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A07512
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.
828
Session of
2018
INTRODUCED BY DELOZIER, OBERLANDER, TOEPEL, TOOHIL, STEPHENS,
CHARLTON, RYAN, O'NEILL, GREINER, MILLARD, ENGLISH, MURT,
ORTITAY, SAYLOR, KLUNK, WATSON, JOZWIAK, CAUSER, SCHLEGEL
CULVER, REED, MARSICO, MENTZER AND B. MILLER, APRIL 18, 2018
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, APRIL 18, 2018
A RESOLUTION
Establishing the Task Force on Harassment and Sexual Misconduct
in the Workplace.
WHEREAS, The General Assembly finds and declares as follows:
(1) Recent events require a review of laws and
procedures relating to the prevention of and response to
harassment and sexual misconduct in the workplace and the
policies implemented for the protection and safety of
employees.
(2) A review of these laws and procedures will help to
ensure that employers in this Commonwealth are able to
adequately protect their employees.
(3) Therefore, the General Assembly shall establish a
task force to conduct a thorough and comprehensive review to
ascertain inadequacies of the laws, regulations or policies
of this Commonwealth relating to the prevention of and
response to harassment and sexual misconduct in the
workplace;
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therefore be it
RESOLVED, That the Task Force on Harassment and Sexual
Misconduct in the Workplace be established; and be it further
RESOLVED, That the task force consist of the following
members, appointed within 25 days after the adoption of this
resolution:
(1) Six members knowledgeable and experienced in issues
relating to the prevention of and response to harassment and
sexual misconduct in the workplace as follows:
(i) Three members, who may be members of the Senate,
appointed by the President pro tempore of the Senate, in
consultation with the Majority Leader and the Minority
Leader of the Senate as follows:
(A) One member shall be an attorney with
significant practice expertise in the area of
employment law.
(B) One member shall have significant experience
in the human resources field.
(C) One member shall be an employer.
(ii) Three members, who may be members of the House
of Representatives shall be appointed by the Speaker of
the House of Representatives, in consultation with the
Majority Leader and Minority Leader of the House of
Representatives as follows:
(A) One member shall be an attorney with
significant practice expertise in the area of
employment law.
(B) One member shall have significant experience
in the human resources field.
(C) One member shall be an employer.
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(2) Four members appointed by the Governor as follows:
(i) One member shall be a member of the general
public.
(ii) One member shall be a member of a victim
organization or a services organization who is directly
involved in providing services to victims of harassment
and sexual misconduct in the workplace.
(iii) One member shall be an attorney with
significant experience representing plaintiffs who have
been victims of harassment and sexual misconduct in the
workplace.
(iv) The Secretary of Administration, or a designee
who shall be an employee of the Governor's Office of
Administration.
(3) The Secretary of Labor and Industry, or a designee
who shall be an employee of the Department of Labor and
Industry appointed in writing with a copy submitted to the
chairperson of the task force;
and be it further
RESOLVED, That the task force select the chairperson from
among the members; and be it further
RESOLVED, That the task force conduct its business as
follows:
(1) The physical presence of six members constitutes a
quorum of the task force.
(2) Action of the task force shall be authorized or
ratified by a majority vote of its members.
(3) A member not physically present may participate by
teleconference or video conference.
(4) The following shall apply:
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(i) The task force shall meet as necessary, but no
fewer than five times prior to December 31, 2018 March
31, 2019. Additional meetings may be called by the
chairperson as necessary.
(ii) The chairperson shall schedule a meeting upon
written request of eight members of the task force.
(iii) The first meeting shall be convened within 45
days.
(iv) The task force shall hold public hearings as
necessary to obtain the information required to conduct
its review.
(v) The Department of Labor and Industry, the
Pennsylvania Human Relations Commission and the Office of
Administration shall cooperate to provide administrative
or other assistance to the task force.
(vi) Members shall not receive compensation, but
shall be reimbursed for reasonable and necessary expenses
incurred in service of the task force;
and be it further
RESOLVED, That the task force have the following powers:
(1) To examine and analyze the practices, processes and
procedures relating to the prevention of and response to
harassment and sexual misconduct in the workplace.
(2) To review and analyze law, procedures, practices and
rules relating to the prevention of and response to
harassment and sexual misconduct in the workplace.
(3) To hold public hearings for the taking of testimony
and the requesting of documents;
and be it further
RESOLVED, That the chairperson of the task force have the
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powers:
(1) To administer oaths and affirmations to witnesses
appearing before the task force.
(2) To grant a one-time extension up to 30 days of the
report deadline upon written notification to the Governor,
President pro tempore of the Senate and the Speaker of the
House of Representatives.
(3) To grant a one-time extension of the task force
expiration in accordance to the extension of the report
deadline;
and be it further
RESOLVED, That the task force have the following duties:
(1) To accept and review written comments from
individuals and organizations.
(2) To make, by January 31, 2019 May 31, 2019, a final
report to the Governor, the Senate and the House of
Representatives.
(3) Based on the review, the report under paragraph (2)
shall include the following recommendations:
(i) To improve the reporting of harassment and
sexual misconduct in the workplace.
(ii) To implement any necessary changes to State
statutes and practices, policies or procedures relating
to the prevention of and response to harassment and
sexual misconduct in the workplace.
(iii) To encourage Pennsylvania employers to adopt
effective training practices in the workplace for the
prevention of and response to harassment and sexual
misconduct.
(4) To make reports as follows:
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(i) The task force may file status reports and
updates with the Governor, the Senate and the House of
Representatives as it deems appropriate.
(ii) A report under this paragraph shall be adopted
at a public meeting.
(iii) A report under this paragraph shall be a
public record under the act of February 14, 2008 (P.L.6,
No.3), known as the Right-to-Know Law;
and be it further
RESOLVED, That the task force expire February 28, 2019 June
30, 2019.
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