HI SB1048

Confidentiality clauses in employment contracts are unenforceable as to sexual harassment claims, except as provided by federal law.

Mandatory arbitration agreements cannot require arbitration of sexual harassment claims, effective July 1, 2019, except as provided by federal law.

Confidentiality clauses in arbitration agreements are unenforceable as to sexual harassment claims, though parties may voluntarily enter confidentiality agreements as part of a legal settlement.

Parties retain the right to voluntarily enter into arbitration or confidentiality agreements regarding specific sexual harassment claims if they choose to do so.

The Act takes effect on January 1, 2050.