BE HEARD in the Workplace Act
- Bill Number
- H.R. 7583
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Labor and Employment
- Status
- Introduced
- Latest Action
- 2026-02-13: Referred to the Committee on Education and Workforce, and in addition to the Committees on the Judiciary, House Administration, Oversight and Government Reform, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Last Updated
- 2026-06-04T08:07:58Z
AI-Generated Summary
Summary of H.R. 7583: BE HEARD in the Workplace Act
Purpose
The legislation aims to prevent and reduce workplace discrimination, including harassment, by updating and clarifying federal employment nondiscrimination laws. It seeks to promote best practices for harassment-free workplaces, expand workers' access to legal counsel and advocacy services, and address vulnerabilities in specific sectors like tipped employment. Overall, it enhances accountability for employers while protecting workers' rights under laws like Title VII of the Civil Rights Act of 1964.
Key Provisions
The bill is structured into five titles, focusing on prevention, enforcement, expanded protections, and funding.
- Title I: Researching and Preventing Workplace Discrimination, Including Harassment; Tipped Employees
- Requires employers with 15+ employees to adopt and disseminate comprehensive nondiscrimination policies (with fines for noncompliance) and provide interactive training on harassment prevention.
- Mandates the Equal Employment Opportunity Commission (EEOC) to develop resources for small businesses (fewer than 15 employees), establish a harassment task force, create an Office of Education and Outreach, and conduct national surveys and studies on harassment prevalence.
- Directs research on federal government harassment and best practices for prevention.
- For tipped employees, phases in a higher base minimum wage (starting at $3.60/hour, increasing to match the full federal minimum wage) and ensures workers retain all tips, with eventual repeal of the separate tipped wage.
- Title II: Strengthening Workplace Rights
- Clarifies that discrimination based on sexual orientation, gender identity, sex stereotypes, sex characteristics, pregnancy, childbirth, or related conditions is unlawful under sex discrimination laws.
- Lowers the employee threshold for coverage under Title VII from 15 to 1 employee.
- Expands compensatory and punitive damages for violations, including nonpecuniary losses like emotional pain.
- Codifies harassment as an unlawful practice, using a "totality of circumstances" standard (considering factors like frequency, severity, and power dynamics) rather than requiring "severe or pervasive" conduct in isolation.
- Establishes employer liability for supervisor harassment (if the supervisor can affect employment terms or due to employer negligence) and retaliatory environments.
- Extends statutes of limitations for filing charges from 180/300 days to 4 years (or 4 years and 120 days in deferral states) and aligns federal employee complaint timelines.
- Title III: Broadening Protections and Ensuring Transparency
- Extends antidiscrimination protections to independent contractors, interns, fellows, volunteers, and trainees (even without pay), including those engaged via interstate commerce.
- Prohibits nondisclosure or nondisparagement clauses in employment agreements that cover harassment or discrimination (with exceptions for mutual settlement agreements that meet strict "knowing and voluntary" criteria, like 21-day review periods).
- Bans predispute mandatory arbitration for work disputes (e.g., discrimination claims) and limits postdispute arbitration unless voluntarily agreed after a 45-day waiting period; protects concerted (group) legal actions.
- Requires federal contractors (contracts over $500,000) to disclose labor/civil rights violations, implement compliance measures, and face potential debarment; reinstates and updates related regulations.
- Title IV: Nationwide Grants to Prevent and Respond to Workplace Discrimination
- Subtitle A: Awards competitive grants to nonprofits and educational institutions for education, training, outreach, and compliance monitoring to prevent harassment.
- Subtitle B: Provides grants to nonprofits and attorneys for civil legal aid to low-income workers facing employment discrimination, prioritizing unmet needs.
- Subtitle C: Allocates funds to state advocacy systems (nonprofit-led) for investigating complaints, pursuing remedies, and educating on rights; includes minimum allotments and technical assistance.
- Title V: General Provisions
- Includes a severability clause to ensure the act remains effective if any part is invalidated.
Significant Changes to Existing Law
- Expanded Definitions and Coverage: Amends Title VII, the Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Genetic Information Nondiscrimination Act (GINA), and others to explicitly define harassment as altering employment terms (e.g., creating a hostile environment) and include motivations like "mixed motives" (where discrimination is one factor among others). Lowers Title VII's employer size threshold from 15 to 1 employee.
- Proof Standards: Shifts from requiring discrimination as the "sole cause" to a "motivating factor" standard, easing worker burdens while limiting remedies in mixed-motive cases (e.g., no damages if the same action would occur absent discrimination).
- Liability and Enforcement: Introduces negligence-based employer liability for harassment; extends timelines for claims; prohibits forced arbitration and restrictive NDAs, overriding parts of the Federal Arbitration Act.
- Tipped Wages: Gradually eliminates the subminimum wage for tipped workers under the Fair Labor Standards Act, aligning it with the full minimum wage.
- Federal Contractors: Revives and strengthens Executive Order 13673's "Fair Pay and Safe Workplaces" requirements, mandating violation disclosures and compliance advisors in agencies.
- Grants and Advocacy: Creates new funding streams for prevention, legal aid, and state-level systems, supplementing existing EEOC and Department of Labor (DOL) roles.
Potential Impacts
- Government Agencies: Increases workload and funding for EEOC (e.g., new office, surveys, regulations) and DOL (e.g., tipped wage enforcement, grant administration); requires agencies to appoint Labor Compliance Advisors and update procurement rules, potentially raising administrative costs but improving oversight of contractors.
- Citizens (Workers and Employers): Workers gain stronger protections, easier access to courts, longer filing windows, and free legal aid, potentially reducing harassment and improving workplace safety—especially for low-wage, tipped, or non-traditional workers (e.g., contractors). Employers face higher compliance burdens (policies, training, disclosures), fines, and litigation risks, which could increase costs for small businesses but encourage proactive prevention.
- International Relations: Minimal direct impact, though enhanced U.S. labor standards may influence trade negotiations or multinational corporate practices by promoting global antidiscrimination norms.
Main Stakeholders Affected
- Workers: Primary beneficiaries, including low-income, tipped, LGBTQ+, pregnant, disabled, older, and minority employees; independent contractors, interns, and volunteers now covered.
- Employers and Businesses: All sizes (especially small firms via resources), federal contractors (stricter compliance), and covered establishments (e.g., those using interstate commerce for non-employees).
- Government Entities: EEOC (expanded duties), DOL (grants, tipped wage rules), federal agencies (procurement changes), and states (advocacy systems).
- Nonprofits and Legal Aid Organizations: Eligible for grants to provide education, advocacy, and representation.
- Unions and Advocacy Groups: Empowered through protected concerted actions and task force involvement.
Notable Legal, Constitutional, or Political Implications
- Legal: Codifies Supreme Court precedents (e.g., Meritor Savings Bank v. Vinson on hostile environments) while overriding narrow lower-court interpretations; eases proof burdens but preserves employer defenses. Challenges may arise over arbitration bans (potentially conflicting with Federal Arbitration Act) or state immunity waivers (under the 11th Amendment).
- Constitutional: Abrogates state sovereign immunity for suits under new nondisclosure rules; ensures Religious Freedom Restoration Act does not undermine Title VII claims. No direct First Amendment issues, but NDA limits could spark free speech debates.
- Political: Advances progressive workplace reforms amid #MeToo movement, but may face opposition from business groups over costs and litigation increases. Bipartisan potential in harassment prevention, though arbitration and tipped wage changes could polarize along labor vs. employer lines; requires appropriations for full implementation.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Pressley, Ayanna [D-MA-7]
Cosponsors (22)
Rep. Garcia, Sylvia R. [D-TX-29], Rep. Strickland, Marilyn [D-WA-10], Rep. Tlaib, Rashida [D-MI-12], Rep. Clarke, Yvette D. [D-NY-9], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Scanlon, Mary Gay [D-PA-5], Rep. Lee, Summer L. [D-PA-12], Rep. Ramirez, Delia C. [D-IL-3], Rep. Pingree, Chellie [D-ME-1], Rep. Simon, Lateefah [D-CA-12], Rep. Brownley, Julia [D-CA-26], Rep. DeSaulnier, Mark [D-CA-10], Rep. Chu, Judy [D-CA-28], Rep. McGovern, James P. [D-MA-2], Rep. Wasserman Schultz, Debbie [D-FL-25], Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. Barragán, Nanette Diaz [D-CA-44], Rep. Carson, André [D-IN-7], Rep. Thanedar, Shri [D-MI-13], Rep. Schakowsky, Janice D. [D-IL-9], Rep. Omar, Ilhan [D-MN-5], Rep. Randall, Emily [D-WA-6]
Recent Actions
- 2026-02-13: Referred to the Committee on Education and Workforce, and in addition to the Committees on the Judiciary, House Administration, Oversight and Government Reform, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-02-13: Referred to the Committee on Education and Workforce, and in addition to the Committees on the Judiciary, House Administration, Oversight and Government Reform, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-02-13: Referred to the Committee on Education and Workforce, and in addition to the Committees on the Judiciary, House Administration, Oversight and Government Reform, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-02-13: Referred to the Committee on Education and Workforce, and in addition to the Committees on the Judiciary, House Administration, Oversight and Government Reform, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-02-13: Referred to the Committee on Education and Workforce, and in addition to the Committees on the Judiciary, House Administration, Oversight and Government Reform, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-02-13: Introduced in House
- 2026-02-13: Introduced in House
Bill Versions
- Bringing an End to Harassment by Enhancing Accountability and Rejecting Discrimination in the Workplace Act — issued 2026-02-13 — PDF (173 pages)