Bill Text: HI SCR12 | 2019 | Regular Session | Amended


Bill Title: Requesting Members Of The United States Congress To Amend Federal Law To Ensure That Victims Of Sexual Harassment And Sexual Assault Who Might Otherwise Be Forced Into Arbitration And Silence Instead Have Access To The Courts.

Spectrum: Strong Partisan Bill (Democrat 15-1)

Status: (Engrossed) 2019-04-15 - Report adopted. referred to the committee(s) on FIN as amended in HD 1 with none voting aye with reservations; none voting no (0) and Representative(s) Eli, Gates, Holt, Nakamura excused (4). [SCR12 Detail]

Download: Hawaii-2019-SCR12-Amended.html

THE SENATE

S.C.R. NO.

12

THIRTIETH LEGISLATURE, 2019

H.D. 1

STATE OF HAWAII

 

 

 

 

 

SENATE CONCURRENT

RESOLUTION

 

 

REQUESTING MEMBERS OF THE UNITED STATES CONGRESS TO AMEND FEDERAL LAW TO ENSURE THAT VICTIMS OF SEXUAL HARASSMENT AND SEXUAL ASSAULT WHO MIGHT OTHERWISE BE FORCED INTO ARBITRATION AND SILENCE INSTEAD HAVE ACCESS TO THE COURTS.

 

 


     WHEREAS, access to the judicial system, whether federal or state, is a fundamental right of all Americans that should extend fully to persons who have been subjected to sexual harassment and sexual assault; and

 

     WHEREAS, many employers require their employees, as a condition of employment, to sign arbitration agreements mandating that sexual harassment claims be resolved through arbitration instead of judicial proceedings; and

 

     WHEREAS, arbitration requirements are often set forth in clauses found within the fine print of lengthy employment contracts, and that these clauses are typically presented in boilerplate "take-it-or-leave-it" fashion by employers; and

 

     WHEREAS, additional concerns arise from the secrecy requirements of arbitration clauses, which disserve the public interest by keeping both the harassment complaints and any settlements confidential; and

 

     WHEREAS, the prevalence of mandatory arbitration clauses and the associated secrecy requirements create a culture of silence that protects serial perpetrators at the cost of their victims; and

 

     WHEREAS, the United States Senate and House of Representatives are considering legislation to address the issue of forced arbitration and secrecy in sexual harassment and sexual assault cases, and enable the victims of such egregious misconduct to seek redress in the courts; and

 

     WHEREAS, the Hawaii State Legislature applauds the female members of the United States Senate and House of Representatives who are working in a bipartisan fashion to craft and advance this important legislation; now, therefore,

 

     BE IT RESOLVED by the Senate of the Thirtieth Legislature of the State of Hawaii, Regular Session of 2019, the House of Representatives concurring, that members of the United States Congress are respectfully requested to amend federal law to ensure that victims of sexual harassment and sexual assault who might otherwise be forced into arbitration and silenced instead have access to the courts; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Speaker of the United States House of Representatives, President Pro Tempore of the United States Senate, members of each state's congressional delegation, and Governor.

 

 

 

Report Title: 

Sexual Harassment and Assault; Access to Courts; Safe Work Places

 

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