SB 117-18: Stop the Harassment Act - REDRAFTED

[Pyro]

Cracking down on workplace harassment is a smart move, however specificity must be prioritized when adding to the Atlasian penal code. In other words, I would strongly recommend narrowing down on specific definitions of sexual harassment. The definition provided in this bill is far too vague, and includes activities that do not merit, in my view, a six month prison sentence.

For instance, the below would provide specific activities that are classified as sexual harassment. I would ask that a member of the Senate introduce this as an amendment.

1. As used in this act Sexual harassment means gender-based discrimination involving unwanted sexual conduct. This shall include the following acts:
a. Intentional groping or touching of another person without a legitimate purpose in order to degrade or abuse the person being touched or in order to satisfy a sexual desire.
b. Sexual abuse, or the subjecting of another person to sexual contact without consent or by forcible compulsion.
c. Coerced sexual acts or gestures without consent.
d. Intentional displaying of pornographic images without consent.
e. Indecent exposure.
f. Stalking.

deliberate or repeated unsolicited verbal comments, gestures, or physical contact of a sexual nature, which are unwelcome. Sexual harassment does not refer to occasional compliments; it refers to behavior which is not welcome, which is personally offensive and debilitates morale, interfering with the work effectiveness of the employee and his or her co-workers. Sexual harassment includes but is not limited to unsolicited and unwanted text messages comparing genitals to Balkan or Mediterranean foods.

[Pyro]

Per the bill's sponsor, we are intentionally excluding violent forms of sexual harassment or abuse in this bill. Therefore, I've updated the details within the proposed amendment, and request a sitting senator sponsor this. In all transparency, much of this is borrowed from the NY Human Rights Law.

Stop the Harassment Act

1. As used in this act sexual harassment means gender-based discrimination involving unwanted sexual conduct that involves unwelcome, potentially non-violent sexual conduct that -
a. Is used as the basis for hiring or other employment decisions, such as promotions, raises or job assignments;
b. Creates an intimidating, hostile or offensive work environment.

2. For the purposes of this law, sexual harassment may include the following -
a. Unwanted touching or inappropriate physical contact without a legitimate purpose in order to degrade or abuse the person being touched.
b. Requests for sexual favors, which may be accompanied by implied or overt threats concerning one’s job
performance evaluation or promotion.
c. Verbal harassment or abuse in the form of a pattern of sexual comments or questions.
d. Sexual gestures without consent.
e. Intentional displaying of pornographic photographs or drawings without consent.
f. Indecent exposure.

3. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute unlawful sexual harassment when -
a. Submission to such conduct is made (either explicitly or implicitly) a term or condition of employment;
b. Submission to, or rejection, of such conduct is used as a basis for decisions affecting one’s employment; or
c. Such conduct has the purpose or effect of interfering with an individual’s work performance, or creating an intimidating, hostile or offensive working environment.

deliberate or repeated unsolicited verbal comments, gestures, or physical contact of a sexual nature, which are unwelcome. Sexual harassment does not refer to occasional compliments; it refers to behavior which is not welcome, which is personally offensive and debilitates morale, interfering with the work effectiveness of the employee and his or her co-workers. Sexual harassment includes but is not limited to unsolicited and unwanted text messages comparing genitals to Balkan or Mediterranean foods.

4. 2. It shall be a misdemeanor punishable with imprisonment for no more than six (6) months and a fine of no less than $1,000.00 and more than $10,000.00 for any employer, supervisor, or manager operating in interregional commerce to engage in sexual harassment of any employee over whom he or she has either direct management, supervision, or control, the ability to promote, reassign, or terminate an employee, or the ability to set, adjust, or award the salary, pay, or other economic renumeration.

5. 3. No Senator or candidate for federal office shall be permitted to use campaign funds or federally provided office or administrative funds to pay for any legal settlement for sexual harassment or other sexual misconduct.

6. 4. This act shall take effect January 1, 2024.

[Pyro]

Reminder that the incredibly vague language of this bill, and the implication that individuals may be sent to prison for uncouth text messages, means it is all but certain to be struck down in court.