[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