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: 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..