Lawmakers Want To Expand Protections Against Non-Disclosure Agreements
The current law only protects incoming employees from signing NDAs as a condition of employment.
Non-disclosure agreements 鈥 which could protect employers when their employees are sexually harassed on the job and forced to stay silent about it 鈥 are back in focus for state legislators.
In 2020, Hawaii passed a law which prohibited non-disclosure agreements in most instances. Yet that bill turned out to have significant loopholes. For example, it did not apply to human resources employees, who are expected to maintain confidentiality at all times as a part of their official duties. It also did not protect employees already working for a company.
A new measure, , would broaden protections from non-disclosure agreements to include current employees or volunteers at a business.
HB 2495 already cleared its first round of committee hearings and is progressing through the Legislature. The House Judiciary and Hawaiian Affairs Committee plans to hold a hearing on the measure Wednesday.
The bill focuses on employment practices specifically relating to sexual misconduct.
鈥淣DAs are not actually victim-centered and have functioned to shield serial offenders,鈥 Khara Jabola-Carolus, the executive director of Hawaii State Commission on the Status of Women, said.
Ann Free, representing the Hawaii Democratic Women鈥檚 Caucus said in written testimony that individuals in positions of power should not be able to 鈥渂uy silence from women who need to be heard.鈥
鈥淭his legislation will address a corporate and governmental practice abused by people ranging from the former president, to news show anchors, to sitting Congressionals,鈥 Free said.
In Hawaii, more than half of women surveyed by in 2019, reported being sexually harassed at their workplace. Only 18% reported the incident to their human resources department. One of the reasons stated was that employees fear retaliation from their employer.
