None by Governor John Carney, Jr.

Vote Smart's Synopsis:

Vote to pass a bill that requires mandatory sexual harassment training for supervisors in large businesses.

Highlights:

• Defines “employee” as an individual employed by an employer and includes a state employee as well as an unpaid intern or volunteer (Sec. 1).

• Defines “employer” as any person employing 4 or more employees within the state at the time of the alleged violation and includes the General Assembly as well as any State Agency receiving services of 4 or more individuals pursuant to a contract (Sec. 1).

• Defines “a person pursuant to a contract” as an individual that meets all of the following, including, but not limited to (Sec. 1):

• The person has the right to control the performance of the contract for services and discretion as to the manner of performance;

• The person is customarily engaged in an independently established business; and

• The person has control over the time and place the work is performed, supplies the tools used in the work, and performs work that requires a skill not ordinarily used in the course of an employer’s work.

• Defines “sexual harassment” as the following, including, but not limited to (Sec. 1):

• Unwelcome sexual advances or requests for sexual favors; and

• Verbal or physical conduct of a sexual nature.

• Specifies that sexual harassment conduct does not need to be motivated by sexual desire (Sec. 1).

• Establishes that sexual harassment of an employee is an unlawful practice under the following circumstances, including, but not limited to (Sec. 1):

• Submission to each conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

• Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

• Such conduct has the purpose of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

• Specifies that an employer is responsible for acts of sexual harassment between fellow employees and by non-employees where the employer, or its agents or supervisors, knows or should have known of the conduct and fails to take immediate and appropriate corrective action (Sec. 1).

• Specifies that the following factors shall be considered in determining whether an employer is responsible for the acts of non-employee, including, but not limited to (Sec. 1);

• The extent of the employer’s control over the non-employee; and

• Any legal responsibility the employer has over the conduct of the non-employee.

• Establishes that the Department of Labor shall create an information sheet on sexual harassment that shall be made available on its website and for reproduction and distribution to employees (Sec. 1).

• Establishes that the information sheet must specify the following information, including, but not limited to (Sec. 1):

• The illegality of sexual harassment;

• The definition of sexual harassment under state and federal law;

• A description of sexual harassment using examples;

• The legal remedies and complaint process available through the Department; and

• How to contact the department.

• Requires an employer that has 50 or more employees shall provide at least 2 hours of classroom or other effective interactive training and education regarding sexual harassment (Sec. 1).

Full Bill Text