CHAPTER 118


97-H 5173A am
Approved Jul. 3, 1997


AN ACT RELATING TO SEXUAL HARASSMENT, EDUCATION AND TRAINING IN THE WORKPLACE

It is enacted by the General Assembly as follows

SECTION 1. Title 28 of the General Laws entitled "Labor and Labor Relations" is hereby amended by adding thereto the following chapter:

{ADD CHAPTER 51
SEXUAL HARASSMENT, EDUCATION AND TRAINING IN THE WORKPLACE
ADD}

{ADD 28-51-1. Definitions. -- ADD} {ADD (a) As used in this chapter the term "sexual harassment" means any unwelcome sexual advances or requests for sexual favors or any other verbal or physical conduct of a sexual nature when submission to such conduct or such advances or requests is made either explicitly or implicitly a term or condition of an individual's employment. ADD}

{ADD (b) As used in this chapter, the term "employer" means any entity employing fifty (50) or more employees. ADD}

{ADD 28-51-2. Adoption of workplace policy and statement. -- ADD} {ADD (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 which 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 such agencies.

(2) provide to all employees a written copy of the employer's policy against sexual harassment; provided, however, that a new employee shall be provided such a copy at the time of his or her employment.

(c) Employers are encouraged to conduct an education and training program for new employees and members, within one (1) year of commencement of employment or membership, which includes at a minimum the information set forth in this section. Employers are encouraged to conduct additional training for new supervisory and managerial employees within one (1) year of commencement of employment which shall include at a minimum the information set forth in subsection (b), the specific responsibilities of supervisory and managerial employees and the methods that such employees should take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints. Employers and appropriate state agencies are encouraged to cooperate in making such training available.

(d) Employers shall provide copies of their written policies on sexual harassment to all employees upon their request on or before September 1, 1997. ADD}

{ADD 28-51-3. Education and training programs. -- ADD} {ADD Employers are encouraged to conduct an education and training program on sexual harassment consistent with the aims and purposes of this chapter for all employees, including, but not limited to supervisory or managerial personnel, on or before September 1, 1997. ADD}

SECTION 2. This act shall take effect upon passage.



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