HB 405: "An Act relating to sexual harassment claims; and providing for an effective date."

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.