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BE HEARD in the Workplace Act
12/30/2022, 8:18 AM
Summary of Bill HR 5994
The BE HEARD in the Workplace Act includes several key provisions. One important aspect of the bill is the requirement for employers to conduct annual training on preventing harassment and discrimination in the workplace. This training would cover topics such as recognizing and addressing harassment, promoting diversity and inclusion, and creating a safe and respectful work environment.
Additionally, the bill aims to strengthen protections for workers who experience harassment or discrimination. It would extend the statute of limitations for filing a complaint with the Equal Employment Opportunity Commission (EEOC) from 180 days to 4 years. This would give workers more time to come forward and seek justice for any mistreatment they have experienced. Furthermore, the BE HEARD in the Workplace Act would prohibit mandatory arbitration agreements in employment contracts for harassment and discrimination claims. This means that employees would have the option to take their claims to court rather than being forced to settle disputes through arbitration. Overall, the BE HEARD in the Workplace Act seeks to empower workers and hold employers accountable for creating a safe and inclusive work environment. It aims to prevent harassment and discrimination in the workplace and provide better support and protections for those who experience mistreatment.
Congressional Summary of HR 5994
Bringing an End to Harassment by Enhancing Accountability and Rejecting Discrimination in the Workplace Act or the BE HEARD in the Workplace Act
This bill expands protections against discrimination and harassment in the workplace and raises the minimum wage for tipped employees.
Specifically, the bill (1) makes it an unlawful employment practice to discriminate against an individual in the workplace based on sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, or a sex stereotype; and (2) provides a statutory definition for what constitutes workplace harassment. Further, these protections apply to all workplaces, regardless of size, and to all workers, including independent contractors, interns, volunteers, and trainees.
The bill prohibits employers from entering into contracts or agreements with workers that contain certain nondisparagement or nondisclosure clauses and prohibits certain predispute arbitration agreements and postdispute agreements. It also establishes grant programs to (1) prevent and respond to workplace discrimination and harassment, (2) provide legal assistance for low-income workers, and (3) establish a system of legal advocacy in states to protect the rights of workers.
The bill further provides employees the right to retain their tips and it increases, in specified annual increments, the minimum wage for tipped employees to match the federal minimum wage for nontipped employees.
Additionally, the bill requires the Equal Employment Opportunity Commission to provide specified training and resource materials, establish and convene a harassment prevention task force, and establish an Office of Education and Outreach with regard to prohibited discrimination and harassment in employment.
The bill also requires specified studies, reports, and research on prohibited workplace harassment.
