Congress·In Committee·S. 3865

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

BE HEARD in the Workplace Act

about 1 month ago·View on Congress.gov

Part of: Congress Proposes Sweeping Labor Reforms and Workplace Harassment Protections

Legislative Progress

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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

Who is affectedScoreImpactCertaintyScopeDurationSentiment

Scores: 1 = low, 5 = highSentiment: -5 to +5 (net benefit)

Milestones

2 milestones2 actions

Feb 12, 2026Senate

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

Feb 12, 2026

Introduced in Senate

What Happens Next

Projected impacts based on AI analysis

About 1 year after enactment

Employers with 15+ workers must adopt comprehensive nondiscrimination policies; EEOC publishes small business resources and workplace climate assessment materials

Most workplaces would be required to have formal anti-harassment policies, complaint procedures, and training. Workers would know exactly how to report problems and what to expect when they do.

About 3 months after enactment, with annual increases thereafter

Tipped minimum wage begins phased increase starting at $3.60/hour, rising by $1.50/year until it matches the full federal minimum wage

Restaurant servers, bartenders, and other tipped workers would start seeing higher base pay from their employers. Over several years, the separate tipped minimum wage would be eliminated entirely, and all workers would earn at least the full federal minimum wage before tips.

Upon enactment

Ban on mandatory predispute arbitration for work disputes takes effect; statute of limitations for filing discrimination charges extends to 4 years

Workers who experience discrimination or harassment can no longer be forced into private arbitration instead of going to court. They also get much more time — 4 years instead of 180 days — to file a complaint, giving them a better chance to seek justice.

Related News

2 articles

The Hill·almost 7 years ago

Democrats introduce sweeping bill to combat workplace harassment

House and Senate Democrats introduced the BE HEARD Act, a comprehensive bill to address workplace harassment by extending civil rights protections to more workers, banning mandatory arbitration, and limiting the use of non-disclosure agreements.

Forbes·almost 7 years ago

Democrats Introduced A New Bill That Would Expand Protections Against Workplace Harassment

The 'Be Heard Act' would extend federal discrimination laws to domestic workers, independent contractors, and interns. It also seeks to eliminate the tipped minimum wage and end mandatory arbitration clauses that prevent victims from seeking justice in court.

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Related Bills

1 bill

H.R. 7583Identical bill

BE HEARD in the Workplace Act

Feb 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.