Maryland 2023 Regular Session

Maryland Senate Bill SB214 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0214
6	6
7	7	SENATE BILL 214
8	8	K3 3lr0927
9	9
10	10	By: Senator Ellis
11	11	Introduced and read first time: January 23, 2023
12	12	Assigned to: Finance
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Employment – Harassment and Intimidation – Reporting 2
19	19	(Workplace Psychological Safety Act) 3
20	20
21	21	FOR the purpose of establishing requirements related to the reporting of incidents of 4
22	22	employee harassment and intimidation, including provisions regarding the reporting 5
23	23	of incidents by employers to the Commissioner of Labor and Industry and the 6
24	24	creation of a reporting form; authorizing the Commissioner to establish an electronic 7
25	25	tip program that allows persons to report incidents of alleged harassment or 8
26	26	intimidation of an employee; establishing that certain information shared in the 9
27	27	reporting of incidents of employee harassment or intimidation is confidential; and 10
28	28	generally relating to harassment and intimidation in employment. 11
29	29
30	30	BY repealing and reenacting, without amendments, 12
31	31	Article – Labor and Employment 13
32	32	Section 5–101(a) through (d) and (h) 14
33	33	Annotated Code of Maryland 15
34	34	(2016 Replacement Volume and 2022 Supplement) 16
35	35
36	36	BY repealing and reenacting, with amendments, 17
37	37	Article – Labor and Employment 18
38	38	Section 5–801 19
39	39	Annotated Code of Maryland 20
40	40	(2016 Replacement Volume and 2022 Supplement) 21
41	41
42	42	BY adding to 22
43	43	Article – Labor and Employment 23
44	44	Section 5–1301 through 5–1305 to be under the new subtitle “Subtitle 13. Workplace 24
45	45	Psychological Safety” 25
46	46	Annotated Code of Maryland 26
47	47	(2016 Replacement Volume and 2022 Supplement) 27
48	48	2 SENATE BILL 214
49	49
50	50
51	51	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
52	52	That the Laws of Maryland read as follows: 2
53	53
54	54	Article – Labor and Employment 3
55	55
56	56	5–101. 4
57	57
58	58	(a) In this title the following words have the meanings indicated. 5
59	59
60	60	(b) “Commissioner” means the Commissioner of Labor and Industry. 6
61	61
62	62	(c) (1) “Employee” means, except as provided in § 5–401 of this title, an 7
63	63	individual whom an employer employs, for a wage or other compensation, in the business 8
64	64	of the employer. 9
65	65
66	66	(2) “Employee” includes: 10
67	67
68	68	(i) an individual whom a governmental unit employs; 11
69	69
70	70	(ii) an individual who is licensed as a taxicab driver and leases or 12
71	71	rents a taxicab from a person who operates or owns a taxicab business in Baltimore City; 13
72	72
73	73	(iii) an individual who is employed for part–time or temporary help 14
74	74	by a governmental unit or person who engages in a business that directly employs 15
75	75	individuals to provide part–time or temporary help to another governmental unit or person; 16
76	76	and 17
77	77
78	78	(iv) an individual who performs work for a governmental unit or 18
79	79	person to whom the individual is provided by another governmental unit or person who 19
80	80	engages in a business that directly employs individuals to provide part–time or temporary 20
81	81	help. 21
82	82
83	83	(d) (1) “Employer” means: 22
84	84
85	85	(i) except as provided in § 5–401 of this title, a person who is 23
86	86	engaged in commerce, industry, trade, or other business in the State and employs at least 24
87	87	one employee in that business; or 25
88	88
89	89	(ii) a public body. 26
90	90
91	91	(2) “Employer” includes: 27
92	92
93	93	(i) a person who operates or owns a taxicab business in Baltimore 28
94	94	City and leases or rents a taxicab to a licensed taxicab driver, to provide services to the 29
95	95	public; 30
96	96	SENATE BILL 214 3
97	97
98	98
99	99	(ii) a governmental unit or person who engages in a business that 1
100	100	directly employs individuals to provide part–time or temporary help to another 2
101	101	governmental unit or person; and 3
102	102
103	103	(iii) a governmental unit or person who contracts directly with 4
104	104	another governmental unit or person who engages in a business that directly employs 5
105	105	individuals to provide part–time or temporary help to another governmental unit or person. 6
106	106
107	107	(h) “Public body” means: 7
108	108
109	109	(1) a governmental unit; 8
110	110
111	111	(2) a public or quasi–public corporation of the State; 9
112	112
113	113	(3) a school district in the State or any unit of the district; or 10
114	114
115	115	(4) a special district in the State or any unit of the district. 11
116	116
117	117	5–801. 12
118	118
119	119	The penalties in this subtitle do not apply to: 13
120	120
121	121	(1) a public body; OR 14
122	122
123	123	(2) A VIOLATION OF SUBTITLE 13 OF THIS TITLE. 15
124	124
125	125	SUBTITLE 13. WORKPLACE PSYCHOLOGICAL SAFETY. 16
126	126
127	127	5–1301. 17
128	128
129	129	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 18
130	130	INDICATED. 19
131	131
132	132	(B) “ELECTRONIC COMMUNICAT ION” MEANS A COMMUNICATIO N 20
133	133	TRANSMITTED BY MEANS OF AN ELECTRONIC DEV ICE, INCLUDING A TELEPHON E, 21
134	134	CELLULAR PHONE , COMPUTER , OR PAGER. 22
135	135
136	136	(C) (1) “HARASSMENT OR INTIMID ATION” MEANS INTENTIONAL 23
137	137	CONDUCT, INCLUDING ORAL, PHYSICAL, OR WRITTEN CONDUCT O R INTENTIONAL 24
138	138	ELECTRONIC COMMUNICA TION THAT CREATES A HOSTILE WO RK ENVIRONMENT BY 25
139	139	SUBSTANTIALLY INTERF ERING WITH AN EMPLOY EE’S BENEFITS, OPPORTUNITIES , 26
140	140	OR PERFORMANCE , OR WITH AN EMPLOYEE ’S PSYCHOLOGICAL WELL–BEING AND IS: 27
141	141
142	142	(I) MOTIVATED BY AN ACTU AL OR PERCEIVED 28
143	143	CHARACTERISTIC OF AN EMPLOYEE , INCLUDING RACE , NATIONAL ORIGIN , MARITAL 29 4 SENATE BILL 214
144	144
145	145
146	146	STATUS, SEX, SEXUAL ORIENTATION , GENDER IDENTITY , RELIGION, ANCESTRY, 1
147	147	PHYSICAL ATTRIBUTES , SOCIOECONOMIC STATUS , OR PHYSICAL OR MENTA L 2
148	148	ABILITY OR DISABILIT Y; AND 3
149	149
150	150	(II) THREATENING OR SERIO USLY INTIMIDATING . 4
151	151
152	152	(2) “HARASSMENT OR INTIMID ATION” INCLUDES: 5
153	153
154	154	(I) THE HIRING OF INCOMPETENT SUBORDIN ATES; 6
155	155
156	156	(II) THE ASSIGNMENT OF UNSUITABLE, INAPPROPRIATE , OR 7
157	157	OFFENSIVE TASKS ; 8
158	158
159	159	(III) THE ASSIGNMENT OF AN EXCESSIVE WORKLOAD ; 9
160	160
161	161	(IV) THE SABOTAGE OF AN EMPLOYEE ’S WORK; 10
162	162
163	163	(V) THE PUBLIC DISCIPLIN ING OR REPRIMAND ING OF AN 11
164	164	EMPLOYEE IN A MANNER THAT CAN BE SEEN OR HEARD BY AN EMPLOYEE ’S 12
165	165	COLLEAGUES , CUSTOMERS , OR CLIENTS; AND 13
166	166
167	167	(VI) THE TAKING OF CREDIT FOR ANOTHER EMPLOYEE’S WORK. 14
168	168
169	169	(D) “TIP PROGRAM” MEANS THE ELECTRONIC TIP PROGRAM CREATED BY 15
170	170	THE COMMISSIONER UNDER § 5–1303(A) OF THIS SUBTITLE. 16
171	171
172	172	(E) “VICTIM OF HARASSMENT OR INTIMIDATION REPORTING FORM ” MEANS 17
173	173	THE FORM CREATED BY THE COMMISSIONER UNDER § 5–1302(C) OF THIS SUBTITLE. 18
174	174
175	175	5–1302. 19
176	176
177	177	(A) IF AN EMPLOYER RECEIV ES A REPORT OF AN IN CIDENT OF HARASSMENT 20
178	178	OR INTIMIDATION , THE EMPLOYER SHALL REPORT THE INCIDENT TO THE 21
179	179	COMMISSIONER USING THE VICTIM OF HARASSMENT OR INTIMI DATION REPORTING 22
180	180	FORM. 23
181	181
182	182	(B) THE FOLLOWING PERSONS MAY REPORT A N INCIDENT OF HARASS MENT 24
183	183	OR INTIMIDATION TO THE COMMISSIONER OR THE EMPLOYER OF THE VICTIM USING 25
184	184	THE VICTIM OF HARASS MENT OR INTIMIDATION REPORTING FORM : 26
185	185
186	186	(1) THE EMPLOYEE AGAINST WHOM THE HARASSMENT OR 27
187	187	INTIMIDATION WAS COMMITTED ; 28
188	188	SENATE BILL 214 5
189	189
190	190
191	191	(2) ANOTHER EMPLOYEE WHO WITNESSED THE HA RASSMENT OR 1
192	192	INTIMIDATION; OR 2
193	193
194	194	(3) ANY OTHER PERSON WHO HAS KNOWLEDGE OF THE HAR ASSMENT 3
195	195	OR INTIMIDATION . 4
196	196
197	197	(C) (1) THE COMMISSIONER SHALL CREATE A STAND ARD VICTIM OF 5
198	198	HARASSMENT OR INTIMI DATION REPORTING FOR M. 6
199	199
200	200	(2) THE VICTIM OF HARASSMENT OR INTIMI DATION REPORTING 7
201	201	FORM SHALL ALLOW FOR THE INCLUS ION OF: 8
202	202
203	203	(I) THE IDENTITY OF THE VICTIM AND , IF KNOWN, THE 9
204	204	ALLEGED PERPETRATOR ; 10
205	205
206	206	(II) AN INDICATION OF THE EMPLOYMENT POSIT ION OF THE 11
207	207	VICTIM AND, IF KNOWN, THE ALLEGED PERPETRATOR ; 12
208	208
209	209	(III) A DESCRIPTION OF THE HARASSMENT OR IN TIMIDATION 13
210	210	ALLEGED TO HAVE BEEN COMMITTED , INCLUDING ANY RELEVANT STATEMENT S 14
211	211	MADE BY THE ALLEGED PERPETRATOR OR ONGOI NG PATTERN S OF HARASSMENT OR 15
212	212	INTIMIDATION; 16
213	213
214	214	(IV) AN INDICATION OF THE LOCATION WHERE THE 17
215	215	HARASSMENT OR INTIMI DATION IS ALLEGED TO HAVE BE EN COMMITTED ; 18
216	216
217	217	(V) THE IDENTITY OF ANY NEGATIVE PSYCHOL OGICAL EFFECTS 19
218	218	NOTED BY THE PERSON SUBMIT TING THE FORM DUE TO THE ALLEGED H ARASSMENT 20
219	219	OR INTIMIDATION , INCLUDING POSSIBLY RELATED PHYSICAL EFFECTS ; 21
220	220
221	221	(VI) THE IDENTITY OF ANY REQUEST FOR PSYC HOLOGICAL 22
222	222	SERVICES INITIATED B Y THE VICTIM OF THE ALLEGED HARASSMENT OR 23
223	223	INTIMIDATION OR THE VICTIM’S FAMILY, IF KNOWN; AND 24
224	224
225	225	(VII) INSTRUCTIONS ON HOW TO FILL OUT AND SUBMIT THE 25
226	226	FORM. 26
227	227
228	228	(3) EACH EMPLOYER SHALL POST IN A PLACE ACCESSIBL E TO ALL 27
229	229	EMPLOYEES NOTICE OF THE AVAILABILITY AND PURPOSE OF THE VICTIM OF 28
230	230	HARASSMENT OR INTIMIDATION REPO RTING FORM. 29
231	231
232	232	5–1303. 30
233	233	6 SENATE BILL 214
234	234
235	235
236	236	(A) THE COMMISSIONER MAY ESTA BLISH AN ANONYMOUS E LECTRONIC TIP 1
237	237	PROGRAM THAT ALLOWS EMPLOYEES AND OTHER PERSONS TO REPORT INCIDENTS 2
238	238	OF ALLEGED HARASSMENT OR INTIMI DATION. 3
239	239
240	240	(B) IF THE COMMISSIONER ESTABLIS HES A TIP PROGRAM , EACH EMPLOYER 4
241	241	SHALL POST IN A PLACE ACCE SSIBLE TO ALL EMPLOYEES INFORMATIO N 5
242	242	REGARDING THE TIP PROGRAM , INCLUDING HO W AN EMPLOYEE MAY US E THE TIP 6
243	243	PROGRAM. 7
244	244
245	245	(C) ON RECEIPT OF A REPOR T OF ALLEGED HARASSMENT OR INTIMI DATION 8
246	246	THROUGH THE TIP PROG RAM, THE RECIPIENT OF THE REPORT , OR THE RECIPIENT ’S 9
247	247	DESIGNEE, SHALL: 10
248	248
249	249	(1) COMPLETE A VICTIM OF HARASSMENT OR INTIMI DATION 11
250	250	REPORTING FORM ; AND 12
251	251
252	252	(2) INCLUDE A TRANSCRIPT OF ANY RELEVANT COMMUNICATION 13
253	253	RECEIVED THROUGH THE ANONYMOUS ELECTRONIC TIP PROGRAM WITH THE 14
254	254	VICTIM OF HARASSMENT OR INTIMIDATION REPORTING FORM . 15
255	255
256	256	(D) THE GOVERNOR MAY INCLUDE FUNDING IN THE STATE BUDGET TO 16
257	257	PROVIDE GRANTS TO THE MARYLAND DEPARTMENT OF LABOR FOR THE 17
258	258	ESTABLISHMENT OF THE TIP PROGRAM . 18
259	259
260	260	5–1304. 19
261	261
262	262	(A) THE INFORMATION CONTA INED IN A VICTIM OF HARASSMENT OR 20
263	263	INTIMIDATION REPORTI NG FORM OR RECEIVED THROUGH THE TIP PROGRAM IS 21
264	264	CONFIDENTIAL AND MAY NOT BE DISCLOSED EXCEPT BY ORDER OF A COURT . 22
265	265
266	266	(B) AN EMPLOYER MAY NOT T AKE RETALIATORY ACTI ON AGAINST AN 23
267	267	EMPLOYEE FOR SUBMITTING A VICTIM OF HARASSMENT OR INTIMIDATION 24
268	268	REPORTING FORM OR A TIP THROUGH THE TI P PROGRAM. 25
269	269
270	270	5–1305. 26
271	271
272	272	(A) (1) ON OR BEFORE DECEMBER 1 EACH YEAR, BEGINNING IN 2024, 27
273	273	THE COMMISSIONER SHALL SU BMIT A REPORT TO THE SENATE FINANCE 28
274	274	COMMITTEE AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS 29
275	275	COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 30
276	276	ARTICLE, THAT SUMMARIZES THE INFOR MATION INCLUDED IN T HE VICTIM OF 31
277	277	HARASSMENT OR INTIMI DATION REPORTING FOR MS SUBMITTED TO THE 32
278	278	COMMISSIONER DURING THE IMMEDIATELY PRECEDIN G YEAR. 33 SENATE BILL 214 7
279	279
280	280
281	281
282	282	(2) THE REPORT SUBMITTED UNDER PARAGRAPH (1) OF THIS 1
283	283	SUBSECTION SHALL INCLUDE , TO THE EXTENT FEASIB LE: 2
284	284
285	285	(I) A DESCRIPTION OF THE TYPES OF HARASSMENT OR 3
286	286	INTIMIDATION REPORTED; 4
287	287
288	288	(II) THE POSITIONS HELD B Y VICTIMS AND THE ALLEGED 5
289	289	PERPETRATO RS; 6
290	290
291	291	(III) A DESCRIPTION OF COR RECTIVE ACTIONS TAKEN BY THE 7
292	292	EMPLOYER OR THE COMMISSIONER AFTER RE CEIPT OF THE VICTIM OF 8
293	293	HARASSMENT OR INTIMI DATION REPORTING FOR MS; AND 9
294	294
295	295	(IV) THE NUMBER OF UNSUBS TANTIATED ALLEGATION S 10
296	296	REPORTED. 11
297	297
298	298	(B) THE COMMISSIONER SHALL AD OPT REGULATIONS TO I MPLEMENT THIS 12
299	299	SUBTITLE. 13
300	300
301	301	SECTION 2. AND BE IT FURTHER ENACTED, That the Commissioner of Labor 14
302	302	and Industry shall adopt the regulations required under § 5–1305 of the Labor and 15
303	303	Employment Article, as enacted by Section 1 of this Act, on or before January 1, 2024. 16
304	304
305	305	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
306	306	October 1, 2023. 18