HR 5994 · 117th Congress 2021–2023, ended

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.

  1. IntroducedNov 17, 2021
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. 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.

SeatCosponsorSigned on
D-WAAdam SmithOriginalNov 17, 2021
D-NYAdriano EspaillatOriginalNov 17, 2021
D-FLAl Lawson, Jr.OriginalNov 17, 2021
D-CAAlan S. LowenthalOriginalNov 17, 2021
D-INAndré CarsonOriginalNov 17, 2021
D-MIAndy LevinOriginalNov 17, 2021
D-NHAnn M. KusterOriginalNov 17, 2021
D-MAAyanna PressleyOriginalNov 17, 2021
D-CABarbara LeeOriginalNov 17, 2021
D-NJBonnie Watson ColemanOriginalNov 17, 2021
D-MIBrenda L. LawrenceOriginalNov 17, 2021
D-NYCarolyn B. MaloneyOriginalNov 17, 2021
D-MIDaniel T. KildeeOriginalNov 17, 2021
D-ILDanny K. DavisOriginalNov 17, 2021
D-MIDebbie DingellOriginalNov 17, 2021
D-FLDebbie Wasserman SchultzOriginalNov 17, 2021
D-WADerek KilmerOriginalNov 17, 2021
D-NVDina TitusOriginalNov 17, 2021
D-NJDonald M. Payne, Jr.OriginalNov 17, 2021
D-PADwight EvansOriginalNov 17, 2021
D-TXEddie Bernice JohnsonOriginalNov 17, 2021
D-DCEleanor Holmes NortonOriginalNov 17, 2021
D-MIElissa SlotkinOriginalNov 17, 2021
D-FLFrederica S. WilsonOriginalNov 17, 2021
D-NYGrace MengOriginalNov 17, 2021
D-NYGregory W. MeeksOriginalNov 17, 2021
D-GAHenry C. "Hank" Johnson, Jr.OriginalNov 17, 2021
D-CAJackie SpeierOriginalNov 17, 2021
D-CTJahana HayesOriginalNov 17, 2021
D-MAJake AuchinclossOriginalNov 17, 2021
D-NYJamaal BowmanOriginalNov 17, 2021
D-MDJamie RaskinOriginalNov 17, 2021
D-ILJanice D. SchakowskyOriginalNov 17, 2021
D-ILJesús G. "Chuy" GarcíaOriginalNov 17, 2021
D-KYJohn A. YarmuthOriginalNov 17, 2021
D-CAJohn GaramendiOriginalNov 17, 2021
D-CAJudy ChuOriginalNov 17, 2021
D-CAJulia BrownleyOriginalNov 17, 2021
D-CAKaren BassOriginalNov 17, 2021
D-NYKathleen M. RiceOriginalNov 17, 2021
D-DELisa Blunt RochesterOriginalNov 17, 2021
D-FLLois FrankelOriginalNov 17, 2021
D-MALori TrahanOriginalNov 17, 2021
D-GALucy McBathOriginalNov 17, 2021
D-PAMadeleine DeanOriginalNov 17, 2021
D-ILMarie NewmanOriginalNov 17, 2021
D-WAMarilyn StricklandOriginalNov 17, 2021
D-WIMark PocanOriginalNov 17, 2021
D-PAMary Gay ScanlonOriginalNov 17, 2021
D-PAMatt CartwrightOriginalNov 17, 2021
D-CANanette Diaz BarragánOriginalNov 17, 2021
D-GANikema WilliamsOriginalNov 17, 2021
D-CANorma J. TorresOriginalNov 17, 2021
D-ORPeter A. DeFazioOriginalNov 17, 2021
D-VTPeter WelchOriginalNov 17, 2021
D-WAPramila JayapalOriginalNov 17, 2021
D-MIRashida TlaibOriginalNov 17, 2021
D-AZRaúl M. GrijalvaOriginalNov 17, 2021
D-ILRobin L. KellyOriginalNov 17, 2021
D-CASara JacobsOriginalNov 17, 2021
D-ILSean CastenOriginalNov 17, 2021
D-MASeth MoultonOriginalNov 17, 2021
D-TXSheila Jackson LeeOriginalNov 17, 2021
D-MAStephen F. LynchOriginalNov 17, 2021
D-TNSteve CohenOriginalNov 17, 2021
D-WASuzan K. DelBeneOriginalNov 17, 2021
D-ORSuzanne BonamiciOriginalNov 17, 2021
D-TXSylvia R. GarciaOriginalNov 17, 2021
D-CATed LieuOriginalNov 17, 2021
D-NMTeresa Leger FernandezOriginalNov 17, 2021
D-NYThomas R. SuozziOriginalNov 17, 2021
D-MAWilliam R. KeatingOriginalNov 17, 2021
D-INFrank J. MrvanNov 18, 2021
D-CASalud O. CarbajalNov 18, 2021
D-CAAdam B. SchiffDec 2, 2021
D-GADavid ScottDec 2, 2021
D-CTJames A. HimesDec 2, 2021
D-TNJim CooperDec 2, 2021
D-MDKweisi MfumeDec 2, 2021
D-CATony CárdenasDec 2, 2021
D-MNBetty McCollumDec 7, 2021
D-OHMarcy KapturDec 7, 2021
D-CAMark DeSaulnierJan 6, 2022
D-CAPete AguilarJan 6, 2022
D-CTRosa L. DeLauroJan 6, 2022
D-NCAlma S. AdamsJan 28, 2022
D-MEChellie PingreeJan 28, 2022
D-NCKathy E. ManningJan 28, 2022
D-MNIlhan OmarFeb 9, 2022
D-CAJared HuffmanFeb 18, 2022
D-GUMichael F. Q. San NicolasMar 21, 2022
D-WARick LarsenMar 21, 2022
D-OREarl BlumenauerJul 22, 2022

Committees 5

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseEducation and Workforce Committee
Referred Nov 17, 2021
HouseJudiciary 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
HouseCommittee on House Administration
Referred Nov 17, 2021
HouseOversight and Government Reform Committee
Referred Nov 17, 2021
HouseVeterans' Affairs Committee
Referred Nov 17, 2021
Oversight and Investigations Subcommittee
Referred Nov 29, 2021

Actions 5

Everything that happened, newest first.

  1. Nov 1, 2022Referred to the Subcommittee on Antitrust, Commercial, and Administrative Law.
  2. Nov 1, 2022Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
  3. Nov 29, 2021Referred to the Subcommittee on Oversight and Investigations.
  4. Nov 17, 2021Introduced in House
  5. 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

Congress has the power to enact this legislation pursuant to the following: Article I, Section 8 of the Constitution of the United States.

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.

BillTitleRelationshipLatest action
HR 2148BE HEARD in the Workplace ActReintroduction ofMay 3, 2019
S 3219BE HEARD in the Workplace ActIdentical billNov 17, 2021
S 3865BE HEARD in the Workplace ActCross-Congress related billFeb 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.

  1. Nov 17, 2021Introduced in House

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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.