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§ 3-715. Disclosing sexual harassment in the workplace

West's Annotated Code of MarylandLabor and EmploymentEffective: October 1, 2018

West's Annotated Code of Maryland
Labor and Employment
Title 3. Employment Standards and Conditions (Refs & Annos)
Subtitle 7. Miscellaneous (Refs & Annos)
Effective: October 1, 2018
MD Code, Labor and Employment, § 3-715
§ 3-715. Disclosing sexual harassment in the workplace
Public policy
(a) Except as prohibited by federal law, a 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 is null and void as being against the public policy of the State.
Adverse action in response to failure or refusal to enter into an agreement containing waiver that is void
(b)(1) An employer may not take adverse action against an employee because the employee fails or refuses to enter into an agreement that contains a waiver that is void under subsection (a) of this section.
(2) Adverse action prohibited under this subsection includes:
(i) discharge;
(ii) suspension;
(iii) demotion;
(iv) discrimination in the terms, conditions, or privileges of employment; or
(v) any other retaliatory action that results in a change to the terms or conditions of employment that would dissuade a reasonable employee from making a complaint, bringing an action, or testifying in an action regarding a violation of this section.
Attorney’s fees and costs
(c) An employer who enforces or attempts to enforce a provision that violates subsection (a) of this section shall be liable for the employee's reasonable attorney's fees and costs.

Credits

Added by Acts 2018, c. 738, § 1, eff. Oct. 1, 2018; Acts 2018, c. 739, § 1, eff. Oct. 1, 2018.
MD Code, Labor and Employment, § 3-715, MD LABOR & EMPLY § 3-715
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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