On or before July 1, 2020, Maryland employers with 50 or more employees are required to comply with their reporting obligations under the Disclosing Sexual Harassment in the Workplace Act of 2018 (the Act). According to the Act, which went into effect on October 1, 2018, [1] employers with 50 or more employees are required to complete the first survey on or before July 1, 2020. This survey must be filled out online, [2] and employers should be prepared to provide the following information:
- the number of settlements made by or on behalf of the employer after an allegation of sexual harassment by an employee;
- the number of times the employer has paid a settlement to resolve a sexual harassment allegation against the same employee over the past 10 years of employment; and
- the number of settlements made after an allegation of sexual harassment that included a provision requiring both parties to keep the terms of the settlement confidential; and
- whether the employer took personnel action against an employee who was the subject of the settlement.
The Commission on Civil Rights will use the information compiled from the surveys to publish the aggregate number of responses from employers for each item of the survey. The information will also be retained by the Commission to make responses by specific employers, as to the specific number of times the employer has paid a settlement to resolve a sexual harassment allegation over the past 10 years, available for public inspection on request.
Employers will have to complete this survey again on or before July 1, 2022. The Act will then automatically terminate on June 30, 2023.
[1] The law also (a) prohibited any provision in an employment contract, policy or agreement that waives any “substantive or procedural right or remedy to a claim that accrues in the future of sexual harassment or retaliation for reporting or asserting a right or remedy based on sexual harassment;” and (b) prohibited employers from discharging, suspending, demoting, discriminating against or otherwise retaliating against an employee who refuses or fails to enter into an agreement that contains a waiver that is void under the act.
[2] https://doit.state.md.us/selectsurvey/TakeSurvey.aspx?PageNumber=1&SurveyID=m81L884&Preview=true#
Employers should consult with counsel for the latest developments and updated guidance on this topic. Please feel free to reach out to our Employment and Labor Practice Group lead partners with any questions during this time: