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PRINTER'S NO. 554
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
509
Session of
2021
INTRODUCED BY COLLETT, MUTH, L. WILLIAMS, KEARNEY, SANTARSIERO,
CAPPELLETTI, COMITTA, KANE, SAVAL, TARTAGLIONE, HUGHES,
HAYWOOD, FONTANA, STREET, SCHWANK AND COSTA, APRIL 9, 2021
REFERRED TO LABOR AND INDUSTRY, APRIL 9, 2021
AN ACT
Amending Title 46 (Legislature) of the Pennsylvania Consolidated
Statutes, providing for professional conduct.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 46 of the Pennsylvania Consolidated
Statutes is amended by adding a part to read:
PART III
PROFESSIONAL CONDUCT
Chapter
21. Complaints of Behavior Constituting Sexual Harassment
CHAPTER 21
COMPLAINTS OF BEHAVIOR CONSTITUTING
SEXUAL HARASSMENT
Subchapter
A. General Provisions
B. Office of Compliance
C. Administrative Provisions
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D. Prevention and Response Training
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
2101. Scope of chapter.
2102. Legislative intent.
2103. Definitions.
2104. Prohibition.
2105. Retaliation.
§ 2101. Scope of chapter.
This chapter relates to member and employee training and
official oversight (ME TOO) for legislative agencies.
§ 2102. Legislative intent.
This chapter is intended to:
(1) Protect employees of legislative agencies from
sexual harassment.
(2) Provide for the investigation and resolution of
complaints involving sexual harassment of employees of
legislative agencies.
(3) Provide for programs of sexual harassment prevention
and response training in employment.
§ 2103. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Caucus." The Democratic or Republican Caucus of the Senate
or House of Representatives.
"Complaint." A written report of a violation of section 2104
(relating to prohibition) or 2105 (relating to retaliation)
filed by an employee under section 2114 (relating to complaint
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and hearing) and the policies and procedures established by the
office.
"Director." The director of the office.
"Elected official." A member of the Senate or House of
Representatives.
"Employee." The following:
(1) An employee of a legislative agency.
(2) An officer of the Senate or House of
Representatives.
(3) A paid or unpaid intern of a legislative agency.
"Legislative agency" or "employer." Any of the following:
(1) Subject to paragraph (15), the Senate.
(2) Subject to paragraph (15), the House of
Representatives.
(3) The Capitol Preservation Committee.
(4) The Center for Rural Pennsylvania.
(5) The Joint Legislative Air and Water Pollution
Control and Conservation Committee.
(6) The Joint State Government Commission.
(7) The Legislative Budget and Finance Committee.
(8) The Legislative Data Processing Committee.
(9) The Independent Regulatory Review Commission.
(10) The Legislative Reference Bureau.
(11) The Local Government Commission.
(12) The Pennsylvania Commission on Sentencing.
(13) The Legislative Reapportionment Commission.
(14) The Legislative Audit Advisory Commission.
(15) With respect to an employee of the Senate or House
of Representatives, other than an employee of an officer of
the Senate or House of Representatives, the caucus with
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control or supervision of the employee's job
responsibilities.
(16) The Office of Compliance established in Subchapter
B (relating to Office of Compliance).
(17) The office of an officer of the Senate or House of
Representatives.
(18) Another office, agency, board or commission under
the control or supervision of the Senate or House of
Representatives.
"Office." The Office of Compliance established in Subchapter
B.
"Party." The employee filing a complaint or the employee or
elected official who is the subject of a complaint, as the
context shall require.
"Selection committee." The selection committee established
in section 2111(b) (relating to Office of Compliance).
"Sexual harassment." Unwelcome sexual advances, requests for
sexual favors and other conduct of a sexual nature.
§ 2104. Prohibition.
The following conduct is prohibited:
(1) Using the submission to or rejection of conduct
constituting sexual harassment by an employee as a basis for
an employment decision affecting the employee.
(2) Making submission to conduct constituting sexual
harassment, either explicitly or implicitly, a term or
condition of an employee's employment.
(3) Engaging in conduct constituting sexual harassment
that unreasonably alters an individual's terms, conditions or
privileges of employment, including conduct that is so
frequent or severe that it creates a hostile, offensive or
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intimidating work environment.
§ 2105. Retaliation.
No adverse action may be taken against an employee, other
than an employee who is the subject of a complaint or against
whom a civil action has been filed, who does any of the
following:
(1) files a complaint under section 2114 (relating to
complaint and hearing) or a civil action under section 2113
(relating to initiation of proceedings);
(2) participates in proceedings resulting from the
filing of a complaint or civil action;
(3) participates in an investigation conducted under
section 2114(b); or
(4) discloses, reports or opposes sexual harassment that
constitutes a violation of section 2104 (relating to
prohibition).
SUBCHAPTER B
OFFICE OF COMPLIANCE
Sec.
2111. Office of Compliance.
2112. Duties.
2113. Initiation of proceedings.
2114. Complaint and hearing.
2115. Judicial review.
§ 2111. Office of Compliance.
(a) Establishment.--The Office of Compliance is established
as an independent office within the legislative branch of the
Commonwealth. The office shall be charged with receiving,
investigating and resolving complaints.
(b) Selection committee.--The selection committee is
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established to appoint a director after conducting a search and
interviewing applicants for the position and to exercise other
authority provided under this chapter. The selection committee
shall consist of one member from each of the four caucuses, to
be appointed by:
(1) the Majority Leader and the Minority Leader of the
Senate; and
(2) the Majority Leader and the Minority Leader of the
House of Representatives.
(c) Director.--
(1) The office shall be headed by a director appointed
by the selection committee. The appointment shall be made
without regard to political affiliation and solely on the
basis of fitness to perform the duties of director. The
director must have training or experience in the application
of rights, protections and remedies relating to sexual
harassment that constitutes a violation of section 2104
(relating to prohibition).
(2) No individual who is registered as a lobbyist under
65 Pa.C.S. Ch. 13A (relating to lobbying disclosure) or who
is an employee at the time of submission of an application
for appointment may be eligible for appointment as director.
(3) The compensation of the director shall be set by the
selection committee.
(4) The director may not engage in outside employment
while serving as director, unless the outside employment is
approved in writing by the selection committee.
(d) Term of director.--
(1) The term of office of the director shall be six
years. An individual appointed as director to fill a vacancy
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prior to the expiration of a term shall serve only for the
unexpired portion of the term.
(2) An individual who serves as director at the
expiration of a term may continue to serve until a successor
is appointed by the selection committee.
(3) The director may be removed for cause by a
concurrent resolution passed by the Senate and the House of
Representatives.
(e) Staff.--
(1) The director shall hire attorneys, individuals to
serve as hearing officers, investigators and other staff as
the director deems necessary to carry out the duties of the
office. Staff shall be hired without regard to political
affiliation. The director shall use best efforts to assure
that individuals being considered for hire by the office are
not biased and do not have a conflict of interest or
potential conflict of interest with any individual covered by
this chapter. Individuals hired to serve as hearing officers
shall be licensed to practice law in this Commonwealth.
(2) Staff of the office shall be compensated at a rate
to be determined by the director.
(3) Staff who are designated under section 2112(3)
(relating to duties) must have training or experience in the
application of rights, protections and remedies relating to
sexual harassment that constitutes a violation of section
2104.
§ 2112. Duties.
The office shall perform the following duties:
(1) Establish and implement policies and procedures for
reporting, investigating and resolving complaints not
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inconsistent with this chapter. The policies and procedures
shall include a separate process for complaints filed about
an employee of the office, including the director, and shall
be posted on the office's publicly accessible Internet
website.
(2) Develop and implement the training programs under
Subchapter D (relating to prevention and response training).
(3) Prepare and distribute for posting in each
legislative agency information regarding how to access the
policies and procedures posted under paragraph (1), the
availability of the assistance of an attorney or
reimbursement for counseling under Subchapter C (relating to
administrative provisions) and the names and contact
information of the staff in the office with whom employees
should be in contact under section 2113(a) (relating to
initiation of proceedings) or with whom employees should file
a complaint.
(4) Develop and maintain a master list of individuals
licensed to practice law in this Commonwealth who are
experienced in adjudicating or arbitrating complaints of
sexual harassment that constitute a violation of section 2104
(relating to prohibition) to serve as hearing officers under
section 2114 (relating to complaint and hearing). The
individuals on the list developed and maintained under this
paragraph shall supplement individuals hired under section
2111(e)(1) (relating to Office of Compliance) to serve as
hearing officers.
§ 2113. Initiation of proceedings.
(a) Initial contact.--An employee may contact an individual
designated under 2112(3) (relating to duties) for assistance in
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determining the employee's rights under this chapter and other
Federal, State or local law.
(b) Privacy protections.--The individual who is contacted by
an employee under subsection (a) may not disclose or acknowledge
to any other person any information relating to the initial
contact, except when the disclosure or acknowledgment pertains
to any of the following:
(1) communicating with staff of the office for purposes
of assistance in determining the employee's rights;
(2) consulting with a law enforcement official or agency
for the purpose of initiating with the consent of the
employee, participating in or responding to an investigation
or prosecution by the law enforcement official or agency; or
(3) such other exceptions as the office by regulation
may direct.
(c) Filing of complaint or action.--
(1) An employee may file a complaint under section 2114
(relating to complaint and hearing) or a civil action in
Commonwealth Court in its original jurisdiction without
exhausting administrative remedies available under this
chapter.
(2) Nothing in this chapter shall be construed to
prohibit an employee from speaking to law enforcement about
alleged criminal conduct.
§ 2114. Complaint and hearing.
(a) Filing of complaint.--An employee may file a complaint
with the office. The director shall send a letter setting forth
each allegation in the complaint to the following:
(1) The subject of the complaint.
(2) The employer of the subject of the complaint if the
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subject is an employee.
(3) The elected official's caucus if the subject of the
complaint is an elected official.
(b) Investigation.--Upon receipt of the complaint, the
director shall assign an investigator to investigate the
allegations in the complaint. The investigator shall be
authorized to conduct such interviews and review such materials
as the investigator deems appropriate, shall prepare a written
report of the investigator's findings, and shall provide a copy
of the report to the director.
(c) Determination.--Upon review of the report received under
subsection (b), the director shall make a determination as to
whether or not the findings of the investigator contained in the
report support a determination that the complaint states a claim
under this chapter. The following shall apply:
(1) If the director determines that the complaint does
not state a claim under this chapter, the director shall
dismiss the complaint and shall notify the parties in writing
of the dismissal.
(2) If the director determines that the complaint states
a claim under this chapter, the director shall appoint a
hearing officer to consider the complaint, conduct a hearing
and render a decision. Staff of the office not involved in
the investigation of the complaint may assist the hearing
officer.
(d) Hearing.--Unless a complaint is dismissed under
subsection (c), a hearing shall be:
(1) Commenced no later than 60 days after the completion
of the investigation under subsection (b), except that the
office may, for good cause, extend the time for conducting
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the hearing for up to an additional 30 days.
(2) Conducted in closed session by the hearing officer.
(e) Discovery and attorneys.--
(1) Depositions of witnesses may be taken in the manner
prescribed by the laws of this Commonwealth other than this
chapter for the taking of a deposition in a civil action.
(2) Reasonable prehearing discovery may be permitted at
the discretion of the hearing officer. Discovery may include
access to the investigator's report.
(3) A party may be represented in the hearing by an
attorney and may have one additional individual attend the
hearing for support.
(f) Subpoenas.--
(1) At the request of a party, the hearing officer may
issue subpoenas for the attendance of witnesses and for the
production of books, papers, records, accounts, reports,
documents and data and information produced and stored by any
electronic data processing system as the hearing officer
deems necessary.
(2) Any person who willfully neglects or refuses to
respond to a subpoena issued under this section shall be
subject to the penalties provided by law of this Commonwealth
other than this chapter in such case.
(3) The hearing officer shall have the power to
administer oaths and affirmations to witnesses.
(4) If a person refuses, on the basis of relevance,
privilege or other objection, to testify in response to a
question or to produce records in connection with a
proceeding before a hearing officer, the hearing officer
shall rule on the objection.
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(g) Burden and standard of proof.--The employee filing the
complaint shall have the burden of proving, by a preponderance
of the evidence, that a violation of section 2104 (relating to
prohibition) or 2105 (relating to retaliation) has occurred.
(h) Confidentiality.--
(1) Except as otherwise provided in this chapter and as
may be required by legal process in connection with an appeal
of the hearing officer's decision under section 2115
(relating to judicial review):
(i) the complaint and the contents of the complaint,
filings by the parties and evidence produced, including
investigative reports, in connection with a complaint
filed or hearing held under this section shall be
confidential; and
(ii) no evidence or testimony taken in a closed
session may be released to any person.
(2) The final decision of the hearing officer shall not
be confidential, except that at the request of the employee
who filed the complaint, the name of the employee and any
facts that may lead to the identification of the employee
shall be redacted before the decision is issued.
(i) Decision.--
(1) The hearing officer shall issue a final decision in
writing as expeditiously as possible, but in no case more
than 90 days after the conclusion of the hearing.
(2) The final decision shall be served by the office on
the parties and the employer or caucus that received the
letter under subsection (a).
(j) Procedure.--
(1) Except as may be provided under this chapter, the
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procedures described in this section shall be subject to the
practices and procedures contained in 2 Pa.C.S. Ch. 5 Subch.
A (relating to practice and procedure of Commonwealth
agencies), except for 2 Pa.C.S. § 508 (relating to notice to
Department of Justice).
(2) The office shall promulgate regulations to implement
the provisions of this section. In order to facilitate the
prompt implementation of this section, the office may
promulgate temporary regulations that shall expire not later
than two years following the publication of the temporary
regulation. The promulgation of temporary regulations under
this paragraph shall not be subject to:
(i) Sections 201, 202, 203, 204 and 205 of the act
of July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(ii) Sections 204(b) and 301(10) of the act of
October 15, 1980 (P.L.950, No.164), known as the
Commonwealth Attorneys Act.
(iii) The act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
(3) The office's authority to adopt temporary
regulations under paragraph (2) shall expire two years after
the effective date of this section. Regulations adopted after
this period shall be promulgated as provided by law.
§ 2115. Judicial review.
(a) Appeal.--A party aggrieved by a decision of a hearing
officer under section 2114 (relating to complaint and hearing)
may file a petition for review of the decision in Commonwealth
Court, which shall have appellate jurisdiction over the
petition.
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(b) Standard of review.--The court shall set aside a
decision of a hearing officer if the court determines that the
decision of the hearing officer was:
(1) arbitrary, capricious, an abuse of discretion or
otherwise not consistent with law;
(2) inconsistent with required procedures; or
(3) unsupported by substantial evidence.
SUBCHAPTER C
ADMINISTRATIVE PROVISIONS
Sec.
2121. Legal assistance.
2122. Counseling.
2123. Nondisclosure agreements.
2124. Workplace adjustments.
2125. Settlements and awards.
2126. Right-to-Know Law.
2127. Reports.
2128. Safe harbor.
§ 2121. Legal assistance.
(a) Option.--
(1) Either an employee who files a complaint or the
subject of the complaint may engage an attorney of the
employee or subject's choosing to provide legal assistance
and advice to the employee or subject in connection with
proceedings initiated under this chapter.
(2) If requested by an individual engaging an attorney
under paragraph (1), the office shall pay for the reasonable
cost of the attorney.
(3) This section shall not apply to an attorney engaged
by a party in connection with a civil action filed under
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section 2113(c) (relating to initiation of proceedings).
(b) Approval.--
(1) An individual who intends to engage an attorney
under subsection (a) to be paid for by the office must
provide to the director the name of the attorney to be
engaged and the name of the attorney's law firm if
applicable, and the proposed hourly rate to be charged. The
hourly rate shall be subject to the approval of the director.
(2) The director shall approve an hourly rate that is
reasonable for the work to be performed and reflects market
rates in the location where the attorney practices.
(c) Contract.--
(1) If approval under subsection (b)(2) has been
received, the individual engaging the attorney or law firm
must enter into a written contract with the attorney or law
firm.
(2) Invoices for payment under the contract shall be
provided directly to the individual who engaged the attorney
or law firm who shall review and approve them for payment by
the office. The individual shall provide the office with a
written request for payment that only reflects the invoice
amount to be paid.
§ 2122. Counseling.
An employee filing a complaint may seek reimbursement from
the office for the cost that is not reimbursed by insurance of
any counseling sought by the employee from a professional
therapist trained in psychological issues arising out of
subjection by the employee to sexual harassment constituting a
violation of section 2104 (relating to prohibition).
§ 2123. Nondisclosure agreements.
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(a) Involuntary agreements.--A nondisclosure agreement or
provision may not be imposed on an employee as a condition of
the initiation of any of the procedures or assistance available
under this chapter.
(b) Voluntary agreements.--Nothing in subsection (a) shall
be construed to prohibit the parties to any procedure available
under this chapter from voluntarily entering into a settlement
agreement with a nondisclosure provision agreed to by each party
as part of the settlement of a complaint or a civil action.
(c) Elected officials.--Notwithstanding the provisions of
subsection (b), an elected official who is the subject of a
complaint shall not benefit from a nondisclosure agreement or
provision under subsection (b) if the settlement agreement
requires the payment of money to or for the benefit of the
employee who filed the complaint from the funds of an entity
described in section 2125(a)(1) (relating to settlements and
awards). In such event, at the request of the employee who filed
the complaint, any facts that may lead to the identification of
the employee shall be redacted.
§ 2124. Workplace adjustments.
(a) General rule.--The employer of an employee filing a
complaint shall, upon the request of the employee filing the
complaint, make adjustments to the employee's work hours and
location that may be appropriate under the circumstances.
(b) Forms of adjustments.--The adjustments may include:
(1) removing the employee filing the complaint or the
subject of the complaint from the physical work location of
the employee filing the complaint; or
(2) allowing the employee filing the complaint to be
placed on administrative leave with continued pay and
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benefits, if applicable.
§ 2125. Settlements and awards.
(a) Settlements.--The parties may enter into a settlement
agreement at any time during the proceedings authorized under
this chapter with terms as may be agreed to by the parties. The
following shall apply:
(1) If the agreement requires the payment of money to or
for the benefit of the employee filing a complaint, the
following must be a party to the agreement unless the subject
of the complaint has agreed to pay the money from the
subject's personal funds:
(i) The employer of the subject of the complaint if
the subject is an employee.
(ii) The elected official's caucus if the subject of
the complaint is an elected official.
(2) If the agreement requires the payment of money to or
for the benefit of the employee who filed the complaint from
a source other than the personal funds of the subject of the
complaint, the payment shall be made by the party to the
agreement under paragraph (1).
(b) Awards.--If the decision of a hearing officer under
section 2114 (relating to complaint and hearing) includes an
order requiring the payment of money to or for the benefit of
the employee filing the complaint, the payment shall be made by
one of the following unless the subject of the complaint has
agreed to pay the money from the subject's personal funds:
(1) The employer of the subject of the complaint if the
subject is an employee.
(2) The elected official's caucus if the subject of the
complaint is an elected official.
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(c) Personal liability of elected official.--If a payment is
made by a legislative agency under subsection (a) or (b)
resulting from a complaint filed about an elected official, the
elected official shall reimburse the legislative agency for the
amount of the payment and shall reimburse the office for any
legal fees paid by the office on behalf of the elected official
under section 2121 (relating to legal assistance) if:
(1) the hearing officer's decision finds that a
violation of section 2104 (relating to prohibition) or 2105
(relating to retaliation) occurred;
(2) the subject of the complaint admits that a violation
of section 2104 or 2105 occurred; or
(3) a civil action filed under section 2113(c) (relating
to initiation of proceedings) results in the finding of a
violation of section 2104 or 2105.
§ 2126. Right-to-Know Law.
(a) Legislative agency.--For purposes of the act of February
14, 2008 (P.L.6, No.3), known as the Right-to-Know Law, the
office shall be considered a legislative agency as defined under
section 102 of the Right-to-Know Law and shall provide
legislative records in accordance with the Right-to-Know Law
except as otherwise provided in this section.
(b) Final decision.--The final decision of the hearing
officer under section 2114 (relating to complaint and hearing)
shall be publicly available from the office in response to a
request submitted under the Right-to-Know Law. If the decision
was redacted under section 2114(h)(2), the redacted version
shall be provided to the requester.
(c) Redaction.--At the request of the employee who filed a
complaint, the office shall redact the name of the employee and
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any facts that may lead to the identification of the employee
from a record provided in accordance with the Right-to-Know Law.
§ 2127. Reports.
(a) Legislative agencies.--Not later than 60 days after the
end of each calendar year, each legislative agency shall publish
on its publicly accessible Internet website a report identifying
the amount of each award or settlement paid by the legislative
agency during the previous year under section 2125 (relating to
settlements and awards).
(b) Office.--Not later than 180 days after the effective
date of this section and every two years thereafter, the office
shall submit a report to the General Assembly that includes the
following information for the reporting period:
(1) The number of complaints filed by employees with the
office and the type of behavior reported.
(2) Whether the complaints were filed about employees or
elected officials.
(3) The average length of time to resolve a complaint.
(4) The number of settlement agreements entered into by
the parties.
(5) The number of settlement agreements with
nondisclosure provisions.
(6) The total amount of awards or settlements paid to or
for the benefit of employees.
(7) The number and types of remedial actions taken as a
result of the filing of complaints.
(8) How many employees filing complaints remained
employed by the legislative agency following resolution of
the complaint.
§ 2128. Safe harbor.
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(a) Employees.--The rights, protections and benefits
afforded employees by this chapter shall be deemed to
supplement, and be in addition to, any right, protection or
benefit afforded by any other Federal, State or local law.
(b) Employers.--Notwithstanding subsection (a), an employer
shall not be required to establish and maintain separate
policies and procedures for the reporting of or response to a
complaint alleging the violation of section 2104 (relating to
prohibition) or 2105 (relating to retaliation) provided the
employer cooperates with the office and otherwise complies with
the employer's obligations under this chapter.
SUBCHAPTER D
PREVENTION AND RESPONSE TRAINING
Sec.
2131. Development of training programs.
2132. Schedule.
§ 2131. Development of training programs.
(a) Duty of office and attendance.--The office shall develop
training programs concerning the prevention of and response to
sexual harassment that constitutes a violation of section 2104
(relating to prohibition) and conduct that constitutes a
violation of section 2105 (relating to retaliation). All
employees and elected officials shall attend the training
programs.
(b) Contents of training programs.--
(1) The training programs shall be based on the
principles of effective prevention and best practices in
consultation with a Statewide rape crisis center or other
organization with experience in counseling, training and
addressing issues of sexual harassment that constitutes a
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violation of section 2104.
(2) The training program for employees and elected
officials shall include at least the following elements:
(i) Bystander intervention and other strategies that
are found to be effective in workplace prevention.
(ii) The elements of the conduct prohibited under
sections 2104 and 2105 and examples of the conduct.
(iii) The effects of sexual harassment constituting
a violation of section 2104 on victims and the workplace
at large.
(iv) Examples of barriers to reporting incidences of
violations of sections 2104 and 2105.
(v) The consequences of being found to be in
violation of section 2104 or 2105 or found to be in
violation of Federal law prohibiting sexual harassment or
retaliation.
(vi) A description of the policies and procedures
developed by the office under section 2112(1) (relating
to duties), the procedures for contacting the office and
filing a complaint and the option for filing a civil
action.
(vii) Referrals and resources, including rape crisis
centers and other counseling services, attorneys, the
United States Equal Employment Opportunity Commission and
other similar Federal and State agencies.
(3) The additional training program for employees of the
office shall include at least the following elements:
(i) The receipt of disclosure of incidences of
sexual harassment, including confidentiality and privacy
considerations.
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(ii) The provision of referrals and resources to
complaining employees and individuals who are the subject
of complaints, including to appropriate law enforcement.
(iii) The policies and procedures developed by the
office under section 2112(1).
(iv) Trauma-informed systems of response,
investigation and resolution.
(v) The anticipated roles of employees and elected
officials in the complaint, investigation, hearing and
resolution process.
§ 2132. Schedule.
The office shall conduct the training programs developed
under section 2131 (relating to development of training
programs) as follows:
(1) For an elected official, within 30 days following
the election of the elected official and annually thereafter
at such dates and times as the director shall determine. It
shall be a condition of being sworn in and seated that the
elected official shall have completed the training program
required by this paragraph.
(2) For employees, annually at such dates and times as
the director shall determine. The office shall conduct
training for an employee hired after the effective date of
this section within 30 days following the commencement of
employment by the employee. It shall be a condition of
continued employment that an employee complete the training
program required under this paragraph.
(3) For employees of the office, prior to being assigned
any work related to a complaint filed under this chapter.
Section 2. The addition of 46 Pa.C.S. Ch. 21 shall apply to
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conduct constituting a violation of 46 Pa.C.S. §§ 2104 or 2105
which occurs or is alleged to occur on or after the effective
date of this section.
Section 3. This act shall take effect in 60 days.
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