n May 2018, my colleague Randi Hyatt posted about the “Disclosing Sexual Harassment in the Workplace Act of 2018” (“Act”). The Act went into effect on October 1, 2018 and has a sunset provision for June 30, 2023. The Act established the requirement for employers with at least 50 employees (at all locations, not exclusively working in Maryland) to submit a survey to the Maryland Commission on Civil Rights (“MCCR”) regarding sexual harassment in the workplace. The first survey is due July 1, 2020.
Employers must complete and submit their survey electronically via the MCCR’s website. The reporting period for this survey is October 1, 2018 through July 1, 2020. The survey is five pages long and concerns three topics:
- The number of settlements made by an employer after an allegation of sexual harassment by an employee;
- The number of times the employer paid a settlement to resolve a sexual harassment claim against the same employee over the past 10 years of employment; and
- The number of sexual harassment settlements containing a confidentiality provision.
Also, if the employer paid to settle a sexual harassment claim(s) against the same employee over the past 10 years of employment, the employer must report whether the employer took personnel action against that employee. The survey must be e-signed before it is submitted to the MCCR.
The MCCR will publish aggregate results of the survey on the MCCR’s website. Also, upon request, the public can inspect a specific employer’s results regarding the number of times a settlement was paid to resolve a sexual harassment allegation against the same employee in the past 10 years of employment.
It is important for employers that fall under the scope of the Act to continue to track sexual harassment settlements and maintain information on past settlements to prepare for the 2022 survey. The next survey is due on or before July 1, 2022.
For more information or help with your sexual harassment legal challenges, please contact Kollman & Saucier, P.A. by calling (410) 727-4300.