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Maryland: New Sexual Harassment Reporting Requirement and Bar To Waiving Rights

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Certain Employers with MD Employees

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October 1, 2018, July 1, 2020, and July 1, 2022

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Effective October 1, 2018, the Disclosing Sexual Harassment In The Workplace Act (“Act”) (SB 1010) prohibits all employers from entering into an agreement with an employee that waives the employee’s substantive or procedural right to future claims of sexual harassment or retaliation therefor. Employers also cannot retaliate against employees who refuse to enter into such agreements.

The Act also requires employers with 50 or more Maryland employees to report (1) the number of sexual harassment claims settled, (2) the number of times the employer has paid settlements for sexual harassment allegations against the same employee within the last 10 years of employment, and (3) the number of settlements for sexual harassment claims that included a mutual confidentiality provision. The information must be submitted electronically and includes a place for an employer to describe discipline implemented against employees who have been the subject of sexual harassment allegations. Reporting must occur before July 1, 2020 and again before July 1, 2022.

The Maryland Commission on Civil Rights will publish aggregate data received by employers, and will make individual employer reporting available to the public upon request.

Action Items

  1. Have employment agreements, arbitration agreements, and severance agreements reviewed by legal counsel for updates consistent with the new Act.
  2. Track sexual harassment claims and results for required reporting beginning on July 1, 2020.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2018 ManagEase

New York, NY: Employee Sexual Harassment Protections and Employer Obligations Expanded

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Select Private Employers with New York, NY Employees

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May 9, 2018, September 6, 2018, and April 1, 2019

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On May 9, 2018, Mayor Bill de Blasio signed multiple bills into law providing greater employee protections against sexual harassment, and expanding employer obligations, as follows.

  • Effective May 9, 2018, Int. 657-A applied protections for gender-based harassment claims to all employees, regardless of employer size, where it previously only applied to employers with four or more employees.
  • Effective May 9, 2018, Int. 663-A extends the statute of limitations for filing an administrative claim with the New York City Commission on Human Rights (NYCCHR) for gender-based harassment from one to three years after the date the alleged harassing conduct occurred.
  • Effective September 6, 2018, Int. 630-A requires all employers to post an anti-sexual harassment rights and responsibilities poster in common areas employees gather, in both English and Spanish (other languages will be made available). Employers must also provide new hires with an information sheet on sexual harassment, to be made available by the NYCCHR. An equivalent of the information sheet may be included in an employee handbook.
  • Effective April 1, 2019, Int. 632-A requires employers with 15 or more employees to conduct annual sexual harassment training for all employees, supervisors, and interns who work more than 80 hours in a calendar year in New York City. The training must be provided after the first 90 days of hire. Employees who received training at a prior employer within the required training cycle are not required to receive training again at a new employer until the next cycle. Although the training may be given either in-person or online, the training must be interactive. Training content must comply with the similar, recently enacted New York state law, as well as the additional requirements set forth in Int. 632-A. Employers must keep records of employee trainings for at least three years, including a signed employee acknowledgment.

Action Items

  1. Post the anti-sexual harassment rights and responsibilities posters once they are made available by the NYCCHR.
  2. Implement procedures for tracking and providing sexual harassment training in advance of April 1, 2019.
  3. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2018 ManagEase

Vermont: New Sexual Harassment Prevention Law Imparts Greater Employee Protections, Employer Penalties

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All Employers with VT Employees

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July 1, 2018

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Signed on May 30, 2018, the “Act Relating to the Prevention of Sexual Harassment” (the “Act”) went into effect on July 1, 2018.  The Act, in response to public outcry through the #MeToo movement, implements expansive protections for employees, independent contractors, and interns, creates new employer obligations, and greatly strengthens the state agency’s ability to enforce sexual harassment prevention remedies.

Key provisions of the Act include the following:

  • Prohibits employers from requiring any worker or prospective worker to sign an agreement requiring sexual harassment claims to be arbitrated as a condition of employment;
  • Prohibits employment agreements that prevent/restrict a worker from opposing, disclosing, reporting, or participating in an investigation of sexual harassment;
  • Requires sexual harassment settlement agreements to contain specific statements indicating when a claimant-party may disclose information about the allegations or the settlement, and prohibits such agreements from prohibiting the claimant-party from working for the employer or its related entities;
  • Establishes a sexual harassment reporting hotline and web portal, requires the Attorney General’s office to develop a streamlined reporting system, and provides the Attorney General broad powers to investigate and enforce the new law;
  • Allows the Attorney General to enter and inspect an employer’s place of business and records on 48 hours’ notice, and may also order the employer to provide annual training on sexual harassment prevention, among other remedies; and
  • Will eventually permit voiding non-disclosure agreements in prior settlements where a separate, later claim determines an alleged harasser has engaged in sexual harassment or retaliated in relation to a sexual harassment claim.

The Act also emphasizes Vermont employers’ responsibility to provide workers with a written copy of the sexual harassment policy upon hire and whenever the policy is revised.  Although not required, the Act encourages employers to provide sexual harassment prevention training to employees as well as supervisors and managers.

Action Items

  1. Review employment agreements, including arbitration agreements, with legal counsel for compliance with the Act.
  2. Implement annual sexual harassment prevention training for all employees.
  3. Have a written sexual harassment policy prepared and distributed upon hire to employees and whenever updated.
  4. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2018 ManagEase

Washington: New Laws Prohibit Silencing of Sexual Harassment Claims

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All Employers with WA Employees

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June 7, 2018

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Washington joins New York as one of the first states to enact new laws addressing confidentiality of workplace harassment and discrimination claims.  A summary of these bills are included below.

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Washington: Ban-the-Box, Sexual Harassment, Equal Pay Law, and Discrimination Updates

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Employers with WA Employees

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June 6 and 7, 2018

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The state of Washington recently passed several bills that affect employer practices.  HB 1298 created the Fair Chance Act prohibiting applicant criminal inquiries, SB 5996 prohibits employers from requiring employees to sign nondisclosure agreements regarding harassment or sexual assault, HB 1506 updates and expands the statewide Equal Pay Act, and HB 2661 prohibits discrimination of victims of domestic violence.

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