HOUSE OF REPRESENTATIVES

H.B. NO.

2123

THIRTIETH LEGISLATURE, 2020

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO SEXUAL HARASSMENT.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that workplace harassment is prohibited under state and federal employment law, with protection against discrimination based on various factors, such as race, gender, age, marital status, national origin, religion, or disability.  These protections prohibit harassment when it is so severe or pervasive that it creates a hostile work environment.  According to the United States Equal Employment Opportunity Commission, "although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted)."  Individuals who are harassed in the workplace based on these protected classes may be able to take legal action at the state level.

     The legislature also finds that the State can learn from other jurisdictions, including Maryland, which enacted the Disclosing Sexual Harassment in the Workplace Act of 2018 on May 15, 2018.  Like Maryland, the legislature further finds that employment-related sexual harassment claims made by certain employees should be disclosed for the purpose of providing transparency and prohibiting certain employers from taking adverse action against these employees.  Accordingly, the purpose of the Act is to require:

     (1)  Employers with fifty or more employees to submit regular electronic reports to the Hawaii civil rights commission; and

     (2)  The Hawaii civil rights commission to publish and make accessible to the public on the commission's website quantitative information about legal settlements resulting from these reports.

     SECTION 2.  Chapter 368, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§368-     Sexual harassment claims; legal settlements; employers.  (a)  By July 1, 2022, and every five years thereafter, all employers in the State that employ fifty or more employees shall file a report with the commission that contains the following:

     (1)  The number of legal settlements made by the employer after an allegation of sexual harassment;

     (2)  The number of legal settlements made by the employer after an allegation of sexual harassment that included a provision requiring both parties to keep the terms of the legal settlement confidential;

     (3)  The number of times that the employer has made a legal settlement to resolve an allegation of sexual harassment against any particular employee during the past ten years; and

     (4)  If the employer has made a legal settlement to resolve an allegation of sexual harassment against a particular employee during the past ten years, whether the employer subsequently took any disciplinary or other personnel action against the employee against whom the allegation was made.

     (b)  The commission shall publish an annual report on the legal settlements resulting from the reports required under subsection (a) and make the annual report accessible to the public."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2050.


 


 

Report Title:

Sexual Harassment; Legal Settlements; Employers; Reporting Requirements

 

Description:

Requires employers that employee 50 or more employees to file regular reports with the Hawaii Civil Rights Commission (HCRC) on legal settlements regarding sexual harassment.  Requires HCRC to publish the reports containing employers' legal settlements in an annual report that is accessible to the public.  Effective 7/1/2050.  (HD1)

 

 

 

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