PRINTER'S NO. 805
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
755
Session of
2019
INTRODUCED BY TOEPEL, McCLINTON, DELOZIER, CEPHAS, BOBACK,
SCHLEGEL CULVER, DALEY, A. DAVIS, T. DAVIS, DAWKINS, DEASY,
DONATUCCI, FRANKEL, FREEMAN, GABLER, HANBIDGE, HILL-EVANS,
HOWARD, ISAACSON, KINSEY, KLUNK, KORTZ, KULIK, MASSER,
McNEILL, MEHAFFIE, MILLARD, MULLINS, MURT, NEILSON,
OBERLANDER, OTTEN, QUINN, RABB, READSHAW, REESE, ROTHMAN,
RYAN, SCHLOSSBERG, SCHWEYER, STEPHENS, THOMAS, TOOHIL,
WARREN, YOUNGBLOOD AND ZABEL, MARCH 8, 2019
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 8, 2019
AN ACT
Providing for workplace sexual harassment policies, for
prevention measures by employers and for duties of the
Pennsylvania Human Relations Commission.
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 Sexual
Harassment Employee Protection 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:
"Commission." The Pennsylvania Human Relations Commission.
"Employee." An individual employed by an employer.
"Employer." An individual, partnership, association,
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corporation, business trust, the Commonwealth, an agency,
authority or instrumentality of the Commonwealth, a political
subdivision, an agency, authority or instrumentality of a
political subdivision, or a person or group of persons acting,
directly or indirectly, in the interest of an employer in
relation to an employee.
"Hotline." A toll-free telephone number with voicemail
capabilities.
"Sexual harassment." Unwelcome sexual advances, requests for
sexual favors and other verbal or physical conduct of a sexual
nature when:
(1) submission to the conduct is made either explicitly
or implicitly a term or condition of an individual's
employment;
(2) submission to or rejection of the conduct by an
individual is used as the basis for employment decisions
affecting the individual; or
(3) the conduct has the purpose or effect of
unreasonably interfering with an individual's work
performance or creating an intimidating, hostile or offensive
working environment.
Section 3. Sample sexual harassment policy.
The commission shall develop and make accessible on the
commission's publicly accessible Internet website a sample
sexual harassment policy. The sample sexual harassment policy
shall be adaptable to any size or type of employer. At a
minimum, the sample sexual harassment policy shall contain all
of the following:
(1) A statement that sexual harassment will not be
tolerated.
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(2) A description of behavior defined as sexual
harassment, including examples.
(3) A complaint or grievance process that includes
taking immediate and appropriate action when a complaint of
sexual harassment involving an employee under the employer's
management is received. The complaint process shall detail
who may make a complaint and to whom a complaint may be made
and shall provide for at least one alternative designee to
receive complaints.
(4) A statement that any action taken on a complaint
will be documented by the employer.
(5) A prohibition against retaliation against any
individual for filing a complaint or testifying or
participating in any way in an investigation or other
proceeding involving a complaint of sexual harassment.
(6) A statement apprising employees of applicable
Federal and State law on sexual harassment.
Section 4. Training information.
The commission shall develop and make available on its
publicly accessible Internet website training information for
employers related to the prevention of and response to workplace
sexual harassment. At a minimum, the training information shall
include:
(1) Printable booklets and brochures.
(2) Educational videos.
(3) Internet-based interactive training exercises.
Section 5. Sexual harassment hotline.
(a) Hotline.--The commission shall, no later than six months
after the effective date of this section, establish and maintain
a sexual harassment hotline.
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(b) Purpose.--The hotline shall, at a minimum, provide the
following:
(1) Information about the availability of and means to
access the sample sexual harassment policy developed under
section 3.
(2) Information about availability of and means to
access the training information developed under section 4.
(3) Information about counseling services available to
victims of sexual harassment.
(4) Information about legal services available to
victims of sexual harassment.
(5) An option for employees covered by the act of
October 27, 1955 (P.L.744, No.222), known as the Pennsylvania
Human Relations Act, to file a complaint of sexual harassment
with the commission.
(c) Limitations on specific recommendations.--The commission
may recommend that any employer or employee opting to utilize
the hotline may seek private counsel or counseling services, but
may not recommend a specific attorney, law firm or counseling
service.
Section 6. Effective date.
This act shall take effect in 60 days.
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