Bill Text: HI SB3092 | 2020 | Regular Session | Introduced
Bill Title: Relating To Sexual Harassment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-27 - Referred to LCA, JDC. [SB3092 Detail]
Download: Hawaii-2020-SB3092-Introduced.html
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THE SENATE |
S.B. NO. |
3092 |
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THIRTIETH LEGISLATURE, 2020 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to sexual harassment.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that workplace harassment is prohibited under state and federal employment law, with protection against discrimination based on various factors, such as race, gender, age, marital status, national origin, religion, or disability. These protections prohibit harassment when it is so severe or pervasive that it creates a hostile work environment. According to the United States Equal Employment Opportunity Commission, "although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted)." Individuals who are harassed in the workplace based on these protected classes may be able to take legal action at the state level.
The legislature also finds that the State can learn from other jurisdictions, including Maryland, which enacted the Disclosing Sexual Harassment in the Workplace Act of 2018 on May 15, 2018. Like Maryland, the legislature further finds that employment-related sexual harassment claims made by certain employees should be disclosed for the purpose of providing transparency and prohibiting certain employers from taking adverse action against these employees. Accordingly, the purpose of the Act is to require:
(1) Employers with fifty or more employees to submit regular electronic reports to the Hawaii civil rights commission; and
(2) The Hawaii civil rights commission to publish and make accessible to the public on the commission's website quantitative information about legal settlements resulting from these reports.
SECTION 2. Chapter 368, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§368- Sexual
harassment claims; legal settlements; employers. (a)
By July 1, 2022, and every five years thereafter, all employers in the
State that employ fifty or more employees shall file an electronic report with
the commission that contains the following:
(1) The number of
legal settlements made by the employer after an allegation of sexual
harassment;
(2) The number of
legal settlements made by the employer after an allegation of sexual harassment
that included a provision requiring both parties to keep the terms of the legal
settlement confidential;
(3) The number of
times that the employer has made a legal settlement to resolve an allegation of
sexual harassment against any particular employee during the past ten years;
and
(4) If the employer
has made a legal settlement to resolve an allegation of sexual harassment
against a particular employee during the past ten years, whether the employer
subsequently took any disciplinary or other personnel action against the
employee against whom the allegation was made.
(b) The
commission shall publish and make accessible to the public on the commission's
website quantitative information about legal settlements resulting from the
electronic reports required under subsection (a)."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Sexual Harassment; Legal Settlements; Employers; Reporting Requirements
Description:
Requires employers that employee 50 or more employees to file regular electronic reports with the Hawaii Civil Rights Commission (HCRC) on legal settlements regarding sexual harassment. Requires HCRC to publish and make accessible to the public on the commission's website quantitative information about such legal settlements.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
