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..