2019 -- H 5343

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LC000677

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- SEXUAL HARASSMENT,

EDUCATION AND TRAINING IN THE WORKPLACE

     Introduced By: Representatives Vella-Wilkinson, Tanzi, Walsh, Diaz, and Alzate

     Date Introduced: February 07, 2019

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 28-51-2 of the General Laws in Chapter 28-51 entitled "Sexual

Harassment, Education and Training in the Workplace" is hereby amended to read as follows:

     28-51-2. Adoption of workplace policy and statement.

     (a) All employers and employment agencies shall promote a workplace free of sexual

harassment.

     (b) Every employer shall:

     (1) Adopt a policy against sexual harassment that shall include:

     (i) A statement that sexual harassment in the workplace is unlawful;

     (ii) A statement that it is unlawful to retaliate against an employee for filing a complaint

of sexual harassment or for cooperating in an investigation of a complaint for sexual harassment;

     (iii) A description and examples of sexual harassment;

     (iv) A statement of the range of consequences for employees who are found to have

committed sexual harassment;

     (v) A description of the process for filing internal complaints about sexual harassment

and the work addresses and telephone numbers of the person or persons to whom complaints

should be made; and

     (vi) The identity of the appropriate state and federal employment discrimination

enforcement agencies, and directions as to how to contact these agencies.

     (2) Provide to all employees a written copy of the employer's policy against sexual

harassment; provided, that a new employee shall be provided such a copy at the time of his or her

employment.

     (c) Employers are encouraged to shall conduct an education and training program for new

employees and members, within one year three (3) months of commencement of employment or

membership, which includes at a minimum the information set forth in this section. Employers

are encouraged to shall conduct additional training for new supervisory and managerial

employees within one year three (3) months of commencement of employment or promotion to a

management position which shall include at a minimum the information set forth in subsection

(b) of this section, the specific responsibilities of supervisory and managerial employees in the

identification and prevention of sexual harassment and the methods that these employees should

take to ensure immediate and appropriate corrective action in addressing sexual harassment

complaints and the prohibition against retaliation for reporting sexual harassment. Employers and

appropriate state agencies are encouraged to shall cooperate in making this training available.

Training material shall be made available by the department of administration to an employer

upon request free of charge. Refresher training for all employees including supervisory and

managerial shall be at two (2) year intervals.

     (d) Employers shall provide copies of their written policies on sexual harassment to all

employees upon their request.

     (e) Employers shall be required to maintain copies of their written policies on sexual

harassment at their business premises, and copies of such policies shall be made available to any

state or federal employment discrimination enforcement agency upon request.

     (f) An employer seeking state funds in excess of fifty thousand dollars ($50,000) from the

general assembly, contracts from the department of administration or who shall receive any state

expenditure including, but not limited to, any tax credit or incentive contained in title 44 shall

provide evidence satisfactory to the department of administration of compliance with the training

requirements of this section.

     SECTION 2. Chapter 28-51 of the General Laws entitled "Sexual Harassment, Education

and Training in the Workplace" is hereby amended by adding thereto the following section:

     28-51-4. Employee climate survey.

     Employers are encouraged to conduct an annual climate survey for employees and

members, which includes at a minimum the information set forth in this section. The climate

survey encouraged for employees may include topics related to sexual harassment, equal

opportunity in the workplace, and discrimination enforcement and may include survey questions

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promulgated by office of diversity, equity and opportunity. Provided, further, any climate survey

hereunder may be included as part of an existing engagement survey.

     SECTION 3. This act shall take effect on January 1, 2021.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- SEXUAL HARASSMENT,

EDUCATION AND TRAINING IN THE WORKPLACE

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     This act would mandate sexual harassment training for employees and supervisors of

employers of fifty (50) or more employees. It would recommend an annual climate survey for

employers.

     This act would take effect on January 1, 2021.

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