Protections and Transparency in the Workplace Act
This bill requires issuers of securities to disclose regularly information related to claims of
In investigating claims of discrimination or harassment, an issuer must hire an independent, third-party law firm agreed to by all parties involved.
Issuers must implement discrimination and harassment training programs for employees, conduct an annual survey of employees to determine whether employees feel safe, and establish an anonymous whistleblower tip line.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6157 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 6157
To amend the Securities Exchange Act of 1934 to require public
companies to provide sexual harassment claim disclosures in certain
reports, to require public companies to implement mandatory sexual
harassment training, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 1, 2023
Mr. Lieu (for himself and Ms. Ocasio-Cortez) introduced the following
bill; which was referred to the Committee on Financial Services
_______________________________________________________________________
A BILL
To amend the Securities Exchange Act of 1934 to require public
companies to provide sexual harassment claim disclosures in certain
reports, to require public companies to implement mandatory sexual
harassment training, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protections and Transparency in the
Workplace Act''.
SEC. 2. COVERED DISCRIMINATION AND HARASSMENT DISCLOSURES.
(a) Definition.--Section 3(a) of the Securities Exchange Act of
1934 (15 U.S.C. 78c(a)) is amended--
(1) by redesignating the second paragraph (80) (related to
funding portals) as paragraph (81); and
(2) by adding at the end the following:
``(82) Covered discrimination and harassment.--The term
`covered discrimination and harassment' means--
``(A) discrimination because of race, color,
religion, sex (including sexual orientation and gender
identity), or national origin under title VII of the
Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.);
``(B) discrimination because of age under the Age
Discrimination in Employment Act of 1967 (29 U.S.C. 621
et seq.);
``(C) discrimination on the basis of disability
under--
``(i) title I of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12111 et
seq.); or
``(ii) section 501 of the Rehabilitation
Act of 1973 (29 U.S.C. 791);
``(D) discrimination because of genetic information
under title II of the Genetic Information
Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et
seq.);
``(E) discrimination on the basis of status
concerning service in a uniformed service under section
4311(a) of title 38, United States Code;
``(F) sexual harassment; or
``(G) sexual assault or abuse.''.
(b) Disclosures.--Section 13 of the Securities Exchange Act of 1934
(15 U.S.C. 78m) is amended by adding at the end the following:
``(t) Covered Discrimination and Harassment Disclosures.--
``(1) Annual and quarterly disclosures.--Each issuer
required to file an annual or quarterly report under subsection
(a) shall disclose, in each such report, the following:
``(A) In general.--
``(i) The number of covered discrimination
and harassment claims received within the
reporting period.
``(ii) The current number of covered
discrimination and harassment claims being
investigated at the time of the report.
``(iii) The number of covered
discrimination and harassment claims that were
resolved within the reporting period.
``(iv) The number of settlements in
connection with covered discrimination and
harassment claims within the reporting period.
``(v) The number of court judgements in
connection with covered discrimination and
harassment claims within the reporting period.
``(vi) The aggregate amount of payments
made in connection with covered discrimination
and harassment claims, including payments made
by persons other than the issuer (including
amounts that may have been paid under an
insurance policy or directly by an employee of
the issuer).
``(vii) The outcomes of all adjudicated
covered discrimination and harassment cases,
including which party was the prevailing party
or, if there was no prevailing party, whether
there was a settlement with no admission of
guilt.
``(B) Additional disclosures.--
``(i) The number of repeat settlements of
covered discrimination and harassment claims
with respect to a specific individual.
``(ii) The efforts taken by the issuer,
including mandatory covered discrimination and
harassment training, to prevent the
perpetration of harassment, discrimination, or
abuse by employees.
``(iii) The average length of time it takes
for the issuer to resolve covered
discrimination and harassment claims.
``(C) Inclusion of related entities.--
``(i) In general.--In making any disclosure
under this paragraph, the issuer shall
disclosure such information with respect to
itself as well as any parent, subsidiary, or
affiliate.
``(ii) Data format.--In making any
disclosure under this paragraph, the issuer
shall report each of the following sets of
data:
``(I) In an aggregated format
including the disclosures with respect
to the issuer and all parents,
subsidiaries, and affiliates of the
issuer.
``(II) The aggregate of the
disclosures for all parents,
subsidiaries, and affiliates of the
issuer.
``(III) Separate disclosures for
the issuer and each parent, subsidiary,
or affiliate.
``(2) Attestation requirement.--Each issuer required to
file an annual or quarterly report under subsection (a) shall
include with such report a separate attestation by the general
counsel, the chief financial officer, the chief executive
officer, and each member of the board of directors of the
issuer that the issuer--
``(A) has in place policies and systems to ensure
that the management of the issuer is aware of the
requirements of this subsection, section 14C, and
section 14D, and any rules issued thereunder; and
``(B) is in compliance with such requirements and
rules.
``(3) Current reports.--
``(A) In general.--Each issuer required to file
current reports under this section shall--
``(i) file such a report each time the
issuer enters or exits any agreement related to
the resolution of a covered discrimination and
harassment claim against the issuer (or a
parent, subsidiary, or other affiliate of the
issuer); and
``(ii) state in such report whether the
agreement involved a claim against an employee
who has had 2 or more previous covered
discrimination and harassment claims made
against them.
``(B) Redactions.--In making a report required
under subparagraph (A), the issuer--
``(i) may redact the names of specific
individuals involved with the agreement; and
``(ii) unless the issuer has received
consent from a complainant, shall redact the
name of the complainant.
``(4) Claim defined.--In this subsection, the term `claim'
means any allegation, assertion, or formal legal action.''.
SEC. 3. INDEPENDENT AND IMPARTIAL INVESTIGATORY REQUIREMENTS.
The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is
amended by inserting after section 14B the following:
``SEC. 14C. INDEPENDENT AND IMPARTIAL INVESTIGATORY REQUIREMENTS.
``(a) In General.--In investigating any covered discrimination and
harassment claim, an issuer shall engage and pay for a third-party law
firm to investigate reports of covered discrimination and harassment on
an impartial, fact-finding basis rather than at the direction of or
scope defined by the issuer.
``(b) Selection of Law Firm.--In choosing the third-party law firm
to be engaged under subsection (a), the issuer may only choose a law
firm agreed to by all employees involved with the claim.
``(c) Claim Defined.--In this section, the term `claim' means any
allegation, assertion, or formal legal action.''.
SEC. 4. MANDATORY COVERED DISCRIMINATION AND HARASSMENT TRAINING,
INCLUDING BYSTANDER TRAINING, AND WORKPLACE SURVEY.
The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), as
amended by section 3, is further amended by inserting after section 14C
the following:
``SEC. 14D. MANDATORY COVERED DISCRIMINATION AND HARASSMENT TRAINING,
INCLUDING BYSTANDER TRAINING, AND WORKPLACE SURVEY.
``(a) Workplace Training Programs.--
``(1) In general.--Each covered issuer shall develop and
disseminate workplace training programs to educate employees at
all levels, no matter what position, about what constitutes
prohibited covered discrimination and harassment, how to report
covered discrimination and harassment, how to prevent covered
discrimination and harassment, and what rights employees have
with respect to covered discrimination and harassment.
``(2) Special training for certain employees.--Each
training program developed under paragraph (1) shall require
separate training for managers and human resources employees.
``(3) Specific contents of training program.--Each training
program developed under paragraph (1) shall contain the
following:
``(A) An explanation of what constitutes covered
discrimination and harassment.
``(B) An explanation of how covered discrimination
and harassment can impact victims.
``(C) The rights of individuals with respect to
covered discrimination and harassment and how to report
it.
``(D) How individuals, including bystanders who
encounter covered discrimination and harassment, can
intervene or report covered discrimination and
harassment and what their rights are should they
report.
``(E) How employers and managers can prevent
covered discrimination and harassment from occurring in
the workplace.
``(F) An identification of available resources for
making complaints, including contact information for
the head of human resources, contact information for
the whistleblower tip line established under this
section, and other public resources where further
information can be obtained, such as law enforcement
agencies, hospitals, and mental health resources.
``(4) Frequency of training.--Each training program
developed under paragraph (1) shall--
``(A) require new employees to complete the
training program not later than 60 days after the
employee assumes their position;
``(B) require all employees to complete the
training program once annually; and
``(C) require any employee found to have committed
covered discrimination and harassment to retake the
training as soon as possible.
``(b) Annual Survey.--Each covered issuer shall conduct an annual
survey of the issuer's employees to determine--
``(1) whether employees feel safe;
``(2) whether employees would be comfortable reporting
sexual harassment; and
``(3) if there are ways the issuer could create better
avenues for employees to report sexual harassment.
``(c) Use of Outside Law Firms.--
``(1) In general.--Each covered issuer shall contract with
a third-party law firm to carry out the workplace training
program required under subsection (a) and the annual survey
required under subsection (b).
``(2) Sense of congress.--It is the sense of the Congress
that covered issuers should use the same law firm to carry out
the annual survey and the workplace training program.
``(d) Whistleblower Tip Line.--Each covered issuer shall--
``(1) establish an anonymous whistleblower tip line for
employees; and
``(2) with respect to any report made to the tip line,
immediately provide the report to the general counsel of the
issuer, the head of human resources for the issuer, and the
members of the board of directors of the issuer.
``(e) Definitions.--In this section:
``(1) Covered issuer.--The term `covered issuer' means an
issuer of a security registered pursuant to section 12.
``(2) Employee.--With respect to an issuer, the term
`employee' means--
``(A) an employee of the issuer, including a
volunteer or other individual working for the issuer
without pay; and
``(B) an independent contractor who is contracting
with the issuer, and each employee of the independent
contractor, including a volunteer or other individual
working for the contractor without pay.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Financial Services.
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