[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9228 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9228
To prevent discrimination, including harassment, in employment.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 30, 2024
Ms. Pressley (for herself, Ms. Garcia of Texas, Ms. Strickland, Ms.
Slotkin, Mr. Garamendi, Mr. Carson, Ms. Norton, Mrs. Cherfilus-
McCormick, Ms. Williams of Georgia, Mrs. Dingell, Mr. Johnson of
Georgia, Mr. Thanedar, Ms. Lee of California, Mrs. Trahan, Mrs.
Ramirez, Mr. DeSaulnier, Mrs. Watson Coleman, Ms. Barragan, Ms. Wild,
and Ms. Porter) introduced the following bill; which was referred to
the Committee on Education and the Workforce, and in addition to the
Committees on the Judiciary, House Administration, Oversight and
Accountability, and Veterans' Affairs, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To prevent discrimination, including harassment, in employment.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bringing an End to Harassment by
Enhancing Accountability and Rejecting Discrimination in the Workplace
Act'' or the ``BE HEARD in the Workplace Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Purposes.
TITLE I--RESEARCHING AND PREVENTING WORKPLACE DISCRIMINATION, INCLUDING
HARASSMENT; TIPPED EMPLOYEES
Sec. 100. Definitions.
Subtitle A--Preventing Workplace Discrimination, Including Harassment
Sec. 101. Mandatory nondiscrimination policies.
Sec. 102. Nondiscrimination training.
Sec. 103. Resource materials on policies and trainings for small
businesses.
Sec. 104. Education, training, and technical assistance to employers.
Sec. 105. Task force regarding harassment.
Sec. 106. Resource materials on employment climate assessments.
Sec. 107. Establishing an Office of Education and Outreach within the
Equal Employment Opportunity Commission.
Sec. 108. Relationship to other laws.
Sec. 109. Authorization of appropriations.
Subtitle B--Research and Additional Resources for Harassment Prevention
Sec. 111. National prevalence survey on harassment in employment.
Sec. 112. Study and report on harassment in the Federal Government.
Sec. 113. Studies, reports, and further research.
Subtitle C--Preventing Harassment of Tipped Employees
Sec. 121. Tipped employees.
TITLE II--STRENGTHENING WORKPLACE RIGHTS
Sec. 201. Clarifying sexual orientation discrimination and gender
identity discrimination are unlawful sex
discrimination.
Sec. 202. Covered employers.
Sec. 203. Compensatory and punitive damages available.
Sec. 204. Discrimination, including harassment; standards of proof.
Sec. 205. Clarifying other standards of proof.
Sec. 206. Supervisor liability.
Sec. 207. Extending the statutes of limitations.
Sec. 208. Extending the time limitations on Federal employees filing a
complaint.
TITLE III--BROADENING PROTECTIONS AND ENSURING TRANSPARENCY
Sec. 301. Independent contractors, interns, fellows, volunteers, and
trainees.
Sec. 302. Nondisclosure agreements.
Sec. 303. Prohibition on mandatory arbitration and protection of
concerted legal action.
Sec. 304. Federal contractor compliance with labor and civil rights
laws.
TITLE IV--NATIONWIDE GRANTS TO PREVENT AND RESPOND TO WORKPLACE
DISCRIMINATION, INCLUDING HARASSMENT
Sec. 401. Definitions.
Subtitle A--National Grants for Preventing and Addressing Employment
Discrimination, Including Harassment
Sec. 411. Definitions.
Sec. 412. Grants.
Sec. 413. Authorization of appropriations.
Subtitle B--Grants for Legal Assistance for Low-Income Workers
Sec. 421. Definitions.
Sec. 422. Grants for civil legal needs related to employment
discrimination.
Sec. 423. Authorization of appropriations.
Subtitle C--Grants for a System of State Advocacy
Sec. 431. Purpose.
Sec. 432. Definitions.
Sec. 433. Allotments and payments.
Sec. 434. System required.
Sec. 435. Administration.
Sec. 436. Authorization of appropriations.
TITLE V--GENERAL PROVISIONS
Sec. 501. Severability.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to prevent and reduce prohibited discrimination,
including harassment, in employment;
(2) to prevent and reduce discriminatory, including
harassing, conduct in the workplace;
(3) to identify and implement best practices in creating a
workplace free from discrimination, including harassment;
(4) to update and clarify certain employment
nondiscrimination laws; and
(5) to expand workers' access to counsel and advocacy
services to protect the legal and human rights of workers by
preventing and reducing discrimination, including harassment,
and responding to violations of worker's rights.
TITLE I--RESEARCHING AND PREVENTING WORKPLACE DISCRIMINATION, INCLUDING
HARASSMENT; TIPPED EMPLOYEES
SEC. 100. DEFINITIONS.
In subtitles A and B:
(1) Commission.--The term ``Commission'' means the Equal
Employment Opportunity Commission.
(2) Employer.--The term ``employer'' has the meaning given
the term in section 701 of the Civil Rights Act of 1964 (42
U.S.C. 2000e), as amended by section 202 of this Act.
Subtitle A--Preventing Workplace Discrimination, Including Harassment
SEC. 101. MANDATORY NONDISCRIMINATION POLICIES.
(a) Policies.--
(1) In general.--Beginning not later than 1 year after the
date of enactment of this Act, each employer who has 15 or more
employees shall adopt, maintain, and periodically review a
comprehensive nondiscrimination policy, which shall establish
policies and procedures concerning prohibited discrimination,
including harassment, in employment.
(2) Dissemination and posting.--The employer shall
disseminate the comprehensive nondiscrimination policy to each
employee at the beginning of employment, annually, and on the
issuance of any update to the comprehensive nondiscrimination
policy. The employer shall post the comprehensive
nondiscrimination policy in prominent locations, including in a
prominent location on the employer's website.
(b) Contents.--At a minimum, the comprehensive nondiscrimination
policy shall include--
(1) a definition of prohibited discrimination, including
harassment, in employment;
(2) a description of the types of behaviors prohibited by
the policy;
(3) the identification of multiple individuals to whom an
employee may report such discrimination, and the contact
information for those individuals;
(4) a description of multiple methods for reporting such
discrimination;
(5) a general description of how the employer will conduct
prompt, thorough, and impartial investigations and respond to
complaints regarding such discrimination;
(6) a prohibition against retaliation related to such
discrimination, including disclosing, reporting, or challenging
such discrimination;
(7) a description of the confidentiality protections
available for such discrimination complaints;
(8) a description of potential consequences for violating
the policy; and
(9) any additional components required by the Commission
for the purpose of preventing such discrimination.
(c) Accessibility.--The comprehensive nondiscrimination policy
shall be made available in plain English and in an accessible manner
for individuals with disabilities and for individuals who primarily
speak a language other than English.
(d) Enforcement.--
(1) In general.--Subject to paragraph (2), an employer who
fails to comply with this section shall be fined not more than
$1,000 for each separate offense.
(2) Repeated or willful violations.--An employer who
repeatedly or willfully fails to comply with this section shall
be fined not less than $5,000 for each separate offense.
(e) Regulations.--The Commission shall have authority to promulgate
regulations to carry out this section.
SEC. 102. NONDISCRIMINATION TRAINING.
(a) In General.--The Commission shall promulgate regulations--
(1) to require appropriate employers, as determined by the
Commission, to provide--
(A) in-person or other interactive training for
each employee regarding discriminatory, including
harassing, behaviors in employment; and
(B) training specifically designed for supervisors
regarding the prevention of and response to
discrimination (including harassment) in employment,
including retaliation; and
(2) to identify specific elements of such training.
(b) Required Training.--The requirements described in subsection
(a) shall be based on research on effective training.
(c) Enforcement.--The Commission shall issue remedies for
noncompliance by regulation.
SEC. 103. RESOURCE MATERIALS ON POLICIES AND TRAININGS FOR SMALL
BUSINESSES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Commission shall make publicly available resource
materials on comprehensive nondiscrimination policies and trainings on
such policies for employers with fewer than 15 employees.
(b) Contents.--Such resource materials shall include, at a
minimum--
(1) model comprehensive nondiscrimination policies
concerning prohibited discrimination, including harassment, in
employment, as described in section 101, for use by employers
with fewer than 15 employees, which shall--
(A) be designed to be easily distributed by such
employers to employees;
(B) take into account the resources available to
such employers;
(C) take into account the particular needs of
employees of such employers;
(D) be made available in plain English and in
accessible formats for individuals with disabilities
and for individuals who primarily speak a language
other than English;
(E) include a definition of prohibited
discrimination, including harassment, in employment;
(F) include examples of prohibited discriminatory,
including harassing, behaviors;
(G) describe how the employer may conduct prompt,
thorough, and impartial investigations and respond to
complaints regarding such prohibited discrimination;
(H) include a prohibition against retaliation
related to such discrimination;
(I) include policies that reflect the needs of a
variety of different types of workplaces, including
those with differing work structures, facilities, or
tasks;
(J) describe behaviors that would constitute
retaliation; and
(K) include a description of potential consequences
for violating the comprehensive nondiscrimination
policy; and
(2) model trainings regarding prohibited discrimination,
including harassment, in employment, as described in section
102, for use by employers with fewer than 15 employees, which
shall--
(A) take into account the resources available to
such employers;
(B) take into account the particular needs of
employees of such employers;
(C) be made available in plain English and in
accessible formats for individuals with disabilities
and for individuals who primarily speak a language
other than English;
(D) be made available in an online format that is
widely available to such employers and employees of
such employers;
(E) include an explanation of prohibited
discrimination, including harassment, in employment,
including retaliation related to such discrimination;
(F) describe the affirmative behaviors that
contribute to preventing and reducing discrimination,
including harassment, in employment;
(G) include trainings designed to address the needs
of a variety of workplaces, including those with
differing work structures, facilities, and tasks;
(H) include best practices for preventing
prohibited discrimination, including harassment,
specific to industries in which the Commission
determines that discrimination, including harassment,
is particularly prevalent or severe; and
(I) include any additional information the
Commission determines may prevent discrimination,
including harassment, of employees.
(c) Individualization.--The Commission shall ensure that resource
materials under this section are designed to facilitate individual
employers to customize training to address the needs of their
workplaces, including differing work structures, facilities, and tasks.
SEC. 104. EDUCATION, TRAINING, AND TECHNICAL ASSISTANCE TO EMPLOYERS.
The Commission shall have the authority to--
(1) reasonably adjust the fees the Commission charges for
any education, technical assistance, or training the Commission
offers through the Technical Assistance Training Institute
established in accordance with section 705(j)(1) of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-4(j)(1));
(2) use the materials developed by the Commission for any
education, technical assistance, or training offered by the
Commission in accordance with that section in any education and
outreach activities carried out by the Commission; and
(3) use funds from the Commission's EEOC Education,
Technical Assistance, and Training Revolving Fund, established
under section 705(k) of the Civil Rights Act of 1964 (42 U.S.C.
2000e-4(k)), to pay the full salaries of any Commission
employees that develop and administer any education, technical
assistance, or training programs offered by the Commission in
connection with activities under this Act.
SEC. 105. TASK FORCE REGARDING HARASSMENT.
(a) In General.--The Commission shall establish and periodically
convene a harassment prevention task force (referred to in this section
as the ``Task Force'') to study prohibited harassment in employment.
(b) Membership.--The Task Force established under subsection (a)
shall include membership that reflects a broad diversity of experience
and expertise relating to prohibited harassment, including--
(1) employee advocates;
(2) researchers with expertise in organizational culture
change or reducing behavior related to harassment;
(3) legal practitioners with professional expertise related
to harassment litigation on behalf of employees;
(4) legal practitioners with experience serving as a chief
legal officer or human resource officer in a corporate legal
department;
(5) individuals with expertise in diversity and inclusion
initiatives;
(6) individuals who have experienced prohibited harassment
in employment; and
(7) labor organization leaders.
(c) Duties.--The Task Force shall--
(1) identify strategies and recommend proposals to prevent
prohibited harassment in employment; and
(2) provide guidance on effective strategies to prevent
prohibited harassment that are specific to industries in which
the Task Force determines that harassment is particularly
prevalent or severe.
(d) Report.--Not less than once every 5 years, the Commission shall
prepare and publish a report on the Commission's website, which shall
be based on the work of the Task Force and shall include--
(1) a review of the prevalence of prohibited harassment in
employment, including the results of the national prevalence
survey described in section 111;
(2) recommendations for Federal, State, and local
initiatives, reforms, and legislation to prevent prohibited
harassment in employment;
(3) assessments of the effectiveness of employment policies
designed to prevent prohibited harassment in employment by
changing behavior and culture;
(4) assessments of the effectiveness of processes for
investigations into prohibited harassment in employment;
(5) assessments of the effectiveness of different types of
training to reduce and prevent harassment in employment; and
(6) assessments of the effectiveness of other proactive
initiatives and interventions to reduce and prevent harassment
in employment.
SEC. 106. RESOURCE MATERIALS ON EMPLOYMENT CLIMATE ASSESSMENTS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Commission shall develop and make publicly available
resource materials for employers on assessing the employment climate,
including the occurrence of prohibited harassment in employment, in
order to assist such employers in determining the effectiveness of
measures the employer takes to prevent and address prohibited
harassment in employment.
(b) Employment Climate Survey.--Such resource materials shall
include a model survey regarding prohibited harassment in employment,
which shall be available for an employer to use (at the employer's
discretion and employer's expense) in order to assess the employment
climate. The model survey shall be--
(1) designed to assess employees' experiences related to
prohibited harassment in employment;
(2) fair, unbiased, and scientifically valid to the
greatest extent practicable;
(3) designed to solicit confidential submissions and to
provide data without revealing personally identifiable
information; and
(4) inclusive of individuals requi