2020 Hawaii Revised Statutes
Title 21. Labor and Industrial Relations
378. Employment Practices
378-2.2 Sexual harassment or sexual assault; nondisclosure agreements; prohibited.
§378-2.2 Sexual harassment or sexual assault; 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 or discussing sexual harassment or sexual assault occurring in the workplace, at work-related events, between employees, or between an employer and an employee.
(b) No employer shall retaliate against an employee for disclosing or discussing sexual harassment or sexual assault.
(c) This section shall not apply to:
(1) Human resources employees who are expected to maintain the confidentiality of an investigation as part of their official duties;
(2) Employees who are requested to maintain the confidentiality of an ongoing human resources investigation; and
(3) Proceedings pursuant to section 624-25.5. [L 2020, c 17, §1]
