Regular Session 2017-2018 House Bill 1957 P.N. 2971

PRINTER'S NO. 2971

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1957

Session of

2018

INTRODUCED BY THOMAS, MURT, KINSEY, KIRKLAND, SCHLOSSBERG,

ENGLISH, DRISCOLL, D. MILLER, SCHWEYER, CALTAGIRONE, MADDEN,

DONATUCCI AND GAINEY, FEBRUARY 2, 2018

REFERRED TO COMMITTEE ON RULES, FEBRUARY 2, 2018

AN ACT

Providing for the requirement of sexual harassment training for

members, officers, employees, interns and fellows of the

General Assembly and for a periodic survey.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Pennsylvania

Says Sexual Harassment Ends Now Act.

Section 2. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Employee." Any of the following:

(1) A member, officer or employee of the Senate or House

of Representatives.

(2) An intern or fellow serving in a position in an

office without regard to whether the intern or fellow

receives compensation.

"Office." An office employing employees of the Senate or

House of Representatives.

"Officer." An elected or appointed officer of the General

Assembly.

"Sexual harassment." Harassment that constitutes

discrimination based on sex that is prohibited under section 201

of the Congressional Accountability Act of 1995 (Public Law 104-

1, 2 U.S.C. § 1311).

Section 3. Sexual harassment training.

(a) General rule.--The Senate and House of Representatives

shall each issue rules requiring an employee to periodically

complete sexual harassment training.

(b) Requirements.--The rules issued under subsection (a)

shall include the following:

(1) An employee elected, appointed or hired after the

date on which the rules are issued who was not serving as an

employee immediately before being elected, appointed or hired

shall complete the training under subsection (a) no later

than 60 days after the date on which the individual assumes

the position.

(2) An individual employed on the date on which the

rules are issued who has not previously completed training

under subsection (a) shall complete the training no later

than 60 days after the date on which the rules are issued.

(3) In addition to complying with paragraphs (1) and

(2), each employee shall complete a course of training under

subsection (a) periodically, as specified by the Senate and

House of Representatives.

(4) An office shall submit to the Committee on Ethics of

the Senate or the Committee on Ethics of the House of

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Representatives:

(i) A list of each employee in the office on the

date on which the rules are issued who previously

completed training under subsection (a).

(ii) Information regarding the completion of

training under subsection (a) after the date on which the

rules are issued by the office.

(iii) Notice of a failure by an employee in the

office to comply with the rules.

required by the rules issued under subsection (a) shall include

the following:

(1) Information and practical guidance regarding

applicable Federal and State laws concerning the prohibition

against and the prevention and correction of sexual

harassment and the rights of victims of sexual harassment in

employment.

(2) Practical examples aimed at instructing supervisors

in the prevention of sexual harassment.

(3) Presentations by individuals with knowledge and

expertise in the prevention of sexual harassment.

(4) A discussion of the consequences for perpetrators of

sexual harassment.

(5) Information regarding the prohibition against

retaliation against witnesses to or individuals who

experience sexual harassment and who report the harassment.

(d) Consultation.--The Senate and House of Representatives,

in implementing the training under subsection (a) and in making

updates to the training, shall consult with the following:

(1) Entities having significant expertise in

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identifying, preventing and responding to sexual harassment.

(2) Sexual harassment victims or sexual harassment

victim advocates.

Section 4. Periodic survey.

During each legislative session, the Senate and House of

Representatives shall:

(1) In consultation with an entity having expertise in

developing surveys, conduct an anonymous survey of employees

relating to the prevalence of sexual harassment in the

General Assembly during the previous legislative session,

which shall include questions regarding:

(i) The experience of the respondent with sexual

harassment or related inappropriate behavior in the

General Assembly.

(ii) If the respondent experienced sexual harassment

or related inappropriate behavior and did not report the

incident, why the respondent chose not to do so.

(2) Submit a report on the results of the survey to the

Committee on Ethics of the Senate or the Committee on Ethics

of the House of Representatives.

(3) Take all steps necessary to preserve the anonymity

of survey respondents and protect the confidentiality of any

data that is collected under this section.

Section 5. Personal liability of employers.

No payment shall be made from any account of the General

Assembly for an award or settlement resulting from a violation

of a right or protection established under law which was

committed personally by an employee.

Section 6. Notification.

(a) Employees of the General Assembly.--The Senate and House

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of Representatives shall distribute a memorandum to all

employees containing the sexual harassment policies and

reporting procedures of the office in which they are employed.

(b) Lobbyists.--The General Assembly shall send a memorandum

to all registered lobbyists expressing a zero tolerance policy

for sexual harassment in a legislative agency.

Section 7. Effect of act.

(a) General rule.--Except as provided in subsection (b),

this act shall be used to supplement policies and procedures

established by the General Assembly, including those contained

in an employee handbook of the General Assembly.

(b) Conflicting provisions.--In the event of a conflict

between a provision under this act and a policy or procedure

established by the General Assembly, the provision under this

act shall govern.

Section 8. Effective date.

This act shall take effect in 60 days.

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