H.R. 7583 — BE HEARD in the Workplace Act

This section requires each employer with 15 or more employees to adopt, maintain, and periodically review a comprehensive nondiscrimination policy—including harassment—beginning not later than one year after the date of enactment. The employer must disseminate the policy to each employee at the beginning of employment, annually, and upon updates; post it in prominent locations including the employer's website; and make it available in plain English and accessible formats for individuals with disabilities and those who primarily speak a language other than English. At a minimum, the policy must include (1) a definition of prohibited discrimination; (2) descriptions of prohibited behaviors; (3) identification of multiple reporting contacts; (4) multiple reporting methods; (5) a description of investigation and response procedures; (6) a prohibition on retaliation; (7) confidentiality protections; (8) potential consequences for violations; and (9) additional elements required by the Commission. This section imposes fines of up to $1,000 per separate offense for noncompliance and not less than $5,000 for repeated or willful violations and authorizes the Commission to promulgate regulations.

This section directs the Equal Employment Opportunity Commission (EEOC) to promulgate regulations requiring appropriate employers, as determined by the Commission, to provide (1) in-person or other interactive training for each employee on discriminatory behaviors, including harassment, in employment; and (2) training specifically designed for supervisors on preventing and responding to discrimination, including harassment and retaliation, in employment. The regulations must identify specific elements of such training (based on research on effective training) and provide remedies for employer noncompliance.

This section directs the Commission to make publicly available, not later than one year after the date of enactment, resource materials on comprehensive nondiscrimination policies—including harassment—and related trainings for employers with fewer than 15 employees. The materials must include, at a minimum, (1) model policies that are easily distributed, account for small employers' resources and employees' needs, are provided in plain English and accessible formats, define prohibited discrimination and retaliation (with examples), describe investigation procedures and consequences for violations, and address diverse workplace types; and (2) model trainings that similarly account for resources and needs, are available online in plain English and accessible formats, explain prohibited discrimination and retaliation, promote preventive behaviors and best practices (including industry-specific ones), and allow customization for individual workplaces.

This section authorizes the Equal Employment Opportunity Commission (EEOC) to (1) reasonably adjust fees charged for education, technical assistance, or training offered through the Technical Assistance Training Institute (established under section 705(j)(1) of the Civil Rights Act of 1964); (2) use materials developed for such programs in any Commission education and outreach activities; and (3) use the EEOC Education, Technical Assistance, and Training Revolving Fund (established under section 705(k) of the Civil Rights Act of 1964) to pay the full salaries of Commission employees developing and administering these programs.

This section directs the Commission to establish and periodically convene a harassment prevention task force to study prohibited harassment in employment. The task force must include diverse members such as employee advocates, researchers on organizational culture, employee- and employer-side legal practitioners, diversity experts, harassment survivors, and labor leaders; and must (1) identify strategies and recommend proposals to prevent such harassment, and (2) provide industry-specific guidance on effective prevention strategies. Not less than once every five years, the Commission must publish a report on its website—based on the task force's work—that reviews harassment prevalence (including results from the national survey under §111), recommends federal, state, and local initiatives and legislation, and assesses the effectiveness of anti-harassment policies, investigations, training, and other interventions.

This section directs the Equal Employment Opportunity Commission (EEOC) to develop and publicly release, not later than one year after enactment, resource materials for employers to assess workplace climate regarding prohibited harassment in employment and the effectiveness of related prevention measures. The materials must include a model survey—optional for employers to use at their own expense—that assesses employee experiences with prohibited harassment; is fair, unbiased, scientifically valid, confidential, and inclusive of individuals protected under sec. 301; and may cover harassment prevalence, familiarity with anti-harassment policies, overall employment climate, and related topics. Employer use of the survey is voluntary for employees, with no mandatory participation permitted, and the EEOC must periodically review and revise the materials and survey.

This section establishes an Office of Education and Outreach within the Equal Employment Opportunity Commission (EEOC) to (1) conduct outreach and education on prohibited employment discrimination, including harassment, under federal civil rights laws and available resources and remedies; and (2) conduct a multi-year public awareness campaign on the EEOC's purpose, resources to prevent discrimination, complaint filing process, and charge investigation process. Information disseminated under the campaign must be in plain English and accessible for individuals with disabilities and those who primarily speak a language other than English.

This section authorizes appropriations of such sums as necessary for the Commission to carry out its duties and activities under this subtitle.

This section directs the Bureau of the Census, the Equal Employment Opportunity Commission, and the Bureau of Labor Statistics to jointly develop a national prevalence survey on prohibited harassment in employment (i.e., harassment based on protected characteristics under federal law), to be administered by the Census Bureau not later than one year after enactment and every three years thereafter. The survey collects information on individuals' beliefs, attitudes, and understanding of such harassment, as well as the extent to which it is experienced or observed by individuals, supervisors, and employers. Not later than six months after each survey, the agencies must submit a report to the Senate Committee on Health, Education, Labor, and Pensions and the House Committee on Education and the Workforce that includes (1) the extent of harassment by protected characteristic—including sex (with separate and aggregate reporting for sexual orientation, gender identity, pregnancy, childbirth or related medical conditions, sex stereotypes, and sexual-in-nature harassment), race, color, religion, national origin, age, disability, genetic information, and uniformed services status, plus interactions among characteristics; (2) prevalence disaggregated by industry and salary level across all wage bands; and (3) economic impacts of such harassment; the report must be publicly available on the agencies' websites. This section authorizes necessary appropriations to the Census Bureau for survey administration and report preparation.

This section directs the Merit Systems Protection Board to submit a report to the Senate Committee on Health, Education, Labor, and Pensions and the House Committee on Education and the Workforce not later than one year after enactment of this Act and every three years thereafter. The report must assess (1) the prevalence of prohibited harassment behaviors among federal employees, disaggregated by wage band; (2) the monetary costs, attrition, and morale impacts of such harassment and civil rights violations; (3) the specific effects on federal employees with disabilities; (4) differences across federal agencies in policies, strategies, reporting, training, and practices to prevent and address harassment, as coordinated with the Equal Employment Opportunity Commission's Office of Federal Operations; (5) which agency practices have proven effective; and (6) joint recommendations from the Merit Systems Protection Board and that office to improve prevention and response. This section also authorizes appropriations to the Merit Systems Protection Board as necessary to carry out these requirements.

This section directs the U.S. Commission on Civil Rights to submit a report within one year of enactment to the Senate Committee on Health, Education, Labor, and Pensions and the House Committee on Education and the Workforce examining enforcement trends, barriers, best practices, and recommendations (including individual liability) for nondiscrimination laws prohibiting harassment, and changes in harassment experiences since those laws' passage. It further requires the National Institutes of Health (NIH) Director to enter into an agreement within 60 days of enactment with the National Academies of Sciences, Engineering, and Medicine for a study on preventing and addressing prohibited harassment in employment—including causes, impacts, training efficacy, risk factors, and successful strategies—with a report and recommendations submitted within one year of enactment to the specified committees, NIH, and made publicly available. Finally, it requires the NIH Director, within six months after that report and consulting the Commission and Labor Secretary, to support research (via grants, contracts, etc.) addressing gaps identified therein on causes, psychological effects, special populations, mental health risks, sociocultural factors, and prevention measures for prohibited harassment in employment; authorizes such sums as necessary for NIH to carry out this research.

This section revises the tip credit provisions under the Fair Labor Standards Act (FLSA) (i.e., the allowance for employers of tipped employees to pay a cash wage below the full minimum wage of $7.25 per hour in section 6(a)(1), provided tips make up the difference), effective on the first day of the third month after enactment. Specifically, it (1) increases the required minimum cash wage for tipped employees to $3.60 per hour (from $2.13) initially, then by the lesser of $1.50 or the amount needed to reach the full minimum wage each succeeding year until it equals the full minimum wage, after which it follows the full minimum wage; (2) clarifies that tipped employees have the right to retain all tips received and requires employers to inform employees of this right; (3) directs the Secretary of Labor to publish notices of cash wage increases in the Federal Register and on the Department's website at least 60 days prior; and (4) repeals the tip credit entirely (requiring full minimum wage payment in cash) effective one day after the phased cash wage reaches the full minimum wage, also striking the related notice requirement.

This section defines, for purposes of this subtitle, (1) the term "Director" as the Director of the Women's Bureau of the Department of Labor; and (2) the term "eligible entity" as a nonprofit organization (e.g., community-based organization, nonprofit legal aid organization, or labor organization) that provides services and support to workers, including by assisting workers in filing charges of employment discrimination, or an institution of higher education as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

This section directs the Director, in consultation with the Commission, to award competitive grants to eligible entities for programs preventing and addressing employment discrimination, including harassment, with each grant available for up to three years. Grant funds may support activities such as educating workers on rights and employers on obligations, assisting workers with complaints, establishing networks, and monitoring compliance—subject to prohibitions established by the Director via notice-and-comment rulemaking. Applications must describe program plans, targeted areas, outreach, training, and performance measures (with partnerships allowed); selection prioritizes entities serving high-risk industries or areas and those with relevant experience; and recipients must follow Director guidelines for performance evaluations.

This section establishes definitions for purposes of the subtitle, including (1) covered client as an eligible client facing legal issues related to harassment or other employment discrimination; (2) eligible client as having the meaning given in section 1002 of the Legal Services Corporation Act (42 U.S.C. 2996a) (i.e., any person financially unable to afford legal assistance) and Legal Services Corporation regulations; (3) eligible entity as a nonprofit organization or an individual licensed to practice law; and (4) Secretary as the Secretary of Labor.

This section authorizes the Secretary of Labor to award grants to eligible entities for up to five years (renewable for up to two additional years) to provide civil legal services related to employment discrimination to covered clients, regardless of citizenship or work authorization status. Grants may fund (1) advice, legal services, or representation; (2) assistance navigating federal, state, local, or private employment discrimination complaint processes; and (3) outreach to publicize services. Eligible entities must apply describing proposed services, intended covered clients, capacity (e.g., prior success representing clients in employment discrimination cases), and anticipated impact. The Secretary, in consultation with the Legal Services Corporation (LSC)—a federally funded nonprofit that supports civil legal aid for low-income individuals—awards grants based on criteria including the entity's understanding of covered clients' needs, knowledge of employment discrimination laws, resource access, service continuity, and other relevant factors. Awards prioritize equitable geographic distribution to urban and rural poverty areas for economical, effective service delivery. Not later than two years after enactment, the Secretary must report to the Senate Committee on Health, Education, Labor, and Pensions and the House Committee on Education and the Workforce on grant implementation, including services provided, clients served, legal issues addressed, and assessments of unmet legal needs among those unable to afford counsel.

This section states the purpose of the subtitle as providing allotments to support a system of advocacy in each state to protect the legal and human rights of workers in accordance with applicable federal, state, and local employment discrimination laws.

This section defines, for purposes of this subtitle, the term "record" to include employer or establishment reports on discrimination incidents and investigations, statistical information on employment decisions by protected characteristics (i.e., race, sex including sexual orientation and gender identity, religion, national origin, age, disability, genetic information, or others), records required under section 11(c) of the Fair Labor Standards Act (i.e., employer records of employee wages, hours, and employment conditions), and similar records; "Secretary" as the Secretary of Labor; and "State" to include the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands in addition to the 50 states.

This section directs the Secretary to allot funds appropriated under section 436—and not reserved under subsection (a)(5)—to states on a fiscal year basis to support protection and advocacy systems meeting requirements of section 434. (As background, such systems investigate abuse and neglect of, and advocate for the rights of, individuals with developmental disabilities or similar needs.) It specifies minimum state allotments of $200,000 ($100,000 for American Samoa, Guam, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands) if appropriations total at least $20 million, or $150,000 ($50,000 for those territories) if less than $20 million; provides for proportionate reductions if allotments exceed appropriations and for apportioning any excess funds to increase minimum allotments; and, if appropriations exceed $24.5 million, reserves up to 2% for technical assistance and provides a grant of $100,000 to an American Indian consortium for protection and advocacy services. It further authorizes reallotment of unused funds to other states (after 30 days' Federal Register notice and proportional to their original allotments, reduced for estimated needs); requires payments directly to compliant state systems; and makes unobligated funds available for the next fiscal year.

This section requires each state, as a condition of receiving an allotment under this subtitle, to establish a system to protect and advocate for the rights of workers who are or may be eligible for relief from applicable employment discrimination laws, including by designating an independent private nonprofit lead entity to administer the system. The lead entity must (1) pursue legal, administrative, and other remedies; provide information and referrals; (2) investigate incidents of discrimination, including systemic cases and workplace conditions; (3) annually develop and submit data-driven goals and priorities to the Secretary of Labor and solicit public comment on them and its activities; (4) maintain a client grievance procedure; (5) have access at reasonable times to relevant individuals and, not later than 3 business days after a written request, to their records (with authorization); (6) hire and maintain qualified staff without state-imposed restrictions on federally funded functions; (7) educate policymakers; and (8) use allotted funds to supplement, not supplant, nonfederal funds. This section further prohibits redesignation of the lead entity absent good cause, prior notice to the entity and its clients, public comment opportunities (in plain English and accessible formats), and appeal rights to the Secretary, with states covering client notice costs. Finally, this section authorizes the Secretary to allot funds directly to American Indian consortia to provide such services, treating them as systems required to coordinate with others in the same area.

This section establishes administrative requirements for the system described in section 434. Specifically, it (1) requires the system to be organized as a private nonprofit entity with a multimember governing board broadly representing individuals served by the system, including a majority who are attorneys representing workers, worker advocates, or workers who have experienced employment discrimination; not more than one-third appointed by the state chief executive; term limits; and vacancies filled within 60 days; (2) authorizes the system to sue states or their agencies on behalf of covered individuals, with any judgment amounts usable only to further the subtitle's purposes and not for legal contractor payments or personal bonuses; (3) directs the Secretary to provide public notice and solicit comments on any federal onsite review of the system, prepare a report including those comments, and distribute it to the state governor and other parties; and (4) requires each state system to submit annual reports to the Secretary beginning the fiscal year after enactment, detailing activities, accomplishments, expenditures, goal achievement and barriers, and public input processes (without disclosing personally identifiable information of assistance recipients).