The first section of the bill provides the official title of the act, which is called the “Bringing an End to Harassment by Enhancing Accountability and Rejecting Discrimination in the Workplace Act,” also known as the “BE HEARD in the Workplace Act.”

The text outlines the table of contents for an Act focusing on combating workplace discrimination and harassment with provisions for research, training, legal assistance, and grants. It includes measures to protect the rights of various workers, enhance transparency, and provide resources dedicated to preventing discrimination and assisting low-income workers with related legal needs.

The purposes of this Act are to prevent and reduce discrimination and harassment in workplaces, improve workplace practices to ensure fairness, update nondiscrimination laws, and provide better access for workers to legal advice to protect their rights.

The section defines the term "Commission" as the Equal Employment Opportunity Commission, and the term "employer" as what is stated in the Civil Rights Act of 1964, with updates from this specific Act.

Employers with 15 or more employees must have a detailed nondiscrimination policy within a year of the law's enactment, which outlines what discrimination is, how to report it, and how it will be addressed, while also prohibiting retaliation. This policy must be accessible to all, reviewed regularly, made available in different languages, and failure to comply can result in fines, with higher penalties for repeated or willful violations.

The section requires the Commission to create rules mandating that certain employers provide training for employees on behaviors related to discrimination and harassment at work, including special training for supervisors on prevention and response. These rules will be based on effective research, and the Commission will establish regulations to address noncompliance.

The section mandates that within a year, the Commission must provide resource materials on nondiscrimination policies and training specifically for small businesses with fewer than 15 employees. These materials will include model policies and training content to help prevent and address workplace discrimination and harassment, with special consideration for accessibility, language, and the diverse needs of various workplace structures.

The Commission has the power to adjust fees for training and assistance programs, use its own materials for education and outreach, and fund employees' salaries from a specific fund to run these programs, all in line with the guidelines of the Civil Rights Act of 1964.

The bill requires the establishment of a Task Force to tackle harassment in workplaces. This group will study harassment issues, recommend prevention strategies, and produce a report every five years detailing the state of harassment, assessing different preventive measures, and suggesting further actions.

The section outlines that the Commission must create and publicly share resources to help employers assess their work environment for harassment issues. These resources will include a model survey to gauge employee experiences with harassment while ensuring confidentiality, and employers cannot force employees to participate in such surveys. The Commission will also update these resources as needed.

The section establishes an Office of Education and Outreach within the Equal Employment Opportunity Commission to educate the public about discrimination laws and how to report violations. It also requires the office to run a public awareness campaign, providing accessible information in multiple languages and formats for people with disabilities.

Compliance with sections 101 or 102, or using materials from this part of the law, does not serve as a valid legal defense if accused of breaking employment nondiscrimination laws.

The section authorizes the allocation of necessary funds to the Commission to fulfill its responsibilities and activities as outlined in the law.

The document describes a plan for the Bureau of the Census, the Commission, and the Bureau of Labor Statistics to create and conduct a national survey on employment harassment. This survey aims to collect detailed information about the experiences and impacts of harassment across various demographics, and a report on the findings will be publicly available.

The section requires the Merit Systems Protection Board to conduct a study on harassment within the Federal Government and report its findings to Congress. The report should cover the occurrence of harassment, its effects, differences in agency practices, successful prevention strategies, and provide recommendations for improvements, with the necessary funding provided to carry out these tasks.

The bill section mandates two studies and reports: one by the U.S. Commission on Civil Rights examining the enforcement of nondiscrimination laws against harassment, and another by the National Academies of Sciences, Engineering, and Medicine evaluating methods to prevent workplace harassment. The findings from these studies aim to identify effective practices and suggest improvements, with further research funded by the National Institutes of Health to explore gaps in understanding harassment risk factors and prevention strategies.

This section of the bill amends the Fair Labor Standards Act of 1938 to gradually increase the base minimum wage for tipped employees, ensures they can keep their tips, requires employers to inform employees of these rights, and mandates the government to announce wage increases. Eventually, it eliminates the separate minimum wage for tipped employees and aligns it with the standard wage under section 6(a)(1).

The section of the bill clarifies that discrimination based on sexual orientation and gender identity is considered unlawful sex discrimination under the Civil Rights Act of 1964. It expands definitions and protections against discrimination in employment and other areas, ensuring individuals are not treated unfairly based on these attributes.

Section 701A states that Section 1106 will also apply to this title, but wherever it mentions an “unlawful practice,” it should be read as referring to an “unlawful employment practice.”

The section explains that specific parts of the Civil Rights Act of 1964 are applicable to this title, but it clarifies that references in the Act to grounds for discrimination are expanded to include age and disability, in addition to race, color, religion, sex, and national origin.

Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 are extended to apply to section 201 of this Act, including any related remedial provisions. In this context, references to protected characteristics are expanded to include not only race, color, religion, and sex but also age and disability.

The section clarifies that certain parts of the Civil Rights Act of 1964, concerning discrimination protections, also apply to this new chapter. However, it expands these protections to also cover age, disability, marital status, and political affiliation, alongside the original categories like race, gender, and national origin.

In Title VII of the bill, key terms are defined, including "race," which covers various aspects related to an individual's identity and those they associate with, and "gender identity," referring to one's personal sense of gender, which may differ from their sex at birth. The rules ensure fair treatment regarding pregnancy and guarantee access to facilities that align with an individual's gender identity.

The section clarifies that nothing in certain legal provisions should be interpreted to limit protections against discrimination based on pregnancy, childbirth, or sex under Federal laws, and it emphasizes that claims for unlawful practices, including those related to gender identity and sex stereotypes, remain intact and are not restricted by these laws. Additionally, it's made clear that Federal laws prohibiting sex-based discrimination also protect against discrimination related to gender identity and related conditions.

The section states that the Religious Freedom Restoration Act of 1993 cannot be used to make a claim or defend against a claim under title VII, nor can it be used to question how title VII is applied or enforced.

Section 202 amends the Civil Rights Act of 1964 by changing the definition of "covered employers" from those with at least fifteen employees to those with at least one employee.

The section amends existing laws to clarify that compensatory damages can be awarded for various non-economic losses like emotional pain and suffering related to civil rights and disability claims. It also updates the Age Discrimination in Employment Act to align with certain procedures and remedies offered under the Civil Rights Act of 1964.

The section discusses the problem of workplace harassment and discrimination based on factors like race, gender, and disability, highlighting past court cases and laws. It aims to establish clearer legal standards for identifying and addressing workplace harassment under various laws, ensuring broad protections against discrimination.

The bill section updates several laws, including the Americans with Disabilities Act, Age Discrimination in Employment Act, and others, to clarify that workplace discrimination claims can be proven when a factor like race, age, or disability was a motivating reason for an employment decision, even if other factors were also involved. It also specifies that complainants do not need to prove that the discrimination was the sole cause, but evidence should be enough for a reasonable person to identify discrimination, and certain limits are placed on remedies if an employer proves it would have made the same decision regardless of the discriminatory factor.

The text outlines proposed amendments to various laws to establish that employers are responsible for harassment that creates a hostile work environment if the harasser was authorized by the employer to take significant actions affecting the victim or direct their daily activities, or if employer negligence led to such an environment. It emphasizes that this applies across several acts, including civil rights, age discrimination, disabilities, and genetic information nondiscrimination, ensuring that hostile and retaliatory environments are addressed consistently.

The section extends the time limits for filing claims related to certain employment discrimination laws. It allows individuals to file claims within 4 years, instead of the shorter limits previously set, for unlawful practices under the Civil Rights Act, Americans with Disabilities Act, Genetic Information Nondiscrimination Act, and Age Discrimination in Employment Act.

The section extends the time limit for federal employees to file discrimination complaints, giving them up to four years to take action. It applies to federal employees or applicants involved with cases under the Civil Rights Act, Age Discrimination in Employment Act, Rehabilitation Act, and Genetic Information Nondiscrimination Act.

This section specifies that independent contractors, interns, fellows, volunteers, and trainees should receive the same employment protections as traditional employees under various U.S. labor laws, even if they are unpaid. It also clarifies that these protections apply to anyone involved in interstate commerce and that the definition of "interstate commerce" aligns with that found in the Fair Labor Standards Act of 1938.

This section defines terms related to nondisclosure and nondisparagement agreements, outlining unlawful practices for employers who use these clauses to cover up discrimination or harassment, and providing guidelines for when such clauses can be included in settlement agreements. It also specifies enforcement powers and procedures against employers and covered establishments, protections for workers to report concerns, and states that states and the federal government can be sued if they violate these rules.

The bill section prohibits employers from enforcing agreements that prevent employees from participating in group legal actions and establishes rules for arbitration agreements related to work disputes. It states that agreements made before a dispute cannot force arbitration, while agreements made after a dispute can only be enforced if specific conditions are met, such as a waiting period and written consent, and it allows workers to take legal action if retaliated against for refusing such arbitration.

The section defines several key terms used in the chapter, such as "commerce," "employee," and "employer," based on the Fair Labor Standards Act of 1938. It also clarifies what "covered entity," "predispute arbitration agreement," "postdispute arbitration agreement," "worker," and "work dispute" mean, with details on different types of work-related disagreements and their legal contexts.

Under SEC. 502, arbitration agreements related to work disputes are usually not valid. To be enforceable, postdispute arbitration agreements must meet specific conditions, such as being voluntary and giving the worker a clear option to refuse without retaliation. Additionally, if an employer retaliates, the worker can take legal action within a set timeframe. This rule covers various workers, including those in domestic services.

The section outlines rules for federal contractors valued over $500,000 to disclose any labor or civil rights violations from the past three years before being awarded a contract. It establishes compliance measures, reporting obligations, and assigns Labor Compliance Advisors to ensure adherence to labor laws, while also setting up an online system for contractors to manage these requirements.

In this section, several terms are defined, including "Commission" as the Equal Employment Opportunity Commission, "covered establishment" and "employer" as defined elsewhere, "employment discrimination" as a violation of specific laws like the Civil Rights Act of 1964, and "worker" as detailed in another section.

The section provides definitions for terms used in the subtitle, specifying that the "Director" refers to the Director of the Women's Bureau at the Department of Labor, and an "eligible entity" refers to certain nonprofit organizations and institutions of higher education that support workers, including helping them with employment discrimination charges.

Under Section 412 of the bill, the Director, in collaboration with the Commission, will award competitive grants to eligible entities to help prevent and address employment discrimination, including harassment. These grants can be used for activities like educating workers and employers about discrimination rights and obligations, assisting with discrimination complaints, and monitoring compliance with civil rights laws, with funds available for up to three years.

The section authorizes funding for the Director, allowing them to have allocated whatever amounts are needed to implement the provisions of this part of the law.

The section defines several important terms: "covered client" is an eligible person facing issues like harassment or discrimination at work; "eligible client" refers to a definition in a specific legal act; "eligible entity" can be a nonprofit or a licensed lawyer; and "Secretary" refers to the Secretary of Labor.

The section outlines a grant program where the Secretary can provide financial aid to organizations that help people with employment discrimination issues, regardless of their citizenship status. These grants can last between one and five years and focus on ensuring accessible and effective legal assistance in both urban and rural areas based on need, with organizations required to submit detailed plans to qualify for funding.

The section authorizes the government to allocate necessary funds to implement the goals outlined in this part of the law.

The purpose of this section is to give funds to create a system in each state that helps protect workers' legal and human rights according to federal, state, and local laws about employment discrimination.

In this section, several important terms are defined: “record” refers to any document related to employment discrimination reports, investigations, and statistical data on worker characteristics; “Secretary” is defined as the Secretary of Labor; and “State” includes all U.S. states plus territories like Puerto Rico and Guam.

The section describes how the Secretary will distribute federal funds to States for specific systems outlined under section 434. It details minimum allotments, conditions for increasing or reducing these allotments, and procedures for reallocating unused funds. Additionally, it explains that unobligated funds can be used by States in the following fiscal year and mentions support for technical assistance and grants for American Indian consortiums if certain funding thresholds are met.

The section outlines requirements for states to receive federal funding for worker protection systems. It mandates the establishment of an independent lead entity to advocate for worker rights, the possibility of investigating employment discrimination, and the development of annual goals and plans. In addition, it discusses responsibilities for American Indian consortiums wishing to participate.

The section describes the organization and responsibilities of a private nonprofit system with a governing board that supports workers, particularly those facing employment discrimination. It outlines the board's composition and appointment process, the system's ability to take legal action, the Secretary's requirement for public notice regarding onsite reviews, and the requirement for yearly reporting to the Secretary about the system’s activities and spending, while protecting personal information.

The section provides authorization for necessary funding to be allocated according to section 433.

If any part of this Act, or changes made by it, is found to be unconstitutional, the rest of the Act and its amendments will still remain valid and enforceable for other people and situations.