STAND. COM. REP. NO. 3747

Honolulu, Hawaii

RE: H.B. No. 2495

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2495, H.D. 1, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose and intent of this measure is to prohibit an employer from entering into or requiring an employee to enter into a nondisclosure agreement pertaining to sexual harassment or sexual assault occurring in the workplace, at work-related events, between employees, or between the employer and an employee.

Your Committee received testimony in support of this measure from the Department of Human Services, Hawai‘i Civil Rights Commission, Hawai‘i State Commission on the Status of Women, AAUW of Hawaii, Hawaii State Democratic Women's Caucus, Hawai‘i Women Lawyers, and two individuals.

Your Committee finds that while the current statute specifically prohibits requiring nondisclosure agreements as a condition of employment, it does not prohibit other nondisclosure agreements, whether during employment or post-employment. Even without an express exception for confidential settlement agreements, the narrow focus of the statutory prohibition as a condition of employment does not cover nondisclosure agreements in settlement agreements. This measure further prohibits an employer from entering into a nondisclosure agreement that prevents the employee from disclosing or discussing sexual harassment or assault related to the workplace, expanding the prohibition beyond simply preventing an employer from requiring non-disclosure as a condition of employment.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2495, H.D. 1, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

________________________________

KARL RHOADS, Chair