[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