BE HEARD in the Workplace Act
Sponsored By: Senator Murray, Patty [D-WA]
Introduced
Summary
Would codify workplace harassment as unlawful across major federal employment laws and explicitly add sexual orientation and gender identity to sex‑based protections. It would also require employer policies and training, expand who is covered, limit nondisclosure clauses, and boost data, enforcement, and legal help for workers.
Show full summary
- Workers and covered individuals: The bill would extend protections to independent contractors, interns, volunteers, trainees, unpaid applicants, and certain domestic workers and would explicitly include sexual orientation and gender identity. It would also lengthen administrative filing windows to 4 years (and in some cases to 4 years and 120 days).
- Employers and workplaces: Employers with 15 or more employees would have to adopt, post, and periodically review a plain‑language nondiscrimination and anti‑harassment policy within 1 year and EEOC would set required interactive training standards.
- Government, research, and enforcement: The bill would create a national harassment survey every 3 years, fund grants and state advocacy systems for legal and prevention services, ban most predispute arbitration for work disputes, and require a 45‑day waiting period for postdispute arbitration consent.
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Bill Overview
Analyzed Economic Effects
6 provisions identified: 4 benefits, 0 costs, 2 mixed.
Stronger civil-rights protections for workers
If enacted, federal workplace civil-rights laws would cover employers with as few as one employee and would extend protections to independent contractors, interns, volunteers, trainees, and applicants, even if unpaid. The bill would add a clear legal definition of workplace harassment that includes sexual orientation and gender identity, and make a single serious incident count in some cases. People could seek broader remedies — compensatory damages could cover future lost earnings and pain and suffering, and ADEA claims would get Title VII-style remedies. The bill would also lengthen many filing windows to about 4 years and bar the Religious Freedom Restoration Act as a defense to Title VII claims.
Ban on forced workplace arbitration
If enacted, any agreement that forces workers to arbitrate a workplace dispute before a dispute arises would be invalid. Workers could sign arbitration after a dispute only if they get plain written notice, a 45-day waiting period, and give written consent; the time to sue would be paused during that waiting period. The bill would create a civil cause of action for retaliation for refusing arbitration and require courts, not arbitrators, to decide whether an agreement applies.
Tipped wage phased up to minimum
If enacted, the federal tipped cash wage would be $3.60 per hour for the first year. Each year after, the tipped wage would rise by the lesser of $1.50 or the amount needed to reach the federal minimum wage until it equals the minimum. One day after parity is reached, the special tipped-wage rule would end. Employers must tell workers they have the right to keep tips, and the Department of Labor must publish notice at least 60 days before any increase.
New grants and state worker programs
If enacted, the bill would create federally supported state systems and independent nonprofit lead entities to help workers with discrimination claims, investigations, and referrals. The Department would make yearly allotments to States with minimum grants that depend on total appropriations (for example, if at least $20 million is appropriated, most States would get at least $200,000 and some territories $100,000), allow carryover, and reallot unused amounts. The Labor Department and Women's Bureau would run competitive grant programs for legal services and prevention programs; grantees must help clients regardless of citizenship. The EEOC, Census, NIH, and National Academies would run surveys and research, and the Merit Systems Protection Board would report on harassment among federal employees.
Employer duties, training, and penalties
If enacted, employers with 15 or more employees would need a written nondiscrimination policy within one year, must give it at hire and annually, and could face fines up to $1,000 per offense or at least $5,000 for repeated or willful violations. The EEOC would set rules requiring interactive employee and supervisor training and could require remedies for noncompliance. Employers could not force workers to take employer discrimination surveys. The bill would let investigators and courts use broader records and statistics and hold employers liable when authorized people create or maintain a hostile work environment; following policy or training would not be a complete defense in court.
Labor and civil-rights disclosure for contractors
If enacted, companies bidding on federal contracts worth more than $500,000 would have to say whether they had certain administrative findings, arbitral awards, or civil judgments for labor or civil-rights violations in the prior 3 years. Subcontractors must update that information every 6 months while their subcontract lasts, and contractors must update every 6 months after award. Contracting officers could require corrective actions, refuse options, terminate contracts, or refer firms for suspension or debarment based on the disclosures.
Sponsors & CoSponsors
Sponsor
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
Sen. Blumenthal, Richard [D-CT]
CT • D
Sponsored 2/12/2026
Sen. Blunt Rochester, Lisa [D-DE]
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
Sen. Van Hollen, Chris [D-MD]
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
Roll Call Votes
No roll call votes available for this bill.
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