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Congress·In Committee·S. 3865

BE HEARD in the Workplace Act

Senate Bill Would Extend Harassment Protections to Gig Workers, Ban Forced Arbitration

Legislative Progress

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President
Law

Key Points

  • This bill aims to stop workplace harassment by requiring all businesses with 15 or more workers to have clear anti-discrimination policies and provide regular training for employees and bosses. It also creates a new government office to help educate the public about their rights at work and how to report problems.
  • The law would expand legal protections to people who often are not covered by current rules, including independent contractors, interns, and volunteers. It also clarifies that federal law protects workers from being treated unfairly based on their sexual orientation or gender identity.
  • It makes it easier for workers to seek justice by extending the deadline to file a discrimination complaint from 180 days to 4 years. It also stops companies from forcing workers into private 'arbitration' and limits the use of 'hush money' agreements that prevent victims from speaking out about harassment.
  • For people who rely on tips, like restaurant servers, the bill phases out the lower 'tipped minimum wage' over several years. Eventually, these workers would be guaranteed the full federal minimum wage directly from their employer, while still being allowed to keep all the tips they earn.
  • The bill changes the legal standard for proving harassment. Instead of requiring behavior to be 'severe or pervasive' to be illegal, the law would focus on whether the conduct 'unreasonably alters' a person's working conditions. This makes it easier to hold employers accountable for toxic or hostile environments.
Labor EmploymentCivil RightsEconomy Finance

Impact Analysis

Personal Impact

Life & Work

The bill lowers the employer coverage threshold under Title VII from 15 employees to just 1 employee, meaning every business in the country — no matter how small — would be subject to federal anti-discrimination law. Small businesses would also face new mandatory nondiscrimination policy and training requirements, with fines of up to $1,000 per offense (or $5,000 for repeated/willful violations). While the bill provides free resource materials for businesses with fewer than 15 employees, compliance costs would still increase significantly.

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Programs

Disabilities

Milestones

2 milestones2 actions
Feb 12, 2026Senate

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Sent to a congressional committee for expert review. The committee decides whether this bill moves forward.

Feb 12, 2026

Introduced in Senate

The bill was officially filed and given a number. It now enters the legislative queue.

Votes

No votes have been recorded for this legislation yet.

Source Information

Document Type

Congressional Bill

Official Title

BE HEARD in the Workplace Act

Bill NumberS 3865
Congress119th Congress
ChamberSenate
Latest ActionRead twice and referred to the Committee on Health, Education, Labor, and Pensions.

Sponsor

Cosponsors

(20)
D: 19I: 1

Analysis generated by AI. Always verify with official sources.