Maryland Disclosing Sexual Harassment in the Workplace Act Reporting Requirements -- Jackson Lewis sponsor

Maryland’s “Disclosing Sexual Harassment in the Workplace Act of 2018” took effect on October 1, 2018.

Has your company thought through all of the issues implicated by this new law?

Most media buzz has focused on the obligations that The Act imposes on employers to report sexual harassment settlements.  However, The Act also prohibits certain waivers related to an employee’s future sexual harassment claims and future retaliation claims for making a sexual harassment claim. This portion of The Act raises many unanswered questions such as:

• Is The Act’s restriction on waivers preempted by the Federal Arbitration Act?
• What is the impact of The Act on at-will employment relationships?
•  If an employee asserts a claim of sexual harassment and sex discrimination, does an employer face the prospect of parallel proceedings in two forums?