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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.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
2018 Legislation
Acts 2018, c. 738, § 2, and Acts 2018, c. 739, § 2, which will be abrogated effective at the end of June 30, 2023, under the terms of § 4 of those Acts, provide:
“SECTION 2. AND BE IT FURTHER ENACTED, That:
“(a)(1) In this section the following words have the meanings indicated.
“(2) “Commission” means the Maryland Commission on Civil Rights.
“(3) “Employer” means an employer with 50 or more employees.
“(b)(1) On or before July 1, 2020, and on or before July 1, 2022, an employer shall submit a short survey to the Commission on:
“(i) the number of settlements made by or on behalf of the employer after an allegation of sexual harassment by an employee;
“(ii) 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
“(iii) 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.
“(2)(i) An employer shall submit the survey required under paragraph (1) of this subsection to the Commission electronically.
“(ii) The Commission shall include in the survey a space for an employer to report whether the employer took personnel action against an employee who was the subject of a settlement included in the survey under paragraph (1)(ii) of this subsection.
“(c)(1) The Commission shall publish and make accessible to the public:
“(i) by posting on the Commission's website, the aggregate number of responses from employers for each item listed under subsection (b) of this section; and
“(ii) by retaining for public inspection on request, the response from a specific employer regarding the number of settlements included in the survey under subsection (b)(1)(ii) of this section.
“(2) On or before December 15, 2020, and on or before December 15, 2022, the Commission shall:
“(i) review a random selection of surveys submitted under subsection (b) of this section;
“(ii) create an executive summary of the randomly selected surveys, redacting any identifying information for specific employers; and
“(iii) submit the executive summary to the Governor and, in accordance with § 2-1246 of the State Government Article, the Senate Finance Committee and the House Economic Matters Committee.”
Acts 2018, c. 738, § 3, and Acts 2018, c. 739, § 3, provide:
“SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall apply to any employment contract, policy, or agreement executed, implicitly or explicitly extended, or renewed on or after the effective date of this Act.”
MD Code, Labor and Employment, § 3-715, MD LABOR & EMPLY § 3-715
Current through all legislation from the 2019 Regular Session of the General Assembly.
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