BE HEARD in the Workplace Act

Mandatory Nondiscrimination Policies: Employers with 15 or more employees must adopt and maintain comprehensive policies that define prohibited discrimination and describe reporting methods, which provides employees with clear procedures for addressing issues (Section 101).

Nondiscrimination Training: The bill allows for required training for all employees and specific training for supervisors to help prevent and respond to harassment (Section 102).

Clarification of Sex Discrimination: The Act clarifies that sexual orientation and gender identity discrimination are considered unlawful sex discrimination, providing clearer protections for these groups (Section 201).

Expanded Protections for Various Workers: Protections are extended to include independent contractors, interns, fellows, volunteers, and trainees (Section 301).

Improved Access to Legal Resources: The bill includes provisions for grants to assist low-income workers with civil legal needs related to employment discrimination (Section 422) and to help educate workers on their rights and assist in bringing complaints (Section 412(b)).

Wage Adjustments for Tipped Employees: The Act establishes a schedule for increasing the cash wage for tipped employees toward the standard minimum wage (Section 121).

Increased Statute of Limitations: The bill extends the time periods during which individuals can file charges or complaints regarding discrimination (Section 207).

Protections for Workers' Rights to Report: The bill ensures that nondisclosure or nondisparagement clauses cannot stop a worker from filing a charge with the Commission or other agencies, or from testifying in legal proceedings (Section 2(A)(vi)).

Ensuring Meaningful Consent: To make agreements "knowing and voluntary," the bill requires that workers be advised in writing to consult an attorney, be given at least 21 days to consider a proposal, and have a 7-day period to revoke their agreement (Section 2(C)(iv-vi)).

Limiting Financial Burdens of Breach: The bill stipulates that a worker cannot be required to pay damages for breaching a clause that exceeds the actual value provided to them in the agreement (Section 2(G)).

Restoring Rights to Legal Forums: By prohibiting many predispute arbitration agreements, the bill allows workers to pursue work disputes in appropriate legal forums rather than being forced into arbitration (Section 302(a)(1)).

Increased Transparency for Federal Contractors: Federal contractors are required to disclose whether they have had recent legal judgments or administrative determinations against them regarding labor or civil rights violations (Section 304(b)(1)(A)).

Fines for Non-compliance: Employers who fail to adopt required nondiscrimination policies may face fines of up to $1,000 per offense, or at least $5,000 for repeated or willful violations (Section 101).

Workplace Survey Requirements: While the bill provides resources for employment climate assessments, it specifies that employers may not compel employees to participate in these surveys (Section 106).

Limitations on Nondisclosure of Financial Terms: While financial terms can be kept private for a limited time, they are no longer subject to permanent or indefinite nondisclosure through certain clauses (Section 2(E)).

Restrictions on Employer Autonomy in Agreements: Employers are prohibited from unilaterally including clauses that solely benefit the establishment in a separation or settlement agreement (Section 2(B)).

Compliance Burdens for Federal Contractors: Contractors and subcontractors must provide regular updates regarding their legal and labor compliance history, which includes a requirement to report information every 6 months (Section 304(b)(1) and (c)(1)).

Administrative Requirements for State Systems: States must establish and maintain a specific "lead entity" and a system of advocacy that meets various federal requirements to receive allotments (Section 434).