STAND. COM. REP. NO. 1681
RE: S.B. No. 1048
Honorable Scott K. Saiki
Speaker, House of Representatives
Thirtieth State Legislature
Regular Session of 2019
State of Hawaii
Your Committee on Judiciary, to which was referred S.B. No. 1048, S.D. 1, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO SEXUAL HARASSMENT,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Make confidentiality clauses in employment agreements or contracts unenforceable as to sexual harassment claims unless included in a specific legal settlement or as provided by federal law;
(2) Prohibit mandatory arbitration of sexual harassment claims, and make agreements for mandatory arbitration of sexual harassment claims unenforceable; and
(3) Make confidentiality clauses in arbitration agreements unenforceable unless included in a specific legal settlement or as otherwise provided by federal law.
The Hawai‘i State Commission on the Status of Women, Aloha State Association of the Deaf, Rainbow Family 808, Planned Parenthood Votes Northwest and Hawaii, Hawaii Women's Coalition, and a few individuals testified in support of this measure. The Hawai‘i Civil Rights Commission and Hawai‘i Women Lawyers provided comments.
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 S.B. No. 1048, S.D. 1, H.D. 1, and recommends that it be referred to your Committee on Finance.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
CHRIS LEE, Chair