00                            HOUSE BILL NO. 405                                                                          
01 "An Act relating to sexual harassment claims; and providing for an effective date."                                     
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 23 is amended by adding a new chapter to read:                                                     
04                  Chapter 55. Workplace Sexual Harassment.                                                             
05 Sec. 23.55.010. Workplace sexual harassment claims; prohibition on                                                    
06 nondisclosure. (a) Except as necessary to prevent the disclosure of information that is                               
07 otherwise confidential by law, neither an employer nor a contract for employment may                                    
08 require that an employee or applicant for employment be bound by nondisclosure of                                       
09       sexual harassment as a condition of employment.                                                                   
10            (b)  In this section,                                                                                        
11                 (1)  "employee" means an individual employed by an employer;                                            
12 (2)  "employer" means a person, the state, a municipality, a regional                                                   
13 educational attendance area, a school district, a state university, or a state or municipal                             
14 agency, department, division, instrumentality, or public corporation that employs one                                   
15 or more full-time employees under a contract of hire, express or implied, oral or                                       

01       written; "employer" does not include a club that is exclusively social or a fraternal or                          
02       religious association or corporation if the club, association, or corporation is not                              
03       organized for private profit;                                                                                     
04                 (3)  "sexual harassment" means an unwelcome sexual advance, request                                     
05       for a sexual favor, or other verbal or physical conduct of a sexual nature toward an                              
06       employee or applicant for employment, when                                                                        
07                      (A)  the employer makes submission to the conduct either                                           
08            explicitly or implicitly a term or condition of employment for the applicant for                             
09            employment or of continued employment for the employee;                                                      
10 (B)  submission to or rejection of the conduct is used by the                                                           
11 employer as the basis for employment decisions affecting the employee or                                                
12            applicant for employment; or                                                                                 
13 (C)  the conduct has the purpose or effect of unreasonably                                                              
14 interfering with the work performed for the employer by the employee or                                                 
15 applicant for employment, or creates an intimidating, hostile, or offensive                                             
16            working environment.                                                                                         
17    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
18 read:                                                                                                                   
19 APPLICABILITY. AS 23.55.010, enacted by sec. 1 of this Act, applies to agreements                                       
20 entered into after June 30, 2018.                                                                                       
21    * Sec. 3. This Act takes effect July 1, 2018.