# 119-s-3865: BE HEARD in the Workplace Act 119-s-3865, BE HEARD in the Workplace Act, is a 119th Congress bill sponsored by Sen. Murray, Patty [D-WA] (D-WA); status introduced; PRIA reads it as touching household money (as of 2026-04-21). - Canonical: https://policyrisk.com/legislation/119-s-3865 - As of: 2026-04-21 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Bill: 119-s-3865 - Congress: 119 - Title: BE HEARD in the Workplace Act - Status: introduced - Introduced: 2026-02-12 - Sponsor: Sen. Murray, Patty [D-WA] (D-WA) - Cosponsors: 20 - Policy area: Labor and Employment - Touches household money: yes - Last recorded action: 2026-04-21 ## 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. - 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. ## Cosponsors (20) - Sen. Baldwin, Tammy [D-WI] (D-WI), 2026-02-12T00:00:00.000Z - Sen. Booker, Cory A. [D-NJ] (D-NJ), 2026-02-12T00:00:00.000Z - Sen. Blumenthal, Richard [D-CT] (D-CT), 2026-02-12T00:00:00.000Z - Sen. Blunt Rochester, Lisa [D-DE] (D-DE), 2026-02-12T00:00:00.000Z - Sen. Durbin, Richard J. [D-IL] (D-IL), 2026-02-12T00:00:00.000Z - Sen. Fetterman, John [D-PA] (D-PA), 2026-02-12T00:00:00.000Z - Sen. Hirono, Mazie K. [D-HI] (D-HI), 2026-02-12T00:00:00.000Z - Sen. Kaine, Tim [D-VA] (D-VA), 2026-02-12T00:00:00.000Z - Sen. Klobuchar, Amy [D-MN] (D-MN), 2026-02-12T00:00:00.000Z - Sen. Luján, Ben Ray [D-NM] (D-NM), 2026-02-12T00:00:00.000Z - Sen. Markey, Edward J. [D-MA] (D-MA), 2026-02-12T00:00:00.000Z - Sen. Merkley, Jeff [D-OR] (D-OR), 2026-02-12T00:00:00.000Z - Sen. Padilla, Alex [D-CA] (D-CA), 2026-02-12T00:00:00.000Z - Sen. Sanders, Bernard [I-VT] (I-VT), 2026-02-12T00:00:00.000Z - Sen. Van Hollen, Chris [D-MD] (D-MD), 2026-02-12T00:00:00.000Z - Sen. Warren, Elizabeth [D-MA] (D-MA), 2026-02-12T00:00:00.000Z - Sen. Whitehouse, Sheldon [D-RI] (D-RI), 2026-02-12T00:00:00.000Z - Sen. Wyden, Ron [D-OR] (D-OR), 2026-02-12T00:00:00.000Z - Sen. Schiff, Adam B. [D-CA] (D-CA), 2026-03-11T00:00:00.000Z - Sen. Alsobrooks, Angela D. [D-MD] (D-MD), 2026-03-02T00:00:00.000Z ## Provisions PRIA read - Higher cash pay for tipped workers: benefit, high. 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… - New limits on forced arbitration: benefit, high. 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 r… - National harassment survey and EEOC outreach: benefit, high. 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 E… - Employer nondiscrimination policy duty: benefit, medium. 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.… - Limits on nondisclosure agreements: benefit, medium. 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 mus… - Stronger harassment and discrimination rules: mixed, high. 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 w… - New disclosure rules for federal contractors: mixed, medium. 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… - State worker advocacy grants and rules: mixed, medium. 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 al… ## Related bills - 119-s-5066: Health Equity and Accountability Act of 2026 - 119-s-51: Washington, D.C. Admission Act - 119-s-5108: Right to IVF Act of 2026 - 119-s-1503: Equality Act - 119-s-852: Richard L. Trumka Protecting the Right to Organize Act of 2025 - 119-s-2150: Women’s Health Protection Act of 2025 ## Sources - [119-s-3865 on Congress.gov](https://www.congress.gov/bill/119th-congress/senate-bill/3865) ## Related - [119-s-5066: Health Equity and Accountability Act of 2026](https://policyrisk.com/legislation/119-s-5066) - [119-s-51: Washington, D.C. Admission Act](https://policyrisk.com/legislation/119-s-51) - [119-s-5108: Right to IVF Act of 2026](https://policyrisk.com/legislation/119-s-5108) - [119-s-1503: Equality Act](https://policyrisk.com/legislation/119-s-1503) - [119-s-852: Richard L. Trumka Protecting the Right to Organize Act of 2025](https://policyrisk.com/legislation/119-s-852) - [119-s-2150: Women’s Health Protection Act of 2025](https://policyrisk.com/legislation/119-s-2150) - [All bills in Congress](https://policyrisk.com/legislation) Source: PRIA, https://policyrisk.com/legislation/119-s-3865 (as of 2026-04-21).