BE HEARD in the Workplace Act
Latest action · Nov 1, 2022 Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedNov 17, 2021
- Passed HouseNot reached
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
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.
Cosponsors 93
Members who signed on, in the order they did. Signatures ran from Nov 17, 2021 to Jul 22, 2022; 72 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-WA | Adam Smith | Original | Nov 17, 2021 |
| D-NY | Adriano Espaillat | Original | Nov 17, 2021 |
| D-FL | Al Lawson, Jr. | Original | Nov 17, 2021 |
| D-CA | Alan S. Lowenthal | Original | Nov 17, 2021 |
| D-IN | André Carson | Original | Nov 17, 2021 |
| D-MI | Andy Levin | Original | Nov 17, 2021 |
| D-NH | Ann M. Kuster | Original | Nov 17, 2021 |
| D-MA | Ayanna Pressley | Original | Nov 17, 2021 |
| D-CA | Barbara Lee | Original | Nov 17, 2021 |
| D-NJ | Bonnie Watson Coleman | Original | Nov 17, 2021 |
| D-MI | Brenda L. Lawrence | Original | Nov 17, 2021 |
| D-NY | Carolyn B. Maloney | Original | Nov 17, 2021 |
| D-MI | Daniel T. Kildee | Original | Nov 17, 2021 |
| D-IL | Danny K. Davis | Original | Nov 17, 2021 |
| D-MI | Debbie Dingell | Original | Nov 17, 2021 |
| D-FL | Debbie Wasserman Schultz | Original | Nov 17, 2021 |
| D-WA | Derek Kilmer | Original | Nov 17, 2021 |
| D-NV | Dina Titus | Original | Nov 17, 2021 |
| D-NJ | Donald M. Payne, Jr. | Original | Nov 17, 2021 |
| D-PA | Dwight Evans | Original | Nov 17, 2021 |
| D-TX | Eddie Bernice Johnson | Original | Nov 17, 2021 |
| D-DC | Eleanor Holmes Norton | Original | Nov 17, 2021 |
| D-MI | Elissa Slotkin | Original | Nov 17, 2021 |
| D-FL | Frederica S. Wilson | Original | Nov 17, 2021 |
| D-NY | Grace Meng | Original | Nov 17, 2021 |
| D-NY | Gregory W. Meeks | Original | Nov 17, 2021 |
| D-GA | Henry C. "Hank" Johnson, Jr. | Original | Nov 17, 2021 |
| D-CA | Jackie Speier | Original | Nov 17, 2021 |
| D-CT | Jahana Hayes | Original | Nov 17, 2021 |
| D-MA | Jake Auchincloss | Original | Nov 17, 2021 |
| D-NY | Jamaal Bowman | Original | Nov 17, 2021 |
| D-MD | Jamie Raskin | Original | Nov 17, 2021 |
| D-IL | Janice D. Schakowsky | Original | Nov 17, 2021 |
| D-IL | Jesús G. "Chuy" García | Original | Nov 17, 2021 |
| D-KY | John A. Yarmuth | Original | Nov 17, 2021 |
| D-CA | John Garamendi | Original | Nov 17, 2021 |
| D-CA | Judy Chu | Original | Nov 17, 2021 |
| D-CA | Julia Brownley | Original | Nov 17, 2021 |
| D-CA | Karen Bass | Original | Nov 17, 2021 |
| D-NY | Kathleen M. Rice | Original | Nov 17, 2021 |
| D-DE | Lisa Blunt Rochester | Original | Nov 17, 2021 |
| D-FL | Lois Frankel | Original | Nov 17, 2021 |
| D-MA | Lori Trahan | Original | Nov 17, 2021 |
| D-GA | Lucy McBath | Original | Nov 17, 2021 |
| D-PA | Madeleine Dean | Original | Nov 17, 2021 |
| D-IL | Marie Newman | Original | Nov 17, 2021 |
| D-WA | Marilyn Strickland | Original | Nov 17, 2021 |
| D-WI | Mark Pocan | Original | Nov 17, 2021 |
| D-PA | Mary Gay Scanlon | Original | Nov 17, 2021 |
| D-PA | Matt Cartwright | Original | Nov 17, 2021 |
| D-CA | Nanette Diaz Barragán | Original | Nov 17, 2021 |
| D-GA | Nikema Williams | Original | Nov 17, 2021 |
| D-CA | Norma J. Torres | Original | Nov 17, 2021 |
| D-OR | Peter A. DeFazio | Original | Nov 17, 2021 |
| D-VT | Peter Welch | Original | Nov 17, 2021 |
| D-WA | Pramila Jayapal | Original | Nov 17, 2021 |
| D-MI | Rashida Tlaib | Original | Nov 17, 2021 |
| D-AZ | Raúl M. Grijalva | Original | Nov 17, 2021 |
| D-IL | Robin L. Kelly | Original | Nov 17, 2021 |
| D-CA | Sara Jacobs | Original | Nov 17, 2021 |
| D-IL | Sean Casten | Original | Nov 17, 2021 |
| D-MA | Seth Moulton | Original | Nov 17, 2021 |
| D-TX | Sheila Jackson Lee | Original | Nov 17, 2021 |
| D-MA | Stephen F. Lynch | Original | Nov 17, 2021 |
| D-TN | Steve Cohen | Original | Nov 17, 2021 |
| D-WA | Suzan K. DelBene | Original | Nov 17, 2021 |
| D-OR | Suzanne Bonamici | Original | Nov 17, 2021 |
| D-TX | Sylvia R. Garcia | Original | Nov 17, 2021 |
| D-CA | Ted Lieu | Original | Nov 17, 2021 |
| D-NM | Teresa Leger Fernandez | Original | Nov 17, 2021 |
| D-NY | Thomas R. Suozzi | Original | Nov 17, 2021 |
| D-MA | William R. Keating | Original | Nov 17, 2021 |
| D-IN | Frank J. Mrvan | Nov 18, 2021 | |
| D-CA | Salud O. Carbajal | Nov 18, 2021 | |
| D-CA | Adam B. Schiff | Dec 2, 2021 | |
| D-GA | David Scott | Dec 2, 2021 | |
| D-CT | James A. Himes | Dec 2, 2021 | |
| D-TN | Jim Cooper | Dec 2, 2021 | |
| D-MD | Kweisi Mfume | Dec 2, 2021 | |
| D-CA | Tony Cárdenas | Dec 2, 2021 | |
| D-MN | Betty McCollum | Dec 7, 2021 | |
| D-OH | Marcy Kaptur | Dec 7, 2021 | |
| D-CA | Mark DeSaulnier | Jan 6, 2022 | |
| D-CA | Pete Aguilar | Jan 6, 2022 | |
| D-CT | Rosa L. DeLauro | Jan 6, 2022 | |
| D-NC | Alma S. Adams | Jan 28, 2022 | |
| D-ME | Chellie Pingree | Jan 28, 2022 | |
| D-NC | Kathy E. Manning | Jan 28, 2022 | |
| D-MN | Ilhan Omar | Feb 9, 2022 | |
| D-CA | Jared Huffman | Feb 18, 2022 | |
| D-GU | Michael F. Q. San Nicolas | Mar 21, 2022 | |
| D-WA | Rick Larsen | Mar 21, 2022 | |
| D-OR | Earl Blumenauer | Jul 22, 2022 |
Committees 5
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Education and Workforce Committee | Referred Nov 17, 2021 |
| House | Judiciary Committee | Referred Nov 17, 2021 |
| Administrative State, Regulatory Reform, and Antitrust Subcommittee | Referred Nov 1, 2022 | |
| Constitution and Limited Government Subcommittee | Referred Nov 1, 2022 | |
| House | Committee on House Administration | Referred Nov 17, 2021 |
| House | Oversight and Government Reform Committee | Referred Nov 17, 2021 |
| House | Veterans' Affairs Committee | Referred Nov 17, 2021 |
| Oversight and Investigations Subcommittee | Referred Nov 29, 2021 |
Actions 5
Everything that happened, newest first.
- Nov 1, 2022Referred to the Subcommittee on Antitrust, Commercial, and Administrative Law.
- Nov 1, 2022Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
- Nov 29, 2021Referred to the Subcommittee on Oversight and Investigations.
- Nov 17, 2021Introduced in House
- Nov 17, 2021Referred to the Committee on Education and Labor, and in addition to the Committees on the Judiciary, House Administration, Oversight and Reform, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Constitutional authority
The sponsor’s statement, as printed in the Congressional Record, vol. 167, no. 200, November 17, 2021, page H6370.
Related bills 3
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HR 2148 | BE HEARD in the Workplace Act | Reintroduction of | May 3, 2019 |
| S 3219 | BE HEARD in the Workplace Act | Identical bill | Nov 17, 2021 |
| S 3865 | BE HEARD in the Workplace Act | Cross-Congress related bill | Feb 12, 2026 |
Titles 3
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To prevent discrimination and harassment in employment.
- Short Title(s) as Introduced
- BE HEARD in the Workplace Act
- Bringing an End to Harassment by Enhancing Accountability and Rejecting Discrimination in the Workplace Act
Subjects
Assigned by the Library of Congress. Policy area: Labor and Employment.
Text 1
Each version as it was printed, newest first.
- Nov 17, 2021Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.