BE HEARD in the Workplace Act
Sponsored By: Senator Sen. Murray, Patty [D-WA]
Introduced
Summary
Prevent and reduce employment discrimination and harassment. This bill would create a broad federal framework that expands who is covered, tightens proof and remedy rules, and funds prevention, training, research, and enforcement.
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- Workers and families: Extends explicit protections to sexual orientation, gender identity, sex characteristics, and pregnancy‑related conditions and would cover independent contractors, interns, volunteers, and trainees. Many filing windows for discrimination claims would expand to up to 4 years, giving workers more time to bring claims.
- Employers and contractors: Requires employers with 15 or more employees to adopt searchable nondiscrimination policies and training within 1 year and creates contractor disclosure and monitoring duties. Noncompliance can bring civil fines up to $1,000 per offense and at least $5,000 for repeated or willful violations, and agencies must name Labor Compliance Advisors and update procurement rules within 9 months.
- Remedies, arbitration, and wages: Expands recoverable harms to include future losses and emotional distress and creates a unified mixed‑motive standard. The bill invalidates most pre‑dispute arbitration of work disputes, limits post‑dispute arbitration, and phases out the tipped subminimum wage beginning at $3.60/hour in year one with capped annual increases until tipped pay equals the standard minimum wage.
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Bill Overview
Analyzed Economic Effects
8 provisions identified: 5 benefits, 0 costs, 3 mixed.
Higher cash pay for tipped workers
If enacted, the bill would raise the required cash wage for tipped employees. The cash wage would be at least $3.60 per hour in the first year after the bill's effective date, then rise each year by up to $1.50 (or by the amount needed to match the regular federal minimum). One day after the tipped cash wage reaches the regular minimum, the separate tipped minimum would be repealed. The Department of Labor would have to post notice at least 60 days before any tipped‑wage increase.
New limits on forced arbitration
If enacted, the bill would make many predispute arbitration clauses that force work disputes into arbitration invalid. Courts, not arbitrators, would decide whether an arbitration agreement applies. Post‑dispute arbitration would also be invalid unless workers get written plain‑language notice, a right to refuse without retaliation, a full 45‑day waiting period after the final text, and a written affirmative consent. Workers could sue for retaliation for coerced arbitration agreements and recover attorneys' fees and other remedies.
National harassment survey and EEOC outreach
If enacted, the bill would direct the Census Bureau, EEOC, and BLS to run a national workplace harassment survey within one year and every three years after. They would publish reports that break out results by protected groups, industry, and pay level and include an economic impact analysis. The EEOC would also create training rules, plain‑language outreach materials, a model climate survey, and online training and small‑employer resources within one year.
Stronger harassment and discrimination rules
If enacted, the bill would expand what counts as workplace harassment and apply that test to many federal employment laws. It would let plaintiffs use a motivating‑factor standard across covered statutes and expand compensatory damages to include future lost earnings and emotional harms. The bill would also narrow some remedies when an employer proves it would have acted the same without the impermissible factor. The law would explicitly include sexual orientation and gender identity under 'sex' protections and extend nondiscrimination coverage to nonemployees like contractors, interns, volunteers, and many domestic workers. Filing windows for discrimination claims would be lengthened to up to four years in many cases.
Employer nondiscrimination policy duty
If enacted, the bill would require employers with 15 or more employees to adopt and keep a written nondiscrimination policy within one year. Employers would have to give the policy at hiring, yearly, when it changes, and post it (including on their website) in plain language and accessible formats. Required elements include reporting contacts, investigation procedures, anti‑retaliation rules, and confidentiality protections. Employers who fail to comply could face fines per offense, with higher fines for repeated or willful violations.
Limits on nondisclosure agreements
If enacted, the bill would limit when employers can use nondisclosure or nondisparagement clauses in settlement or separation agreements. Such clauses would be allowed only for past claims, must be knowing and voluntary (plain language, extra payment, 21 days to consider, 7‑day revocation), and must preserve a worker's right to file charges, take part in investigations, and sue in federal court. Damages for breaking a permitted clause would be capped at the value given to the worker.
New disclosure rules for federal contractors
If enacted, the bill would require offerors for covered federal contracts and subcontracts over $500,000 to say whether they had certain labor or civil‑rights findings in the prior three years. Subcontractors would update that information every six months. Contracting officers and Labor Compliance Advisors could require fixes, refuse options, terminate contracts, or refer matters for suspension and debarment. Agencies would consider these disclosures when making responsibility decisions.
State worker advocacy grants and rules
If enacted, the bill would create grant funding and allotments to support state protection‑and‑advocacy systems and legal assistance programs. States must designate an independent private nonprofit lead entity that meets board and independence rules to receive allotments. The Secretary would set allotment and reallotment rules, and competitive prevention and civil legal services grants would be available. Some funding rules tie minimum allotments to total appropriations thresholds.
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Sponsors & CoSponsors
Sponsor
Sen. Murray, Patty [D-WA]
WA • D
Cosponsors
Sen. Baldwin, Tammy [D-WI]
WI • D
Sponsored 2/12/2026
Sen. Booker, Cory A. [D-NJ]
NJ • D
Sponsored 2/12/2026
Richard Blumenthal
CT • D
Sponsored 2/12/2026
Rep. Blunt Rochester, Lisa [D-DE-At Large]
DE • D
Sponsored 2/12/2026
Sen. Durbin, Richard J. [D-IL]
IL • D
Sponsored 2/12/2026
Sen. Fetterman, John [D-PA]
PA • D
Sponsored 2/12/2026
Sen. Hirono, Mazie K. [D-HI]
HI • D
Sponsored 2/12/2026
Sen. Kaine, Tim [D-VA]
VA • D
Sponsored 2/12/2026
Amy Klobuchar
MN • D
Sponsored 2/12/2026
Sen. Luján, Ben Ray [D-NM]
NM • D
Sponsored 2/12/2026
Sen. Markey, Edward J. [D-MA]
MA • D
Sponsored 2/12/2026
Sen. Merkley, Jeff [D-OR]
OR • D
Sponsored 2/12/2026
Sen. Padilla, Alex [D-CA]
CA • D
Sponsored 2/12/2026
Sen. Sanders, Bernard [I-VT]
VT • I
Sponsored 2/12/2026
Chris Van Hollen
MD • D
Sponsored 2/12/2026
Sen. Warren, Elizabeth [D-MA]
MA • D
Sponsored 2/12/2026
Sen. Whitehouse, Sheldon [D-RI]
RI • D
Sponsored 2/12/2026
Sen. Wyden, Ron [D-OR]
OR • D
Sponsored 2/12/2026
Sen. Schiff, Adam B. [D-CA]
CA • D
Sponsored 3/11/2026
Sen. Alsobrooks, Angela D. [D-MD]
MD • D
Sponsored 3/2/2026
Roll Call Votes
No roll call votes available for this bill.
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