; and (C) not be disclosed except to the affected employee or with the written permission of the affected employee.