1998 Regular Session
To: Judiciary A
By: Representative Green (72nd)
House Bill 301
AN ACT TO PROVIDE A CAUSE OF ACTION FOR SEXUAL HARASSMENT; TO PROVIDE FOR THE ELEMENTS OF SUCH CAUSE OF ACTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) A person is liable in a cause of action for sexual harassment when the plaintiff proves all of the following elements:
(a) There is a business, service, or professional relationship between the plaintiff and defendant. Such a relationship includes any of the following:
(i) Physician, psychotherapist or dentist-patient.
(ii) Attorney, marriage, family or child counselor, licensed clinical social worker, master of social work, real estate agent, real estate appraiser, accountant banker, trust officer, financial planner loan officer, collection service, contractor, or escrow loan officer-client.
(iii) Executor, trustee, or administrator beneficiary.
(iv) Landlord or property manager-tenant.
(vi) A relationship that is substantially similar to any of the above.
(b) The defendant has made sexual advances, solicitations, sexual requests, or demands for sexual compliance by the plaintiff that were unwelcome and persistent or severe, continuing after a request by the plaintiff to stop.
(c) There is an inability by the plaintiff to easily terminate the relationship without tangible hardship.
(d) The plaintiff has suffered or will suffer economic loss or disadvantage or personal injury as a result of the conduct described in paragraph (b).
(2) Nothing in this section shall be construed to limit application of any other remedies provided under the law.
SECTION 2. This act shall take effect and be in force from and after July 1, 1998.