Honolulu, Hawaii


RE: S.B. No. 2313

S.D. 2




Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii




Your Committee on Judiciary, to which was referred S.B. No. 2313, S.D. 1, entitled:




begs leave to report as follows:


The purpose and intent of this measure is to prohibit an employer from:


(1) Requiring 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; and


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


Your Committee received testimony in support of this measure from Hawaii Civil Rights Commission, Department of Human Services, American Association of University Women, SAG-AFTRA, Women's Caucus of the Democratic Party of Hawaii, Hawaii Women's Coalition, The Queen's Health Systems, Iron Workers Stabilization Fund, and five individuals.


Your Committee finds that nondisclosure agreements that prevent disclosure of sexual assault and sexual harassment as a condition of employment silence victims of sexual harassment, sometimes allowing harassers to continue sexual harassment of other employees. There is also a concern that nondisclosure agreements enable repeat offenders to engage in a pattern of sexual harassment. Your Committee further finds that many victims of sexual assault and harassment do not report it because of fear of retaliation. This measure will help end the silencing of victims by banning nondisclosure agreements that prevent disclosure of sexual assault and harassment and prohibiting employers from retaliating against an employee for disclosing sexual harassment and assault.


Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.


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. 2313, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2313, S.D. 2.


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