S 3865 United States Senate · 119th Congress

BE HEARD in the Workplace Act

# Summary of Workplace Discrimination and Harassment Legislation This comprehensive bill expands protections against workplace discrimination and harassment while strengthening enforcement mechanisms for workers. Key provisions include: 1. **Expanded Protections (Section 301)**: - Extends anti-discrimination protections to independent contractors, interns, fellows, volunteers, and trainees under major civil rights laws - Creates "covered establishment" definition for entities engaging these workers 2. **Nondisclosure/Nondisparagement Clause Ban (Section 302)**: - Prohibits employers from requiring workers to sign nondisclosure or nondisparagement clauses covering harassment or discrimination - Establishes strict requirements for settlement agreements (including 21-day consideration period, 7-day revocation period, and clear written disclosure) - Protects workers' right to report harassment to the EEOC without penalty 3. **Arbitration Restrictions (Section 303)**: - Bans mandatory pre-dispute arbitration agreements that prevent class or collective actions - Establishes new requirements for post-dispute arbitration agreements - Allows workers to sue employers who violate these provisions 4. **Federal Contractor Compliance (Section 304)**: - Requires federal contractors to disclose past violations of labor and civil rights laws - Establishes Labor Compliance Advisors at executive agencies - Creates a system for monitoring contractor compliance with labor laws 5. **Grant Programs (Sections 401-436)**: - Creates national grants to prevent and address employment discrimination - Establishes grants for legal assistance for low-income workers facing discrimination - Creates a system of state advocacy for workers' rights through state-level systems The bill aims to strengthen worker protections against discrimination and harassment while expanding access to legal remedies and creating new mechanisms for enforcement and prevention. It also includes provisions to ensure federal contractors comply with labor and civil rights laws and establishes new reporting requirements for contractors with past violations.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2026
Committee Review
Floor Vote
President
Introduced Feb 12, 2026 Last action Feb 12, 2026