119-hr4599

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4599 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 4599

 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

 July 22, 2025

Mr. Lieu (for himself, Ms. Ocasio-Cortez, and Ms. Pressley) 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.''.
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