S 3219 · 117th Congress 2021–2023, ended

BE HEARD in the Workplace Act

Latest action · Nov 17, 2021 Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

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 SenateNot reached
  3. Passed HouseNot 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 21

Members who signed on, in the order they did. All signed on Nov 17, 2021.

SeatCosponsorSigned on
D-CAAlex PadillaOriginalNov 17, 2021
D-MNAmy KlobucharOriginalNov 17, 2021
D-NMBen Ray LujánOriginalNov 17, 2021
D-MDBenjamin L. CardinOriginalNov 17, 2021
I-VTBernard SandersOriginalNov 17, 2021
D-MDChris Van HollenOriginalNov 17, 2021
D-NJCory A. BookerOriginalNov 17, 2021
D-MAEdward J. MarkeyOriginalNov 17, 2021
D-MAElizabeth WarrenOriginalNov 17, 2021
D-NVJacky RosenOriginalNov 17, 2021
D-ORJeff MerkleyOriginalNov 17, 2021
D-NYKirsten E. GillibrandOriginalNov 17, 2021
D-HIMazie K. HironoOriginalNov 17, 2021
D-CTRichard BlumenthalOriginalNov 17, 2021
D-ILRichard J. DurbinOriginalNov 17, 2021
D-PARobert P. Casey Jr.OriginalNov 17, 2021
D-ORRon WydenOriginalNov 17, 2021
D-OHSherrod BrownOriginalNov 17, 2021
D-WITammy BaldwinOriginalNov 17, 2021
D-ILTammy DuckworthOriginalNov 17, 2021
D-VATim KaineOriginalNov 17, 2021

Committees 1

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

ChamberCommitteeWhat it did
SenateHealth, Education, Labor, and Pensions Committee
Referred Nov 17, 2021

Actions 2

Everything that happened, newest first.

  1. Nov 17, 2021Introduced in Senate
  2. Nov 17, 2021Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Related bills 3

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
S 1082BE HEARD in the Workplace ActReintroduction ofApr 9, 2019
S 3865BE HEARD in the Workplace ActCross-Congress related billFeb 12, 2026
HR 5994BE HEARD in the Workplace ActIdentical billNov 1, 2022

Titles 3

Every title it has carried, official and short, at each stage.

Official Title as Introduced
A bill 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 Senate

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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.