EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0214*
SENATE BILL 214
K3 3lr0927
By: Senator Ellis
Introduced and read first time: January 23, 2023
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Employment – Harassment and Intimidation – Reporting 2
(Workplace Psychological Safety Act) 3
FOR the purpose of establishing requirements related to the reporting of incidents of 4
employee harassment and intimidation, including provisions regarding the reporting 5
of incidents by employers to the Commissioner of Labor and Industry and the 6
creation of a reporting form; authorizing the Commissioner to establish an electronic 7
tip program that allows persons to report incidents of alleged harassment or 8
intimidation of an employee; establishing that certain information shared in the 9
reporting of incidents of employee harassment or intimidation is confidential; and 10
generally relating to harassment and intimidation in employment. 11
BY repealing and reenacting, without amendments, 12
Article – Labor and Employment 13
Section 5–101(a) through (d) and (h) 14
Annotated Code of Maryland 15
(2016 Replacement Volume and 2022 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Labor and Employment 18
Section 5–801 19
Annotated Code of Maryland 20
(2016 Replacement Volume and 2022 Supplement) 21
BY adding to 22
Article – Labor and Employment 23
Section 5–1301 through 5–1305 to be under the new subtitle “Subtitle 13. Workplace 24
Psychological Safety” 25
Annotated Code of Maryland 26
(2016 Replacement Volume and 2022 Supplement) 27
2 SENATE BILL 214
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Labor and Employment 3
5–101. 4
(a) In this title the following words have the meanings indicated. 5
(b) “Commissioner” means the Commissioner of Labor and Industry. 6
(c) (1) “Employee” means, except as provided in § 5–401 of this title, an 7
individual whom an employer employs, for a wage or other compensation, in the business 8
of the employer. 9
(2) “Employee” includes: 10
(i) an individual whom a governmental unit employs; 11
(ii) an individual who is licensed as a taxicab driver and leases or 12
rents a taxicab from a person who operates or owns a taxicab business in Baltimore City; 13
(iii) an individual who is employed for part–time or temporary help 14
by a governmental unit or person who engages in a business that directly employs 15
individuals to provide part–time or temporary help to another governmental unit or person; 16
and 17
(iv) an individual who performs work for a governmental unit or 18
person to whom the individual is provided by another governmental unit or person who 19
engages in a business that directly employs individuals to provide part–time or temporary 20
help. 21
(d) (1) “Employer” means: 22
(i) except as provided in § 5–401 of this title, a person who is 23
engaged in commerce, industry, trade, or other business in the State and employs at least 24
one employee in that business; or 25
(ii) a public body. 26
(2) “Employer” includes: 27
(i) a person who operates or owns a taxicab business in Baltimore 28
City and leases or rents a taxicab to a licensed taxicab driver, to provide services to the 29
public; 30
SENATE BILL 214 3
(ii) a governmental unit or person who engages in a business that 1
directly employs individuals to provide part–time or temporary help to another 2
governmental unit or person; and 3
(iii) a governmental unit or person who contracts directly with 4
another governmental unit or person who engages in a business that directly employs 5
individuals to provide part–time or temporary help to another governmental unit or person. 6
(h) “Public body” means: 7
(1) a governmental unit; 8
(2) a public or quasi–public corporation of the State; 9
(3) a school district in the State or any unit of the district; or 10
(4) a special district in the State or any unit of the district. 11
5–801. 12
The penalties in this subtitle do not apply to: 13
(1) a public body; OR 14
(2) A VIOLATION OF SUBTITLE 13 OF THIS TITLE. 15
SUBTITLE 13. WORKPLACE PSYCHOLOGICAL SAFETY. 16
5–1301. 17
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 18
INDICATED. 19
(B) “ELECTRONIC COMMUNICAT ION” MEANS A COMMUNICATIO N 20
TRANSMITTED BY MEANS OF AN ELECTRONIC DEV ICE, INCLUDING A TELEPHON E, 21
CELLULAR PHONE , COMPUTER , OR PAGER. 22
(C) (1) “HARASSMENT OR INTIMID ATION” MEANS INTENTIONAL 23
CONDUCT, INCLUDING ORAL, PHYSICAL, OR WRITTEN CONDUCT O R INTENTIONAL 24
ELECTRONIC COMMUNICA TION THAT CREATES A HOSTILE WO RK ENVIRONMENT BY 25
SUBSTANTIALLY INTERF ERING WITH AN EMPLOY EE’S BENEFITS, OPPORTUNITIES , 26
OR PERFORMANCE , OR WITH AN EMPLOYEE ’S PSYCHOLOGICAL WELL–BEING AND IS: 27
(I) MOTIVATED BY AN ACTU AL OR PERCEIVED 28
CHARACTERISTIC OF AN EMPLOYEE , INCLUDING RACE , NATIONAL ORIGIN , MARITAL 29 4 SENATE BILL 214
STATUS, SEX, SEXUAL ORIENTATION , GENDER IDENTITY , RELIGION, ANCESTRY, 1
PHYSICAL ATTRIBUTES , SOCIOECONOMIC STATUS , OR PHYSICAL OR MENTA L 2
ABILITY OR DISABILIT Y; AND 3
(II) THREATENING OR SERIO USLY INTIMIDATING . 4
(2) “HARASSMENT OR INTIMID ATION” INCLUDES: 5
(I) THE HIRING OF INCOMPETENT SUBORDIN ATES; 6
(II) THE ASSIGNMENT OF UNSUITABLE, INAPPROPRIATE , OR 7
OFFENSIVE TASKS ; 8
(III) THE ASSIGNMENT OF AN EXCESSIVE WORKLOAD ; 9
(IV) THE SABOTAGE OF AN EMPLOYEE ’S WORK; 10
(V) THE PUBLIC DISCIPLIN ING OR REPRIMAND ING OF AN 11
EMPLOYEE IN A MANNER THAT CAN BE SEEN OR HEARD BY AN EMPLOYEE ’S 12
COLLEAGUES , CUSTOMERS , OR CLIENTS; AND 13
(VI) THE TAKING OF CREDIT FOR ANOTHER EMPLOYEE’S WORK. 14
(D) “TIP PROGRAM” MEANS THE ELECTRONIC TIP PROGRAM CREATED BY 15
THE COMMISSIONER UNDER § 5–1303(A) OF THIS SUBTITLE. 16
(E) “VICTIM OF HARASSMENT OR INTIMIDATION REPORTING FORM ” MEANS 17
THE FORM CREATED BY THE COMMISSIONER UNDER § 5–1302(C) OF THIS SUBTITLE. 18
5–1302. 19
(A) IF AN EMPLOYER RECEIV ES A REPORT OF AN IN CIDENT OF HARASSMENT 20
OR INTIMIDATION , THE EMPLOYER SHALL REPORT THE INCIDENT TO THE 21
COMMISSIONER USING THE VICTIM OF HARASSMENT OR INTIMI DATION REPORTING 22
FORM. 23
(B) THE FOLLOWING PERSONS MAY REPORT A N INCIDENT OF HARASS MENT 24
OR INTIMIDATION TO THE COMMISSIONER OR THE EMPLOYER OF THE VICTIM USING 25
THE VICTIM OF HARASS MENT OR INTIMIDATION REPORTING FORM : 26
(1) THE EMPLOYEE AGAINST WHOM THE HARASSMENT OR 27
INTIMIDATION WAS COMMITTED ; 28
SENATE BILL 214 5
(2) ANOTHER EMPLOYEE WHO WITNESSED THE HA RASSMENT OR 1
INTIMIDATION; OR 2
(3) ANY OTHER PERSON WHO HAS KNOWLEDGE OF THE HAR ASSMENT 3
OR INTIMIDATION . 4
(C) (1) THE COMMISSIONER SHALL CREATE A STAND ARD VICTIM OF 5
HARASSMENT OR INTIMI DATION REPORTING FOR M. 6
(2) THE VICTIM OF HARASSMENT OR INTIMI DATION REPORTING 7
FORM SHALL ALLOW FOR THE INCLUS ION OF: 8
(I) THE IDENTITY OF THE VICTIM AND , IF KNOWN, THE 9
ALLEGED PERPETRATOR ; 10
(II) AN INDICATION OF THE EMPLOYMENT POSIT ION OF THE 11
VICTIM AND, IF KNOWN, THE ALLEGED PERPETRATOR ; 12
(III) A DESCRIPTION OF THE HARASSMENT OR IN TIMIDATION 13
ALLEGED TO HAVE BEEN COMMITTED , INCLUDING ANY RELEVANT STATEMENT S 14
MADE BY THE ALLEGED PERPETRATOR OR ONGOI NG PATTERN S OF HARASSMENT OR 15
INTIMIDATION; 16
(IV) AN INDICATION OF THE LOCATION WHERE THE 17
HARASSMENT OR INTIMI DATION IS ALLEGED TO HAVE BE EN COMMITTED ; 18
(V) THE IDENTITY OF ANY NEGATIVE PSYCHOL OGICAL EFFECTS 19
NOTED BY THE PERSON SUBMIT TING THE FORM DUE TO THE ALLEGED H ARASSMENT 20
OR INTIMIDATION , INCLUDING POSSIBLY RELATED PHYSICAL EFFECTS ; 21
(VI) THE IDENTITY OF ANY REQUEST FOR PSYC HOLOGICAL 22
SERVICES INITIATED B Y THE VICTIM OF THE ALLEGED HARASSMENT OR 23
INTIMIDATION OR THE VICTIM’S FAMILY, IF KNOWN; AND 24
(VII) INSTRUCTIONS ON HOW TO FILL OUT AND SUBMIT THE 25
FORM. 26
(3) EACH EMPLOYER SHALL POST IN A PLACE ACCESSIBL E TO ALL 27
EMPLOYEES NOTICE OF THE AVAILABILITY AND PURPOSE OF THE VICTIM OF 28
HARASSMENT OR INTIMIDATION REPO RTING FORM. 29
5–1303. 30
6 SENATE BILL 214
(A) THE COMMISSIONER MAY ESTA BLISH AN ANONYMOUS E LECTRONIC TIP 1
PROGRAM THAT ALLOWS EMPLOYEES AND OTHER PERSONS TO REPORT INCIDENTS 2
OF ALLEGED HARASSMENT OR INTIMI DATION. 3
(B) IF THE COMMISSIONER ESTABLIS HES A TIP PROGRAM , EACH EMPLOYER 4
SHALL POST IN A PLACE ACCE SSIBLE TO ALL EMPLOYEES INFORMATIO N 5
REGARDING THE TIP PROGRAM , INCLUDING HO W AN EMPLOYEE MAY US E THE TIP 6
PROGRAM. 7
(C) ON RECEIPT OF A REPOR T OF ALLEGED HARASSMENT OR INTIMI DATION 8
THROUGH THE TIP PROG RAM, THE RECIPIENT OF THE REPORT , OR THE RECIPIENT ’S 9
DESIGNEE, SHALL: 10
(1) COMPLETE A VICTIM OF HARASSMENT OR INTIMI DATION 11
REPORTING FORM ; AND 12
(2) INCLUDE A TRANSCRIPT OF ANY RELEVANT COMMUNICATION 13
RECEIVED THROUGH THE ANONYMOUS ELECTRONIC TIP PROGRAM WITH THE 14
VICTIM OF HARASSMENT OR INTIMIDATION REPORTING FORM . 15
(D) THE GOVERNOR MAY INCLUDE FUNDING IN THE STATE BUDGET TO 16
PROVIDE GRANTS TO THE MARYLAND DEPARTMENT OF LABOR FOR THE 17
ESTABLISHMENT OF THE TIP PROGRAM . 18
5–1304. 19
(A) THE INFORMATION CONTA INED IN A VICTIM OF HARASSMENT OR 20
INTIMIDATION REPORTI NG FORM OR RECEIVED THROUGH THE TIP PROGRAM IS 21
CONFIDENTIAL AND MAY NOT BE DISCLOSED EXCEPT BY ORDER OF A COURT . 22
(B) AN EMPLOYER MAY NOT T AKE RETALIATORY ACTI ON AGAINST AN 23
EMPLOYEE FOR SUBMITTING A VICTIM OF HARASSMENT OR INTIMIDATION 24
REPORTING FORM OR A TIP THROUGH THE TI P PROGRAM. 25
5–1305. 26
(A) (1) ON OR BEFORE DECEMBER 1 EACH YEAR, BEGINNING IN 2024, 27
THE COMMISSIONER SHALL SU BMIT A REPORT TO THE SENATE FINANCE 28
COMMITTEE AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS 29
COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 30
ARTICLE, THAT SUMMARIZES THE INFOR MATION INCLUDED IN T HE VICTIM OF 31
HARASSMENT OR INTIMI DATION REPORTING FOR MS SUBMITTED TO THE 32
COMMISSIONER DURING THE IMMEDIATELY PRECEDIN G YEAR. 33 SENATE BILL 214 7
(2) THE REPORT SUBMITTED UNDER PARAGRAPH (1) OF THIS 1
SUBSECTION SHALL INCLUDE , TO THE EXTENT FEASIB LE: 2
(I) A DESCRIPTION OF THE TYPES OF HARASSMENT OR 3
INTIMIDATION REPORTED; 4
(II) THE POSITIONS HELD B Y VICTIMS AND THE ALLEGED 5
PERPETRATO RS; 6
(III) A DESCRIPTION OF COR RECTIVE ACTIONS TAKEN BY THE 7
EMPLOYER OR THE COMMISSIONER AFTER RE CEIPT OF THE VICTIM OF 8
HARASSMENT OR INTIMI DATION REPORTING FOR MS; AND 9
(IV) THE NUMBER OF UNSUBS TANTIATED ALLEGATION S 10
REPORTED. 11
(B) THE COMMISSIONER SHALL AD OPT REGULATIONS TO I MPLEMENT THIS 12
SUBTITLE. 13
SECTION 2. AND BE IT FURTHER ENACTED, That the Commissioner of Labor 14
and Industry shall adopt the regulations required under § 5–1305 of the Labor and 15
Employment Article, as enacted by Section 1 of this Act, on or before January 1, 2024. 16
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
October 1, 2023. 18