Montgomery Council Enacts Bill Sponsored by Councilmember Will Jawando Creating Greater Opportunity to Remedy Workplace Sexual Harassment

For Immediate Release: Tuesday, October 6, 2020

ROCKVILLE, Md., Oct. 6, 2020—Today, the Montgomery County Council unanimously approved Bill 14-20, which defines the term “harassment” and the term “sexual harassment,” giving individuals a better remedy if confronted with workplace harassment.

Councilmember Will Jawando is the lead sponsor. Councilmembers Nancy Navarro, Evan Glass, Gabe Albornoz, Council Vice President Tom Hucker, Council President Sidney Katz, Hans Riemer and Craig Rice are cosponsors. This bill aims to ensure that individuals have protections in place related to workplace harassment. Current case law has created an extremely high standard of “severe or pervasive” to prove harassment cases. In the absence of a codified definition for “harassment” or “sexual harassment,” current practice limits the ability to seek a remedy.

“It is long past due that we address a deficient standard related to the definitions of harassment and sexual harassment in our laws,” said Councilmember Jawando. “This is an issue that disproportionately affects women in the workplace, and it ties in with all of the critical work we have been doing in Montgomery County to address disparities in equity based on gender, race, sexual orientation and other factors. Sexual harassment is not just uncomfortable, it is also frightening and disturbing. This bill will make the workplace more professional for all.”

Over the last several years the “Me Too” movement has brought to light the pervasiveness of workplace sexual harassment. In 2018, NPR reported that a survey conducted by the nonprofit Stop Street Harassment found that “81 percent of women and 43 percent of men have experienced sexual harassment.”

Bill 14-20 requires that:

1. The term “harassment” in subsection (a) is defined as “include verbal, written, or physical conduct, regardless of whether the conduct would be considered sufficiently severe or pervasive under precedent applied to harassment claims”;
2. The term “sexual harassment” in subsection (a) is defined as “unwelcome sexual advances, requests for sexual favors, or other verbal, written, or physical conduct of a sexual nature, whether or not the conduct would be considered sufficiently severe or pervasive under precedent applied to harassment claims.”

The Council staff report for Bill 14-20 can be viewed here.

Councilmember Jawando’s remarks at the vote on Bill 14-20 can be viewed here.

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Release ID: 20-393
Media Contact: Cecily Thorne 240-777-7972