Disclosing Sexual Harassment in the Workplace

19 Mar Disclosing Sexual Harassment in the Workplace

With the emergence of the #MeToo and #TimesUp movements, survivors of sexual assault, abuse and harassment have stepped out of the shadows and into the spotlight. As a result, we are called upon to re-examine our processes and institutional practices and put into law sweeping changes that will protect these survivors’ rights to speak out, rather than punishing them.

To help answer this call, we have introduced Senate Bill 1010 and its counterpart House Bill 1596 – the Disclosing Sexual Harassment in the Workplace Act of 2018.

Currently, companies and organizations have the ability to hide behind Non-Disclosure Agreements (NDA’s) and forced arbitration clauses. These “agreements” are most often presented as a condition of employment. By signing a NDA, an employee effectively signs away their ability to speak out publicly about abuses they experience at the company or organization, and the employer isn’t required to discipline the abuser in any way. If the aggrieved employee speaks out, he or she is penalized by legal action and public scrutiny. By signing a forced arbitration clause, the employee waives their rights to remedies handed down by a public court of law. Furthermore, arbitration is private and hides instances of sexual harassment from public view.

The Disclosing Sexual Harassment in the Workplace Act of 2018 will nullify all provisions in these documents that prevent an employee from speaking out publicly about abuses, harassment, and retaliation he or she experienced while an employee. In addition, the Act will prohibit businesses from taking action that would adversely impact these employees.

This legislation also lifts the veil on sexual harassment settlements by requiring larger employers to report how many settlements they have made, how many are secret, and how many are against the same offender.  This puts choices in the hands of the victims by continuing to permit non-disclosure agreements after an assault, while exposing companies that hide the actions of repeat predators like Harvey Weinstein.

It is incumbent upon all of us to rally around these survivors as they bravely come forward with the abuses and harassment they have experienced. It’s time to turn the tables and bring survivors out of the shadows instead of allowing serial abusers and harassers to escape with their reputations and careers unscathed.

State Senator Craig J. Zucker
District 14, Montgomery County

State Delegate Kriselda Valderrama
District 26, Prince George’s County