[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8146 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 8146

  To provide that certain agreements containing nondisclosure clauses 
 regarding claims of discrimination, harassment, and retaliation shall 
              not be enforceable, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 17, 2022

  Mrs. Carolyn B. Maloney of New York introduced the following bill; 
       which was referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
  To provide that certain agreements containing nondisclosure clauses 
 regarding claims of discrimination, harassment, and retaliation shall 
              not be enforceable, 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 ``Accountability for Workplace 
Misconduct Act''.

SEC. 2. EMPLOYER REQUIREMENTS PERTAINING TO CLAIMS OF DISCRIMINATION, 
              HARASSMENT AND RETALIATION.

    (a) Process.--Not later than 1 year after the date of the enactment 
of this Act, an employer shall establish a process for receiving and 
investigating allegations of discrimination, harassment and 
retaliation. Such process shall--
            (1) provide multiple methods (e.g., in writing, verbally, 
        or by electronic submission) for the employer to receive and 
        respond to a report of unlawful conduct under the laws 
        described in section 3,
            (2) allow employees to confidentially report unlawful 
        conduct,
            (3) be provided to each employee upon the beginning of 
        their employment and be prominently posted for employee 
        reference,
            (4) require prompt investigation of unlawful conduct 
        reported by an employee,
            (5) require notification to the employee of the initiation, 
        conclusion, and outcome of the investigation of such reported 
        unlawful conduct, and
            (6) make available (e.g., through an human resources 
        representative) factual information pertaining to support 
        services (including medical and mental health care, seeking 
        legal representation, information about legal rights) the 
        employee may choose to access.
    (b) Investigation.--An employer shall conduct a thorough and 
neutral investigation into any report of unlawful conduct made by an 
employee. Such investigation shall include--
            (1) appointing impartial individual or entity that is 
        adequately trained to investigate such conduct and notifying 
        the employee of the investigator, scope of the investigation, 
        and estimated time frame of the investigation,
            (2) notifying the employee of the initiation, conclusion, 
        and outcome of the investigation of the reported unlawful 
        conduct,
            (3) informing the employee of investigation status upon 
        request of the employee, and
            (4) to the greatest extent practicable, interviewing 
        witnesses or other individuals identified by the employee 
        claiming the misconduct under investigation.
    (c) Report.--The employer shall furnish a report to the employee 
that documents the procedure followed by the employer during an 
investigation into the unlawful conduct reported by the employee and 
that shows the investigation complied with the requirements of 
subsection (b).

SEC. 3. UNENFORCEABILITY OF CERTAIN SETTLEMENT AGREEMENTS CONTAINING 
              NONDISCLOSURE CLAUSES.

    (a) A nondisclosure clause included in a settlement agreement shall 
not be enforceable by an employer if--
            (1) it prohibits a party to such agreement from disclosing 
        information to Congress, a Federal, State, or a local 
        government entity, or a law enforcement entity, relating to 
        conduct that is unlawful, or that the employee has reason to 
        believe is unlawful, under--
                    (A) title VII of the Civil Rights Act of 1964 (42 
                U.S.C. 2000 seq.),
                    (B) section 6(d) of the Fair Labor Standards Act 
                (29 U.S.C. 206(d)),
                    (C) title I of the Americans with Disabilities Act 
                of 1990 (42 U.S.C. 12101 et seq.),
                    (D) sections 501 and 505 of the Rehabilitation Act 
                of 1973 (29 U.S.C. 791-792),
                    (E) the Age Discrimination in Employment Act of 
                1967 (29 U.S.C. 621 et seq.),
                    (F) title II of the Genetic Information Non-
                discrimination Act (29 U.S.C. 42 U.S.C. 2000ff-1 et 
                seq.), or
                    (G) the Government Employees Rights Act of 1991 (2 
                U.S.C. 1201-1224).
            (2) the employer has not communicated to the employee that 
        a nondisclosure agreement does not restrict disclosing 
        information to Congress, a Federal, State, or Local government 
        entity, or law enforcement,
            (3) the employer engages in behavior to intimidate, hinder, 
        obstruct, impede, retaliate against, or otherwise discourage an 
        employee subject to a nondisclosure agreement from 
        communicating with Congress, a Federal, State, or local 
        government entity, or law enforcement,
            (4) the employer includes terms in the nondisclosure 
        agreement that requires an employee to notify the employer 
        before disclosing information to Congress, a Federal, State or 
        Local government entity, or law enforcement,
            (5) the employer fails to include in such nondisclosure 
        agreement the following statement: ``Nothing in this agreement 
        prevents you from disclosing information to Congress, a 
        Federal, State, or Local government entity, or law enforcement 
        about behavior you reasonably believe constitutes harassment, 
        discrimination, or retaliation.'', or
            (6) the employer does not grant an employee at least 21 
        days to consider an agreement before such agreement takes 
        effect and allow the employee to rescind such agreement for up 
        to 7 days after the agreement takes effect.

SEC. 4. ENFORCEMENT.

    (a) The Equal Employment Opportunity Commission shall establish a 
process by which employees may report a violation of section 2.
    (b) The Equal Employment Opportunity Commission shall treat reports 
of such violations in a manner consistent with title VII of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e et seq.).
    (c) No later than 180 days after the date of the enactment of this 
Act, the Equal Employment Opportunity Commission shall issue rules that 
prescribe the requirements for employer compliance with, and employee 
notification of, the requirements of this Act.

SEC. 5. DEFINITIONS.

     For purposes of this Act:
            (1) Nondisclosure clause.--The term ``nondisclosure 
        clause'' means a provision in a settlement agreement that 
        forbids a party to such agreement to--
                    (A) make a disparaging statement about a party to 
                such agreement, relating to an allegation or report 
                relating to unlawful conduct described in section 3, or
                    (B) disclose information regarding the existence of 
                such allegation or such agreement or of any facts 
                relating to such allegation or such report.
            (2) Settlement.--The term ``settlement'' means an agreement 
        to settle an allegation of unlawful conduct described in 
        section 3 and that--
                    (A) applies to severance and separation agreements, 
                and
                    (B) precludes an employee from pursuing legal 
                redress associated with an allegation of unlawful 
                conduct described in section 3.

SEC. 6. APPLICATION.

    This Act shall apply with respect to agreements made before, on, 
and after the date of the enactment of this Act.
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