THE SENATE	S.B. NO.	1041
THIRTIETH LEGISLATURE, 2019		S.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO EMPLOYMENT PRACTICES.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 378, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§378-    Sexual misconduct nondisclosure agreements; prohibited.  (a)  No employer shall require an employee to enter into, as a condition of employment, a nondisclosure agreement that prevents the employee from disclosing sexual harassment or sexual assault occurring in the workplace, at work-related events, between employees, or between an employer and an employee.

     (b)  It is an unlawful practice under this chapter for an employer to retaliate against an employee for disclosing or discussing sexual harassment or sexual assault.

     (c)  This section shall not apply to human resources employees expected to maintain the confidentiality of an investigation as part of their official duties, employees requested to maintain the confidentiality of an ongoing human resources investigation, and confidential settlements between an employee alleging sexual harassment and an employer."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

Report Title:

Employment Practices; Sexual Misconduct; Nondisclosure Agreement

 

Description:

Prohibits written nondisclosure agreements involving sexual assault and sexual harassment as part of an employee's conditions of employment.  Prohibits employers from retaliating against an employee for disclosing or discussing sexual harassment or sexual assault.  (SD2)

 

 

 

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