Maryland has amended its’ definition of harassment. The amendments lower the standard for individuals to prove harassment and sexual harassment under Maryland law by rejecting the “severe and pervasive” standard. The amendments take effect on October 1, 2022.
“Harassment” is now defined as unwelcome and offensive conduct, which need not be severe or pervasive, when the conduct is based on a protected class, and:
- Submission to the conduct is made either explicitly or implicitly a term or condition of employment of an individual;
- Submission to or rejection of the conduct is used as a basis for employment decisions affecting the individual; or
- The conduct unreasonably creates a working environment that a reasonable person would perceive to be abusive or hostile taking into account the totality of the circumstances.
“Sexual harassment” is now defined as unwelcome sexual advances, requests for sexual favors, or other conduct of a sexual nature that meets any of the bullets listed above.
Next Steps for Employers
Employers should review and update any harassment related policies to incorporate the new harassment definitions and also ensure there is no reference the “severe or pervasive” standard within said policies.
Best practice is to also ensure that recruiters and supervisors/managers have been trained on these updates, including how to recognize conduct that could constitute harassment and how to respond appropriately.
