The "Bringing an End to Harassment by Enhancing Accountability and Rejecting Discrimination in the Workplace Act," or the BE HEARD in the Workplace Act, seeks to prevent and reduce prohibited discrimination and harassment in employment. Its core purposes include identifying and implementing best practices, updating and clarifying nondiscrimination laws, and expanding workers' access to counsel and advocacy services.

Title I focuses on prevention and research, requiring employers with 15 or more employees to adopt and disseminate comprehensive nondiscrimination policies and provide training. The Equal Employment Opportunity Commission (EEOC) is tasked with developing resource materials for small businesses, offering education and technical assistance, and establishing an Office of Education and Outreach. This title also mandates a national prevalence survey on harassment and a study on harassment within the Federal Government, alongside creating a task force to study and recommend strategies for harassment prevention.

A significant provision in Title I addresses tipped employees, phasing out the subminimum wage for tipped workers until it equals the federal minimum wage and ensuring employees retain all their tips. Compliance with new policies or training does not serve as an affirmative defense in discrimination cases.

Title II strengthens workplace rights by explicitly clarifying that discrimination based on sexual orientation and gender identity constitutes unlawful sex discrimination under federal civil rights laws. It expands the definition of "covered employers" to include those with one or more employees and removes caps on compensatory and punitive damages for discrimination claims. The bill also defines "workplace harassment" and clarifies standards of proof, establishing that a single incident can constitute harassment and that incidents should be considered in the aggregate.

Furthermore, Title II introduces a clear standard for employer liability for harassment by supervisors, holding employers responsible if the harasser had authority over tangible employment actions or daily work activities, or if the employer was negligent. It extends the statutes of limitations for filing employment discrimination complaints to four years for most claims and federal employees, significantly increasing the time available for workers to seek justice.

Title III broadens protections and ensures transparency by extending anti-discrimination safeguards to independent contractors, interns, fellows, volunteers, and trainees. It prohibits employers from using nondisclosure and nondisparagement clauses as a condition of employment or settlement that cover prohibited harassment or discrimination, with specific exceptions for knowing and voluntary settlement agreements that protect victims' identities and allow reporting to agencies. This title also bans mandatory arbitration for work disputes and protects employees' rights to engage in concerted legal action.

Additionally, Title III requires federal contractors to disclose administrative merits determinations, arbitral awards, or civil judgments related to labor and civil rights violations. Executive agencies must designate Labor Compliance Advisors to review this information and ensure contractors take corrective measures, promoting greater accountability in federal contracting.

Finally, Title IV establishes nationwide grant programs to prevent and respond to workplace discrimination and harassment. These include grants for eligible entities to educate workers and employers, assist with complaint filing, and monitor compliance. Separate grant programs are created to provide civil legal assistance for low-income workers facing employment discrimination and to support State advocacy systems that protect workers' legal and human rights, ensuring comprehensive support for victims and proactive prevention measures.