Resource materials on employment climate assessments

(a) In general Not later than 1 year after the date of enactment of this Act, the Commission shall develop and make publicly available resource materials for employers on assessing the employment climate, including the occurrence of prohibited harassment in employment, in order to assist such employers in determining the effectiveness of measures the employer takes to prevent and address prohibited harassment in employment. (b) Employment climate survey Such resource materials shall include a model survey regarding prohibited harassment in employment, which shall be available for an employer to use (at the employer’s discretion and employer’s expense) in order to assess the employment climate. The model survey shall be— (1) designed to assess employees’ experiences related to prohibited harassment in employment; (2) fair, unbiased, and scientifically valid to the greatest extent practicable; (3) designed to solicit confidential submissions and to provide data without revealing personally identifiable information; and (4) inclusive of individuals required to be afforded protection under section 301. (c) Contents The model survey may include— (1) questions designed to assess the prevalence of prohibited harassment in employment; (2) questions designed to understand whether employees have access to and are familiar with the employer’s nondiscrimination, including anti-harassment, policies and procedures; (3) questions to assess the employment climate; and (4) any additional questions the Commission determines are consistent with the purposes of this section. (d) Mandatory employee participation prohibited An employer may not compel or require employees to participate in a survey regarding prohibited discrimination, including harassment, in employment. (e) Review and revision The Commission shall periodically review and revise the resource materials described in subsection (a) and the model survey developed under subsection (b).