§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]
Structure Hawaii Revised Statutes
Title 21. Labor and Industrial Relations
378-1 to 378-10 REPEALED. §378-1 Definitions.
378-2 Discriminatory practices made unlawful; offenses defined.
378-2.2 Sexual harassment or sexual assault; nondisclosure agreements; prohibited.
378-2.4 Employer inquiries into and consideration of salary or wage history.
378-2.5 Employer inquiries into conviction record.
378-2.7 Employer inquiries into and consideration of credit history or credit report.
378-4 Enforcement jurisdiction.
378-6 Inspection; investigation; records.
378-27.5 Enforcement jurisdiction; complaint against unlawful practice.
378-28 Power of department to prevent unlawful practice.
378-28.5 Investigation; oaths; affidavits; subpoena; witnesses; immunities.
378-32 Unlawful suspension, barring, discharge, withholding pay, demoting, or discrimination.
378-33 Complaint against unlawful suspension, discharge, or discrimination.
378-34 Proceeding and hearing on complaint.
378-37 Enforcement of order; judgment rendered thereon.
378-51 Action against labor organization, limitation.
378-62 Discharge of, threats to, or discrimination against employee for reporting violations of law.
378-63 Civil actions for injunctive relief or damages.
378-64 Remedies ordered by court.
378-65 Penalties for violations
378-66 Collective bargaining and confidentiality rights, takes precedence.
378-67 Compensation for employee participation in investigation, hearing, or inquiry.
378-68 Notices of employee protections and obligations.
378-69 Conflict with common law, precedence.
378-70 Protected disclosure by a public employee.
378-72 Leave of absence for domestic or sexual violence.
378-73 Relationship to other leaves.
378-74 Effect on employment and collective bargaining agreements; benefits.
378-81 Reasonable accommodations.
378-92 Opportunity to express milk.