RELATING TO HEALTHY WORKPLACES.

SB2017

THE SENATE

S.B. NO.

2017

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO HEALTHY WORKPLACES
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
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The
legislature finds that the social and economic well-being of the State is
dependent upon healthy and productive employees.
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The legislature further finds that workplace
bullying, mobbing, and harassment can seriously harm targeted employees, causing
or contributing to feelings of shame and humiliation, severe anxiety,
depression, suicidal tendencies, and symptoms consistent with post-traumatic
stress disorder.
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The legislature also
finds that abusive work environments can have serious consequences for employers,
including reduced employee productivity and morale, higher turnover and
absenteeism rates, and increased medical and workers' compensation claims.

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The legislature finds, however, that unless
an employee who has been subjected to abusive treatment at work can establish that
the abusive behavior was motivated by race, color, sex, sexual orientation,
national origin, age, or another category protected under employment
discrimination laws, the targeted employee is unlikely to be legally protected
against the abusive treatment.
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The
legislature finds that legal protections from abusive work environments should
not be limited to behavior grounded in protected class status.
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Furthermore, existing workers' compensation
laws and common-law tort actions are inadequate to discourage abusive behavior
or to provide adequate relief to employees who have been harmed by abusive work
environments.

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Accordingly, the purpose of this Act is to
provide workers with broader protections against workplace abuse.

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SECTION 2.
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Chapter 378, Hawaii Revised Statutes, is amended by adding a new part to
be appropriately designated and to read as follows:

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PART
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HEALTHY
WORKPLACE ACT

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�378-A

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Definitions.
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As
used in this part:

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"Abusive conduct" means any unwelcome,
degrading, or dehumanizing conduct that is sufficiently severe or pervasive to create
a work environment that a reasonable person would consider intimidating,
hostile, or abusive.
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"Abusive
conduct" may be perpetrated by one or more persons.
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"Abusive conduct" does not include
petty slights, annoyances, or isolated incidents, unless the isolated incident
is sufficiently severe.

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"Employee"
means a person who renders services to an
employer, contractor, or any other entity and receives compensation for
those services.
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"Employee"
includes full- and part-time paid employees, temporary employees, contracted employees,
and independent contractors.

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"Employer"
has the same meaning as in section 378-1.

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"Representative
employee" means an employee in a leadership, management, or legal position
whose responsibilities include advising on, overseeing, or enforcing
organizational policies.

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�378-B

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Work environment; abusive conduct;
employer responsibilities; retaliation; prohibited.
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(a)
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No
employer or employee shall subject an employee to abusive conduct.
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Factors to be considered in determining
whether conduct qualifies as abusive include but are not limited to the:

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(1)
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Nature,
frequency, and duration of the conduct;

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(2)
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Context
in which the conduct occurs; and

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(3)
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Totality
of the circumstances.

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(b)
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Employers
and representative employees shall take all reasonable preventative and
responsive measures to ensure a healthy work environment that is free of
abusive conduct, including:

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(1)
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Acknowledging
and responding to any complaints of abusive conduct within a reasonable time
frame as appropriate to the level of urgency;

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(2)
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Establishing
and implementing a transparent and timely complaint process that includes a
prompt, thorough, and unbiased fact-finding investigation and the issuance of a
timely and accurate report of findings;

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(3)
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Establishing
and implementing within a reasonable time frame a transparent disciplinary
process commensurate with the severity of the abusive conduct, including taking
some or all of the following disciplinary action against any employee who is
found to have engaged in abusive conduct:

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(A)
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Coaching;

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(B)
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Counseling;

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(C)
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Issuing a warning;

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(D)
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Removing
supervisory duties;

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(E)
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Terminating the employee; or

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(F)
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Taking other disciplinary action;

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(4)
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Maintaining
accurate records of all complaints, findings, and disciplinary actions;

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(5)
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Before
December 31, 2026, adopting, distributing, posting, and otherwise providing to all
employees a written healthy workplace policy that:

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(A)
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Provides
protections for employees against all forms of abusive conduct;

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(B)
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Includes
an anti-retaliation policy and instructions for reporting abusive conduct or
retaliation; and

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(C)
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Is
consistent with this section and all other applicable laws;

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provided that the written policy shall
be redistributed to employees on a regular basis; and

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(6)
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Training
all employees on the healthy workplace policy.

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(c)
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No employer or representative employee shall:

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(1)
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Engage
in, or offer or require an employee to engage in, mediation or arbitration for
an abusive conduct complaint before the employee has retained legal counsel;

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(2)
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Enter
into, or offer or require an employee to enter into, a non-disclosure or
non-disparagement agreement related to an abusive conduct complaint; or

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(3)
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Take
any adverse employment action against an employee who alleges

a
violation of this section or exercises a right under this section.
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For purposes of this paragraph, "adverse
employment action" includes:

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(A)
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Forced resignation;

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(B)
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Termination;

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(C)
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Demotion;

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(D)
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Unfavorable
reassignment;

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(E)
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Failure
to promote;

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(F)
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Disciplinary
action;

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(G)
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Reduction
in compensation;

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(H)
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Constructive
discharge; or

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(I)
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Other
similar actions.

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�378-C
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Penalty.
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Any employer who violates subsection 378‑B(b)(5)
or (6) shall be fined not more than $100 for each violation.

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�378-D
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Private cause of action.
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(a)
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Any
person claiming to have been harmed by an alleged violation of this part may
bring a civil action against the responsible employer or employee for
injunctive relief, damages, or both; within three years after the occurrence of
the last act constituting the alleged violation of this part.

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(b)
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An action commenced pursuant to subsection (a)
may be brought in the circuit court for the circuit where the violation allegedly
occurred, where the complainant resides, or where the person against whom the
civil complaint is filed resides or has a principal place of business.

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(c)
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A complainant bringing a civil action pursuant
to subsection (a) may proceed using a pseudonym for the true name of the
complainant and may exclude or redact from all pleadings and documents filed in
the action any other identifying characteristics of the complainant.
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In cases where a complainant proceeds using a
pseudonym:

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(1)
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The
party excluding or redacting identifying characteristics as provided in this
subsection shall file with the court and serve upon all other parties a
confidential information form that includes the complainant's name and the
excluded or redacted characteristics.
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The
court shall keep the complainant's name and excluded or redacted
characteristics confidential;

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(2)
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All
other parties and the parties' agents and attorneys shall use the pseudonym in
all pleadings, discovery documents, and other documents filed or served in the
action, and at any hearings, trial, or other court proceedings that are open to
the public;

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(3)
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Any
party filing a pleading, discovery document, or other document in the action
shall exclude or redact any identifying characteristics of the complainant from
the pleading, discovery document, or other document, except for the
confidential information form filed pursuant to this subdivision; and

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(4)
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All
court decisions, orders, petitions, discovery documents, and other documents
shall be worded to protect the name and other identifying characteristics of
the complainant from the public record.
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The
responsibility for excluding or redacting the name or identifying
characteristics of the complainant from all documents filed with the court
rests solely with the parties and the parties' attorneys.
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Nothing in this subsection shall require the
court to review pleadings or other papers for compliance with this provision.

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�378-E
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Remedies ordered by court.

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(a)
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Except
as provided in section 378-C, a court, in rendering a judgment in an action brought
pursuant to this part, may order, as the court considers appropriate:

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(1)
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Compensatory
damages, including economic or noneconomic damages;

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(2)
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Punitive
damages; provided that the violation is extreme or egregious;

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(3)
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Injunctive
relief to enjoin the defendant from continuing any violation of this part;

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(4)
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Restorative
measures;

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(5)
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Any
other relief the court considers appropriate; or

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(6)
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Any
combination of these remedies;

provided
that the total amount of damages awarded to the complainant shall be the
greater of the aggregate of all damages deemed appropriate by the court
pursuant to this subsection or $5,000 for each violation of subsection
378-B(a), (b), or (c), but no more than $15,000.

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(b)
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In
addition to any relief provided for in subsection (a), the court shall
award the prevailing party the costs of litigation, including reasonable
attorney's fees; provided that the prevailing party is not the employer.

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�378-F
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Collective bargaining and confidentiality
rights, takes precedence.

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(a)
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This part shall not be construed to diminish
or impair the rights of a person under any collective bargaining agreement, or to
permit disclosures that would diminish or impair the rights of any person to
the continued protection of confidentiality of communications where statute or
common law provides this protection.

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(b)
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If
a collective bargaining agreement provides an employee rights and remedies
superior to the rights and remedies provided in this part, then the contractual
rights shall supersede and take precedence over the rights, remedies, and
procedures provided in this part.
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If a
collective bargaining agreement provides rights and remedies inferior to those
provided in this part, then the provisions of this part shall supersede and
take precedence over the rights, remedies, and procedures provided in the collective
bargaining agreement.

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�378-G
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Rules.

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The department of labor and industrial
relations shall adopt rules in accordance with chapter 91 as necessary to
implement this part."

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SECTION 3.
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In codifying the new sections added by section 2
of this Act, the revisor of statutes shall substitute appropriate section
numbers for the letters used in designating the new sections in this Act.

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SECTION 4.
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This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.

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SECTION 5.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

DLIR; Employment Practices; Healthy Workplace Act; Abusive
Conduct; Prohibition; Penalty; Private Cause of Action; Remedies; Rules

Description:

Prohibits any employer or employee from subjecting an
employee to abusive conduct.
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Requires
employers and certain employees to take all reasonable preventative and
responsive measures to ensure a safe work environment free of abusive conduct.
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Prohibits employers and certain employees from
taking retaliatory actions against employees who engage in certain protected
acts.
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Establishes a penalty, private
cause of action, and remedies.
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Requires
the Department of Labor and Industrial Relations to adopt rules.

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