Bill Text: HI SB1041 | 2019 | Regular Session | Amended
Bill Title: Relating To Employment Practices.
Spectrum: Strong Partisan Bill (Democrat 15-1)
Status: (Engrossed - Dead) 2019-04-24 - Conference committee meeting scheduled for 04-25-19 2:00PM in conference room 423. [SB1041 Detail]
Download: Hawaii-2019-SB1041-Amended.html
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THE SENATE |
S.B. NO. |
1041 |
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THIRTIETH LEGISLATURE, 2019 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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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:
(1) Human resources
employees expected to maintain the confidentiality of an investigation as part
of their official duties;
(2) Employees
requested to maintain the confidentiality of an ongoing human resources
investigation; and
(3) Confidential
settlements between an employee alleging sexual harassment or sexual assault
and an employer only if the employee consents to confidentiality."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect on January 1, 2050.
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. (SB1041 HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
