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New Maryland employment laws kick into action

August 2020 employment law letter
Authors: 
Kevin C. McCormick, Whiteford, Taylor & Preston, L.L.P.

A host of new employment laws recently took effect in Maryland. Read on for information on how to get and stay in compliance.

First round of antiharassment reporting was due

Maryland’s Disclosing Sexual Harassment in the Workplace Act of 2018, which was passed about two years ago, is designed to prevent employers from asking employees to waive their future right to report sexual harassment. The legislation also requires employers with 50 or more employees to disclose:

  • How many sexual harassment allegations they have agreed to settle;
  • How many times they have settled those kinds of allegations involving the same employee; and
  • How many settlements included nondisclosure provisions.

Employers must complete and submit the “disclosure survey” to the Maryland Commission on Civil Rights (MCCR) either electronically or on the agency’s website. The first reporting period ended on July 1, 2020.

In appropriate cases, you will have to report whether you took any personnel action against the employee who was the subject of the settlement disclosed in the survey. Although the legislation makes self-reporting mandatory, it doesn’t contain any specific penalties or other enforcement mechanisms in the event a covered employer fails to complete the report.

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