Maryland Employers: Deadline Approaching to Submit Sexual Harassment Settlement Information

Proskauer - Law and the Workplace

Proskauer - Law and the Workplace

Quick Hit:  Maryland employers with 50 or more employees must submit information regarding sexual harassment settlements on or before July 1, 2020.  This information must be submitted using a portal on the Maryland Commission on Civil Rights’ (“the Commission”) website, which is available here.

More Detail:  Maryland’s Disclosing Sexual Harassment in the Workplace Act of 2018 (“the Act”), which took effect on October 1, 2018, requires employers in Maryland with 50 or more employees to report information regarding sexual harassment settlements.  Note that while the Act does not specify whether it applies to employers with 50 or more employees based in Maryland, it appears the Commission has taken a broader view, stating on the submission portal that the requirement applies to “employers with 50 or more employees (across all locations, not exclusively working in Maryland).”

Specifically, covered employers must submit answers to the following:

  1. “[T]he number of settlements made by or on behalf of the employer after an allegation of sexual harassment by an employee;”
  2. “[T]he 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. “[T]he 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.”

The submission due by July 1, 2020 must include data for the reporting period from October 1, 2018 through July 1, 2020.  Employers will be required to submit this same information again in two years, on or before July 1, 2022.

Employers should note that the Act provides that the Commission will “retain[] for public inspection on request, the response from a specific employer regarding the number of settlements included in the survey.”

[View source.]

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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