Bill > SB2017

This bill establishes the "Healthy Workplace Act" to provide broader protections against workplace abuse by prohibiting employers and employees from subjecting anyone to "abusive conduct," defined as unwelcome, degrading, or dehumanizing behavior that creates an intimidating, hostile, or abusive work environment, excluding minor slights or isolated severe incidents. Employers and certain leadership employees ("representative employees") are required to take reasonable steps to prevent and address abusive conduct, including establishing clear complaint and disciplinary processes, maintaining records, and implementing a written healthy workplace policy with an anti-retaliation clause by December 31, 2026, and providing training on this policy. The bill also prohibits employers from requiring mediation or arbitration for abusive conduct complaints before an employee has legal counsel, or from entering into non-disclosure or non-disparagement agreements related to such complaints, and forbids retaliatory actions against employees who report or participate in proceedings related to abusive conduct. Employers violating the policy implementation or training requirements face a fine of up to $100 per violation, while individuals harmed by abusive conduct can file a civil lawsuit within three years for injunctive relief, compensatory damages (including economic and noneconomic), punitive damages for extreme violations, restorative measures, and attorney's fees for the prevailing party if they are not the employer, with a minimum award of $5,000 per violation up to $15,000. The Act clarifies that it does not diminish rights under collective bargaining agreements and mandates the Department of Labor and Industrial Relations to adopt rules to implement these provisions.

Labor and Employment

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=2017&year=2026