Maryland Sexual Harassment Reporting Requirements Take Effect Soon

Employers with at least 50 employees must complete a survey on or before July 1, 2020 identifying number of sexual harassment settlements, settlement payments, etc.

On October, 1, 2018 Maryland passed the Disclosing Sexual Harassment in the Workplace Act. The law prohibits all employers from requiring employees to arbitrate claims of sexual harassment. Employers cannot include in an employment agreement, contract, or policy any provision that waives any substantive or procedural right or remedy to a future claim of sexual harassment, retaliation for reporting sexual harassment, or taking adverse action against an employee who refused to enter in an agreement with a waiver.

On or before July 1, 2020, employers with at least 50 employees must respond to a Maryland Commission on Civil Rights (MCCR) survey identifying the following information.

1. The number of settlements made by or on behalf of the employer of an allegation of sexual harassment by an employees;
2. The number of times the employer paid a settlement to resolve an allegation of sexual harassment over the past 10 years of employment;
3. The number of settlements made after an allegation of sexual harassment that included a provision requiring both parties to keep the settlement terms confidential; and
4. Whether the employer took action against an employee who was the subject of a settlement.

The survey must be submitted on or before July 1, 2020 and resubmitted on or before July 1, 2022. The agency will publish aggregate results of the survey and, upon request, will make available for public inspection the results filed by a specific employer. The requirements will expire on June 30, 2023 unless the reporting requirements are made permanent by the General Assembly.