Bill Overview
Title: Accountability for Workplace Misconduct Act
Description: This bill requires employers to establish a process for receiving and investigating allegations of discrimination, harassment and retaliation. It also limits the use of nondisclosure clauses in certain settlement agreements.
Sponsors: Rep. Maloney, Carolyn B. [D-NY-12]
Target Audience
Population: people in the workforce globally
Estimated Size: 165000000
- The bill targets employers who need to establish processes for handling allegations effectively.
- Employees are directly impacted as they will have clearer channels for reporting issues related to discrimination, harassment, and retaliation.
- This legislation affects individuals who are parties to settlement agreements with nondisclosure clauses, limiting their scope in certain situations.
- Broadly, any individual in a workplace setting, both as employees experiencing misconduct or employers/managers handling it, is impacted by this legislation.
Reasoning
- The 'Accountability for Workplace Misconduct Act' targets approximately 165 million individuals in the US workforce, including employees and employers.
- The policy aims to improve procedures for addressing workplace misconduct, which is expected to impact individuals' wellbeing depending on their role in the workplace and their experience with misconduct.
- Given the budgetary constraints, the initial implementation may focus on larger organizations where processes are easier to standardize and monitor.
- We assume the US workforce is diverse in terms of gender, age, occupation, and experiences with workplace misconduct, which will reflect in the variety of simulated interviews.
- The impact on the Cantril wellbeing scores is anticipated to be moderate overall, enhancing employees' sense of safety and fairness over time, but not drastically improving scores right away.
- Individuals in smaller companies or those not directly involved with misconduct issues might experience little immediate change, affecting their perceptions of the policy's impact.
- The restriction on nondisclosure agreements is likely to affect a smaller group more significantly, particularly those previously constrained by these agreements.
Simulated Interviews
Software Engineer (San Francisco, CA)
Age: 29 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 5.0 years
Commonness: 8/20
Statement of Opinion:
- I'm hopeful this bill will make it safer to speak up.
- My company's process has been lacking, so any improvement is welcome.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 8 | 6 |
| Year 5 | 8 | 6 |
| Year 10 | 9 | 7 |
| Year 20 | 9 | 7 |
HR Manager (New York, NY)
Age: 45 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 10.0 years
Commonness: 5/20
Statement of Opinion:
- This policy will add to our workload, but it's necessary.
- Ensuring fair investigation processes aligns with our company's values.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 7 | 7 |
| Year 3 | 8 | 7 |
| Year 5 | 8 | 7 |
| Year 10 | 8 | 7 |
| Year 20 | 8 | 7 |
Small Business Owner (Austin, TX)
Age: 32 | Gender: female
Wellbeing Before Policy: 5
Duration of Impact: 5.0 years
Commonness: 10/20
Statement of Opinion:
- Implementing these processes will be costly and time-consuming.
- I'm concerned about balancing costs with compliance.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 5 |
| Year 2 | 5 | 5 |
| Year 3 | 6 | 5 |
| Year 5 | 6 | 5 |
| Year 10 | 6 | 5 |
| Year 20 | 6 | 5 |
Construction Worker (Chicago, IL)
Age: 54 | Gender: male
Wellbeing Before Policy: 5
Duration of Impact: 3.0 years
Commonness: 9/20
Statement of Opinion:
- I'm glad there will be better processes, but skeptical about actual change.
- I've seen policies come and go without much real impact.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 5 |
| Year 2 | 6 | 5 |
| Year 3 | 6 | 5 |
| Year 5 | 6 | 5 |
| Year 10 | 6 | 5 |
| Year 20 | 6 | 5 |
Retail Associate (Seattle, WA)
Age: 23 | Gender: other
Wellbeing Before Policy: 6
Duration of Impact: 5.0 years
Commonness: 12/20
Statement of Opinion:
- I hope this policy protects people like me better.
- Retail environments aren't the best for addressing these issues.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 7 | 6 |
| Year 5 | 7 | 6 |
| Year 10 | 8 | 6 |
| Year 20 | 8 | 6 |
Legal Advisor (Los Angeles, CA)
Age: 38 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 10.0 years
Commonness: 7/20
Statement of Opinion:
- This will change how we advise clients significantly.
- Restricting nondisclosure agreements can be both positive and challenging.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 7 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 7 | 7 |
| Year 10 | 8 | 7 |
| Year 20 | 8 | 7 |
Accountant (Dallas, TX)
Age: 61 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 5.0 years
Commonness: 11/20
Statement of Opinion:
- As long as the processes are clear, it shouldn't affect us too much.
- I'm worried about the administrative burden.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 6 | 6 |
| Year 3 | 6 | 6 |
| Year 5 | 6 | 6 |
| Year 10 | 6 | 6 |
| Year 20 | 6 | 6 |
College Professor (Boston, MA)
Age: 50 | Gender: female
Wellbeing Before Policy: 8
Duration of Impact: 10.0 years
Commonness: 6/20
Statement of Opinion:
- I think this policy is going in the right direction in terms of ethics.
- Education on these processes could significantly improve.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 8 |
| Year 2 | 8 | 8 |
| Year 3 | 8 | 8 |
| Year 5 | 8 | 8 |
| Year 10 | 9 | 8 |
| Year 20 | 9 | 8 |
Freelancer (Miami, FL)
Age: 27 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 0.0 years
Commonness: 13/20
Statement of Opinion:
- Not sure how much this impacts gig workers like me.
- It seems mostly tailored for traditional employment setups.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 7 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 7 | 7 |
| Year 10 | 7 | 7 |
| Year 20 | 7 | 7 |
Marketing Specialist (Denver, CO)
Age: 31 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 5.0 years
Commonness: 7/20
Statement of Opinion:
- I think this policy could help improve transparency and fairness.
- I'm eager to see how these changes are implemented.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 8 | 6 |
| Year 3 | 8 | 6 |
| Year 5 | 8 | 6 |
| Year 10 | 9 | 6 |
| Year 20 | 9 | 6 |
Cost Estimates
Year 1: $1000000000 (Low: $750000000, High: $1250000000)
Year 2: $1050000000 (Low: $800000000, High: $1300000000)
Year 3: $1102500000 (Low: $840000000, High: $1365000000)
Year 5: $1215500000 (Low: $925000000, High: $1500000000)
Year 10: $1477450000 (Low: $1120000000, High: $1820000000)
Year 100: $4000000000 (Low: $3000000000, High: $5000000000)
Key Considerations
- The enforcement of this bill largely depends on employers' ability to design and implement effective HR processes.
- The definition and enforcement of 'reasonable limitations' on nondisclosure clauses should be clarified in greater detail.
- There might be resistance from businesses, particularly small to medium enterprises, due to the perceived increase in administrative burden.
- Monitoring the bill's effectiveness will require ongoing oversight to ensure compliance and evaluate its impact.