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.”

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Guy Brenner Guy Brenner

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member…

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member of the Restrictive Covenants, Trade Secrets & Unfair Competition Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.

Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues, medical and disability leave matters, employee/independent contractor classification issues, and the investigation and litigation of whistleblower claims. He assists employers in negotiating and drafting executive agreements and employee mobility agreements, including non-competition, non-solicit and non-disclosure agreements, and also conducts and supervises internal investigations. He also regularly advises clients on pay equity matters, including privileged pay equity analyses.

Guy advises federal government contractors and subcontractors all aspects of Office of Federal Contract Compliance Programs (OFCCP) regulations and requirements, including preparing affirmative action plans, responding to desk audits, and managing on-site audits.

Guy is a former clerk to Judge Colleen Kollar-Kotelly of the US District Court of the District of Columbia.