STAND. COM. REP. NO. 1552

Honolulu, Hawaii

, 2019

RE: S.B. No. 1041

S.D. 2

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Labor & Public Employment, to which was referred S.B. No. 1041, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO EMPLOYMENT PRACTICES,"

begs leave to report as follows:

The purpose of this measure is to prohibit employers from:

(1) Requiring employees to enter into nondisclosure agreements as a condition of employment or preventing the employee from disclosing sexual harassment or sexual assault that occurs in the workplace, at work-related events, between employees, or between an employer and an employee; and

(2) Retaliating against employees for disclosing or discussing sexual harassment or sexual assault.

The Hawai‘i State Commission on the Status of Women, Screen Actors Guild–American Federation of Television and Radio Artists, Pride at Work Hawaii, Aloha State Association of the Deaf, Hawaii Women's Coalition, Planned Parenthood Votes Northwest and Hawaii, and a few individuals testified in support of this measure. The Department of Human Services, Hawai‘i Civil Rights Commission, and Hawai‘i Women Lawyers provided comments on this measure.

Your Committee has amended this measure by:

(1) Changing its effective date to January 1, 2050, to facilitate further discussion on this measure; and

(2) Making technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Labor & Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1041, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1041, S.D. 2, H.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Labor & Public Employment,

____________________________

AARON LING JOHANSON, Chair