,i #aahth ,,congress #ast ,session ,h4 ,r4 #dhjb ,,in ,,the ,,house ,,of ,,representatives ,july #bj1 #bjbc,mr4 ,raskin introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce ,a ,,bill ,to provide that certain agreements containing nondisclosure clauses regarding claims of discrimination1 harassment1 and retaliation shall not be enforceable1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,accountability for ,workplace ,misconduct ,act4 #b4 ,employer requirements pertaining to claims of discrimination1 harassment and retaliation 7a7 ,process ,not later than #a year after the date of the enactment of this ,act1 an employer shall establish a process for receiving and investigating allegations of discrimination1 harassment and retaliation4 ,such process shall-- 7#a7 provide multiple methods 7e4g41 in writing1 verbally1 or by electronic submission7 for the employer to receive and respond to a report of unlawful conduct under the laws described in section #c1 7#b7 allow employees to confidentially report unlawful conduct1 7#c7 be provided to each employee upon the beginning of their employment and be prominently posted for employee reference1 7#d7 require prompt investigation of unlawful conduct reported by an employee1 7#e7 require notification to the employee of the initiation1 conclusion1 and outcome of the investigation of such reported unlawful conduct1 and 7#f7 make available 7e4g41 through an human resources representative7 factual information pertaining to support services 7including medical and mental health care1 seeking legal representation1 information about legal rights7 the employee may choose to access4 7b7 ,investigation ,an employer shall conduct a thorough and neutral investigation into any report of unlawful conduct made by an employee4 ,such investigation shall include-- 7#a7 appointing impartial individual or entity that is adequately trained to investigate such conduct and notifying the employee of the investigator1 scope of the investigation1 and estimated time frame of the investigation1 7#b7 notifying the employee of the initiation1 conclusion1 and outcome of the investigation of the reported unlawful conduct1 7#c7 informing the employee of investigation status upon request of the employee1 and 7#d7 to the greatest extent practicable1 interviewing witnesses or other individuals identified by the employee claiming the misconduct under investigation4 7c7 ,report ,the employer shall furnish a report to the employee that documents the procedure followed by the employer during an investigation into the unlawful conduct reported by the employee and that shows the investigation complied with the requirements of subsection 7b74 #c4 ,unenforceability of certain settlement agreements containing nondisclosure clauses 7a7 ,a nondisclosure clause included in a settlement agreement shall not be enforceable by an employer if-- 7#a7 it prohibits a party to such agreement from disclosing information to ,congress1 a ,federal1 ,state1 or a local government entity1 or a law enforcement entity1 relating to conduct that is unlawful1 or that the employee has reason to believe is unlawful1 under-- 7,a7 title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj seq471 7,b7 section #f7;d7 of the ,fair ,labor ,standards ,act 7#bi ,u4,s4,c4 #bjf7;d771 7,c7 title ,i of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq471 7,d7 sections #eja and #eje of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gia-gib71 7,e7 the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fba et seq471 7,f7 title ,,ii of the ,genetic ,information ,non-discrimination ,act 7#bi ,u4,s4,c4 #db ,u4,s4,c4 #bjjj;ff-#a et seq471 or 7,g7 the ,government ,employees ,rights ,act of #aiia 7#b ,u4,s4,c4 #abja-abbd74 7#b7 the employer has not communicated to the employee that a nondisclosure agreement does not restrict disclosing information to ,congress1 a ,federal1 ,state1 or ,local government entity1 or law enforcement1 7#c7 the employer engages in behavior to intimidate1 hinder1 obstruct1 impede1 retaliate against1 or otherwise discourage an employee subject to a nondisclosure agreement from communicating with ,congress1 a ,federal1 ,state1 or local government entity1 or law enforcement1 7#d7 the employer includes terms in the nondisclosure agreement that requires an employee to notify the employer before disclosing information to ,congress1 a ,federal1 ,state or ,local government entity1 or law enforcement1 7#e7 the employer fails to include in such nondisclosure agreement the following statement3 ,nothing in this agreement prevents you from disclosing information to ,congress1 a ,federal1 ,state1 or ,local government entity1 or law enforcement about behavior you reasonably believe constitutes harassment1 discrimination1 or retaliation41 or 7#f7 the employer does not grant an employee at least #ba days to consider an agreement before such agreement takes effect and allow the employee to rescind such agreement for up to #g days after the agreement takes effect4 #d4 ,enforcement 7a7 ,the ,equal ,employment ,opportunity ,commission shall establish a process by which employees may report a violation of section #b4 7b7 ,the ,equal ,employment ,opportunity ,commission shall treat reports of such violations in a manner consistent with title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq474 7c7 ,no later than #ahj days after the date of the enactment of this ,act1 the ,equal ,employment ,opportunity ,commission shall issue rules that prescribe the requirements for employer compliance with1 and employee notification of1 the requirements of this ,act4 #e4 ,definitions ,for purposes of this ,act3 7#a7 ,nondisclosure clause ,the term nondisclosure clause means a provision in a settlement agreement that forbids a party to such agreement to-- 7,a7 make a disparaging statement about a party to such agreement1 relating to an allegation or report relating to unlawful conduct described in section #c1 or 7,b7 disclose information regarding the existence of such allegation or such agreement or of any facts relating to such allegation or such report4 7#b7 ,settlement ,the term settlement means an agreement to settle an allegation of unlawful conduct described in section #c and that-- 7,a7 applies to severance and separation agreements1 and 7,b7 precludes an employee from pursuing legal redress associated with an allegation of unlawful conduct described in section #c4 #f4 ,application ,this ,act shall apply with respect to agreements made before1 on1 and after the date of the enactment of this ,act4