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S. 3865IntroducedSenate · nowHousePresidentLawIn committee
Sec. 101 · S. 3865

Mandatory nondiscrimination policies

Title I — Researching and Preventing Workplace Discrimination, Including Harassment; Tipped Employees › Subtitle A — Preventing Workplace Discrimination, Including Harassment

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(a) Policies (1) In general Beginning not later than 1 year after the date of enactment of this Act, each employer who has 15 or more employees shall adopt, maintain, and periodically review a comprehensive nondiscrimination policy, which shall establish policies and procedures concerning prohibited discrimination, including harassment, in employment. (2) Dissemination and posting The employer shall disseminate the comprehensive nondiscrimination policy to each employee at the beginning of employment, annually, and on the issuance of any update to the comprehensive nondiscrimination policy. The employer shall post the comprehensive nondiscrimination policy in prominent locations, including in a prominent location on the employer’s website. (b) Contents At a minimum, the comprehensive nondiscrimination policy shall include— (1) a definition of prohibited discrimination, including harassment, in employment; (2) a description of the types of behaviors prohibited by the policy; (3) the identification of multiple individuals to whom an employee may report such discrimination, and the contact information for those individuals; (4) a description of multiple methods for reporting such discrimination; (5) a general description of how the employer will conduct prompt, thorough, and impartial investigations and respond to complaints regarding such discrimination; (6) a prohibition against retaliation related to such discrimination, including disclosing, reporting, or challenging such discrimination; (7) a description of the confidentiality protections available for such discrimination complaints; (8) a description of potential consequences for violating the policy; and (9) any additional components required by the Commission for the purpose of preventing such discrimination. (c) Accessibility The comprehensive nondiscrimination policy shall be made available in plain English and in an accessible manner for individuals with disabilities and for individuals who primarily speak a language other than English. (d) Enforcement (1) In general Subject to paragraph (2), an employer who fails to comply with this section shall be fined not more than $1,000 for each separate offense. (2) Repeated or willful violations An employer who repeatedly or willfully fails to comply with this section shall be fined not less than $5,000 for each separate offense. (e) Regulations The Commission shall have authority to promulgate regulations to carry out this section.

Sec. 101: Mandatory nondiscrimination policies · Public Law Tracker