Hawaii Nondisclosure Agreements and Sexual Assault

On September 15, 2020, Hawaii Governor David Ige signed Senate Bill 2314, an amendment that prohibits employers from requiring employees to sign a non-disclosure agreement (NDA) that prevents them from discussing sexual harassment or assault as part of a condition of employment.  More specifically, the employee cannot be prevented from discussing sexual harassment or assault that occurred in the workplace, at work-related events, between employees, or between an employer and employee.  Employers are also prohibited from retaliating against employees who choose to discuss these types of events.  Some exclusions include Human Resources employees who are required to maintain confidentiality as part of an ongoing investigation, and employees participating in related ongoing investigation where confidentiality has been requested.

This law took effect on the September 15, 2020, and immediate compliance is required.  Further detailed information regarding the legislation can be found here.