BE HEARD in the Workplace Act

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 sets forth provisions to prevent 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, and a sex stereotype; (2) prohibits employers from entering into contracts or agreements with workers that contain certain nondisparagement or nondisclosure clauses; (3) prohibits predispute arbitration agreements and postdispute agreements with certain exceptions, and (4) establishes grant programs to prevent and respond to workplace discrimination and harassment, provide legal assistance for low-income workers related to employment discrimination, and establish a system of legal advocacy in states to protect the rights of workers.

Additionally, the bill, among other things

• requires employers who have 15 or more employees to adopt a comprehensive nondiscrimination policy;
• 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;
• requires specified studies, reports, and research on prohibited harassment in employment; and
• grants employees the right to retain their tips.