The Disclosing Sexual Harassment in the Workplace Act of 2018 was enacted in 2018, and it created a disclosure survey for the Maryland Commission on Civil Rights (MCCR) to collect data on sexual harassment settlements across two reporting cycles over a five-year period.
2022 marks the second reporting cycle. The first reporting cycle ended on July 1, 2020. The second report must be completed on or before July 1, 2022, by Maryland employers with 50 or more employees. The following information must be reported to the MCCR:
- The number of settlements made by or on behalf of the employer after an allegation of sexual harassment by an employee;
- 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; and
- 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.
If an employer affirmatively answers Question 2, the employer must also answer: “Whether the employer took personnel action against an employee who was the subject of a settlement.”
The MCCR will also publish the aggregate number of responses from employers on its website, and responses to Question 2 will be retained for public inspection, upon request.
Although the Act establishes a mandatory reporting requirement, the Act does not establish penalties or enforcement mechanisms for an employer’s underreporting or failure to report.
Next Steps for Employers
Employers must complete and submit their survey electronically via the MCCR’s website. The survey must be e-signed before it is submitted to the MCCR.
Employers should comply with the mandated reporting requirement, even though there are not any penalties or enforcement mechanisms in place as the law was designed with transparency in mind.