HB 168 - Requires Legislative Ethics Commission to Review Sexual Harassment Complaints - Kentucky Key Vote

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Title: Requires Legislative Ethics Commission to Review Sexual Harassment Complaints

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Title: Requires Legislative Ethics Commission to Review Sexual Harassment Complaints

Vote Smart's Synopsis:

Vote to pass a bill that requires the Legislative Ethics Commission to review sexual harassment complaints.

Highlights:

 

  • Prohibits a legislator, legislative agent, or the director of the Legislative Research Commission from engaging in discrimination or sexual harassment of any legislator, legislative agent, or employee of the legislative branch of state government, and any violation is considered ethical misconduct (Sec. 1).

  • Authorizes the Commission to have jurisdiction to investigate and proceed as to any violation of this code upon the filing of a complaint (Sec. 4).

  • Authorizes a complaint to be filed against a former legislator, a former legislative agent, or a former employer of a legislative agent within one year of the date they left office or terminated lobbying registration (Sec. 4).

  • Requires that an allegation of discrimination or sexual harassment by an employee of the legislative branch of state government to be communicated by the executive director of the Commission, or a designee of the human resources officer of the Commission, no later than one business day after receipt of the allegation (Sec. 4).

  • Requires the Commission to establish and supervise a program of ethics education and training, including (Sec. 5):

    • Preparing and publishing an ethics education manual; 

    • Designing and supervising orientation courses for new legislators; and

    • Designing and supervising current issue seminars for legislators and employees of the legislative branch of state government. 

  • Defines “sexual harassment” as any sexual advance, request for sexual favors, or other verbal or physical conduct or communication of a sexual manner if (Sec. 2):

    • Submission to the advances, request conduct, or communication is an explicit or implicit term or condition of obtaining or retaining employment; 

    • Submission to or rejection of the advances, requests, conduct, or communication affects decisions concerning a person’s employment; 

    • The conduct or communication has the purpose or effect of unreasonably interfering with a person’s ability to perform their job function or of creating a hostile work environment; or

    • The conduct or communication is sexual harassment as describes in the federal Civil Rights Act of 1964, state or federal case law, or is enforced in policy or regulation by the federal Equal Employment Opportunity Commission or the Kentucky Commission on Human rights. 

  • Specifies that a single incident may constitute sexual harassment if it is linked to an employment benefit or is severe (Sec. 2).

Title: Requires Legislative Ethics Commission to Review Sexual Harassment Complaints

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