BE HEARD in the Workplace Act

Mandatory Nondiscrimination Policies: Employers with 15 or more employees must adopt and maintain comprehensive policies regarding prohibited discrimination and harassment, providing clear procedures for reporting and investigations (Sec. 101).

Nondiscrimination Training: The bill requires appropriate employers to provide interactive training for employees and specific training for supervisors to help prevent and respond to discrimination and retaliation (Sec. 102).

Resource Materials for Small Businesses: The Commission will provide model policies and training materials designed specifically for employers with fewer than 15 employees to assist them in creating better workplaces (Sec. 103).

Expanded Definitions of Sex Discrimination: The bill clarifies that sexual orientation, gender identity, sex stereotype, sex characteristics, and pregnancy/childbirth are included under unlawful sex discrimination (Sec. 201).

Protection for Tipped Employees: The bill establishes a higher base minimum wage for tipped employees and explicitly grants them the right to retain tips received (Sec. 121).

Broader Scope of Protected Individuals: Protections are expanded to include independent contractors, interns, fellows, volunteers, and trainees (Sec. 301).

Increased Legal Access: The bill provides for grants to assist low-income workers with civil legal needs related to employment discrimination (Sec. s 421-422) and establishes a system of state advocacy (Sec. 431).

Extended Time to File Claims: The bill extends the statutes of limitations for filing discrimination charges, allowing individuals more time to seek legal recourse (Sec. 207).

Protection of Settlement Agreements: The bill ensures that nondisparagement or nondisclosure clauses are only valid if they are knowing and voluntary, providing a required period of at least 21 days for consideration and a 7-day period for revocation (Section (C)).

Preservation of Rights to Report: Workers are explicitly protected from being prohibited from filing charges or complaints with federal, state, or local agencies, or participating in investigations (Section (vi) and (F)).

Safeguarding Against Coercion in Arbitration: The bill aims to prevent employers from forcing workers into arbitration agreements that prohibit them from joining class or collective claims (Section 303(a)(1)).

Increased Oversight of Federal Contractors: By requiring disclosures regarding legal judgments and increasing consultation with Labor Compliance Advisors, the bill seeks to ensure federal contractors maintain a satisfactory record of integrity and business ethics (Section 304(b)).

Support for Discrimination Prevention: The establishment of national grants allows for the education of workers on their rights and provides assistance to those bringing complaints regarding discrimination and harassment (Section s 412(b)).

Legal Aid for Vulnerable Workers: The provision of grants for civil legal needs allows low-income workers to receive legal advice, services, or representation regarding employment discrimination (Section 422(a)).

Empowerment of State Advocacy: The creation of a state-based system of advocacy provides a way for workers to have their rights protected and investigated at the state level (Section 434).

Fines for Policy Noncompliance: Employers who fail to adopt or maintain required nondiscrimination policies may face fines of up to $1,000 per offense, or at least $5,000 for repeated or willful violations (Sec. 101(d)).

Mandatory Training Requirements: Employers may be required to provide in-person or interactive training for all employees and specific training for supervisors (Sec. 102).

Employer Liability for Supervisors: Employers are held liable for the acts of individuals authorized to undertake tangible employment actions or direct daily work activities, as well as for negligence leading to a hostile environment (Sec. 206).

Restrictions on Nondisclosure and Nondisparagement: Employers are prohibited from using nondisclosure or nondisparagement clauses in contracts to cover prohibited discrimination or retaliation, which may impact how settlement or employment agreements are structured (Sec. 302).

Financial Limitations on Damages: While protecting workers, the bill specifies that in actions against the United States or a State, punitive damages are not available (Section (g)(4)(A)).

Restrictions on Nondisclosure Terms: The bill limits the ability to use nondisclosure clauses for financial terms to a specified period of time, which may impact how settlements are structured (Section (E)).

Compliance Burdens for Contractors: The requirements for disclosures, updates, and consultations with Labor Compliance Advisors create new procedural obligations for entities engaged in federal contracts (Section s 304(b) and (c)).