Employers Required to Disclose Sexual Harassment in the Workplace by July 1, 2020

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On or before July 1, 2020, every employer in Maryland with 50 or more employees must electronically submit a survey to the Maryland Commission on Civil Rights (“MCCR”) in order to fulfill the reporting obligations under the Disclosing Sexual Harassment in the Workplace Act of 2018. Specifically, covered employers are required to provide the following information:

(1) the number of settlements made by or on behalf of the employer after an allegation of sexual harassment by an employee;

(2) 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

(3) 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.

Moreover, employers are required to report whether they took personnel action against an employee who was the subject of a settlement.

The MCCR will publish on its website the aggregate number of responses from employers for each item of the survey and will also make available for public inspection responses from specific employers regarding the number of settlements reported to the MCCR.

Employers will be required to submit similar information again on or before July 1, 2022.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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