Workplace Harassment Bill Enacted In Montgomery County

ROCKVILLE, MD — Legislation that for the first time defines workplace sexual harassment and lowers the burden of proof for accusations was unanimously enacted Tuesday by the Montgomery County Council.

"It is long overdue that we address a deficient standard related to the definitions of harassment and sexual harassment in our laws," Councilmember Will Jawando, the bill's lead sponsor, said. "This bill will make the workplace more safe and professional for all."

Until Tuesday, the county did not have a codified definition for harassment or sexual harassment in the workplace. Those who claimed harassment had to prove it was "severe or pervasive" for action to be taken.

The newly-enacted law now defines harassment to include "verbal, written, or physical conduct, whether or not the conduct would be considered sufficiently severe or pervasive under precedent applied to harassment claims." A person's actions may constitute harassment if they are "more than a petty slight, trivial inconvenience, or minor annoyance."

Allegations are investigated by the county's Office of Human Rights.

The director of the office, James Stowe, said that the law will provide workers, particularly female employees, a "more fair and equitable process to bring these important issues and concerns to employers."

"(O)ne of the ongoing concerns raised by female employees specifically, is their difficulty in proving a complaint of a hostile work harassment workplace," Stowe said. "Either supervisors and managers do not believe the employee's story even when the situation is reported repeatedly to them or the employee is told to ignore the behavior and not be so sensitive.

"This law will provide these same employees a more fair and equitable process to bring these important issues and concerns to employers and if not resolved access to a legal solution."