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Summary of differences between federal and state regulations
Effective October 1, 2018, the Disclosing Sexual Harassment in the Workplace Act of 2018 prohibits employers from requiring employees to address sexual harassment claims through private arbitration. In addition, the Act prohibits employers from taking adverse action against an employee because the employee refuses to enter into an agreement containing such a waiver. Employers with more than 50 workers must also periodically report statistics about sexual harassment settlements to the state Commission on Civil Rights.
Unlawful employment practices
The unlawful employment practices and exemptions are similar to those under Title VII of the Civil Rights Act and the federal Guidelines on Discrimination Because of Sex. A complaint must be filed within six months from the date of the occurrence alleged to be a violation.
When deciding the outcome of a sexual harassment case, the Commission on Human Relations will favorably consider the preventive steps the employer has taken. To reduce exposure to charges of sexual harassment, all employers should:
- Establish and implement personnel policies regarding sexual harassment.
- Establish a complaint process that employees may access if they experience sexual harassment.
- Make staff aware of personnel policies and train staff to recognize and avoid sexual harassment.
State
Contact
A local government may also create a human rights commission.
Regulations
Annotated Code of Maryland, Article 49B, Sections 1 through 51
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
29 CFR Part 1604, Guidelines on Discrimination Because of Sex