HRS §378-2.2
No secret agreements for sexual harassment or assault
Employers cannot make employees sign agreements that keep them from talking about sexual harassment or assault at work. Employers also cannot punish employees for talking about it. Some exceptions apply to HR staff and ongoing investigations.
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The statute, as written — Sexual harassment or sexual assault; nondisclosure agreements; prohibited
(a) No employer shall enter into or require an employee to enter into 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.
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