Sexual Harassment

Maryland Requires Sexual Harassment Disclosure Survey

Employers in Maryland with at least 50 employees need to complete a sexual harassment survey by July 1, 2020.  The survey discloses information on sexual harassment settlements in the past to the Maryland Commission on Civil Rights (MCCR). The Disclosing Sexual Harassment in the Workplace Act of 2018 took effect on October 1, 2018, and requires the survey to be completed by covered employers in Maryland.  The current survey period is from October 1, 2018 through July 1, 2020.  Following the initial disclosure on or before July 1, 2020, the employer must submit another report in two years, on or before July 1, 2022.  The MCCR will publish the aggregate survey results online.  The Sexual Harassment Disclosure Survey is available on the website.  The survey requires answers for:

(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[1]; 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.

[1] If an answer is provided to Question 2, you will have to answer the following question as well: “Whether the employer took personnel action against an employee who was the subject of a settlement.”