b'LEGAL MATTERSLEGAL MATTERS New(er) U.S. Coast Guard Sexual Harassment-reporting RequirementsSTEVEN E. BERS, ESQ. // PVA GENERAL COUNSELT heNationalDefenseAutho- party. The new law carries a potentialthe report of a complaint of a sexual rizationActforFiscalYearcivilpenaltyof$25,000,forfailureassault. A reporting failure subjected 2023hasestablisheden- toreportadescribedcomplaintorthe master or owner to a civil penal-hanced U.S. Coast Guard obligationsincident. If a report is not made in aty of up to $5,000. Clearly, the new for each vessel responsible party totimelymanner,$500maybeaddedlaw means business with far broader report any complaint or incident offor each day of noncompliance, up toreportingobligations,andten-fold harassment,sexualharassment,ora maximum civil penalty of $50,000potential civil liability. sexual assault of which the respon- per violation.sibleentityismadeaware.ThenewDeterminingthefullrangeand act requires not only an initial report,The Coast Guard reporting require- scopeoftheenhancedreportingre-but also a follow-up report providingment is not totally new. Prior law alsoquirements is no easy task, as literal anexplanationofwhatresponsivehadareportingrequirement,albeitinterpretationcouldvastlyexpand actionwastakenbytheresponsiblemuchmorelimited,requiringonlythereportingobligation.Forexam-ple,complaintsmustbereported, arguably even if the matter has been resolved,orifthecomplaintclearly andimmediatelyisshownorother-INNOVATIVE wise known to be demonstrably un-founded. Incidents must be reported, UNIQUEeven if no complaint was received. No PROVEN room is left for a vessel operator to edit whether a complaint or incident is un-founded or frivolous, and thus report-able. Literally interpreted, any and all complaints or incidents are reportable. Notably, the new statutory language differs from many other Federal and state reporting laws in that there is no provision for penalty or sanction for personsfoundtohavemadeacom-plaintofharassmentinbadfaithor knowingly false. Indeed, the scope of the new reporting law exceeds even the obligations of an employer under oth-erFederalanti-discriminationlaws, such as Title VII of the Civil Rights act, which does not require pro-active reporting of complaints or mandatory reporting of responsive actions.Bellingham, WA | 360.647.7602Sales@allamericanmarine.comFOGHORN 34'