More and more states are passing anti-harassment laws to
combat harassment in the workplace.
Businesses of all sizes have to comply with these new
laws.
In 2019 four more states have placed such laws into effect.
They include California, Delaware, Maryland and New
York. Below is
a summary of the requirements for each state.
California:
Sexual Harassment Training:
California employers with at least five employees
will have to provide at least two hours of sexual-harassment
prevention training to supervisors and at least one hour of
training to all other employees, conducted this coming year
and every two years thereafter.
[SB.1343].
Sexual Harassment:
Employer agreements made on or after January 1 that
limit an employee’s right to testify in cases involving
criminal conduct or sexual harassment in the workplace will
be unenforceable.
SB 3109
[https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB3109]
Sexual Harassment:
Allows a former employer to state it would not rehire
a former employee based on the employer's determination that
the former employee engaged in sexual harassment.
[AB.2770]
Discrimination and Harassment:
Among other things, curtails an employer's ability to
utilize non-disparagement clauses and certain waivers for
claims asserted under the state Fair Employment and Housing
Act. [SB.1300].
Discrimination against Service Members:
Prohibits employers from discharging or halting
benefits of an employee for being a member of the military
reserve or because of ordered military duty or training.
[SB.1500].
Delaware
Sexual Harassment Training:
A new Delaware law will require employers with 50 or
more employees to provide sexual-harassment training to
current workers within the next year, or within one year of
hiring new employees. Training must be offered every two
years thereafter.
[HB.360].
Training Wages and Youth Wages:
Creates a minimum training wage and youth wage of no
more than $0.50 less than the state minimum wage. Training
wage applies during the first 90 days of employment of an
employee who is age 18 or older.
[HB.483].
Maryland
Sexual Harassment Report:
Employers with at least 50 employees must submit a
survey by July 1, 2020, to the Commission on Civil Rights
disclosing how many sexual harassment cases have resulted in
settlements or other actions under the new
Disclosing Sexual Harassment in the Workplace Act of 2018.
[http://mgaleg.maryland.gov/2018RS/bills/hb/hb1596E.pdf]
New York
Sexual Harassment Training:
NYC requires all private NYC employers with 15 or
more employees to conduct annual anti-sexual harassment
training. [New York
City Int. 0632-201823]
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