Hawaii Amends Its Ban the Box Law

Hawaii has shortened its 10 year look-back period for employers making employment decisions. Most private-sector employers are now prevented from considering felony convictions older than seven years, and misdemeanor convictions older than five years, excluding periods of incarceration.

 

Hawaii Bans Nondisclosure Agreements for Sexual Harassment

Hawaii employers may not require an employee to enter into a nondisclosure agreement that prevents the employee from disclosing or discussing sexual assault occurring in the workplace, at work-related events, between employees or between an employer and an employee.

The law also contains a provision prohibiting retaliation against employees for disclosing or discussing sexual harassment or sexual assault. There are certain exemptions such as human resources employees as part of their official duties, employees requested to maintain the confidentiality of an ongoing investigation, and proceedings of certain health care organizations.