REPORT TITLE:
Employment Discrimination


DESCRIPTION:
Makes it an unlawful discriminatory practice for an employer to
condition employment or hiring upon the employee's relinquishment
of the right to initiate or participate in an investigation or
proceeding under chapter 368, HRS, or any other right under
chapters 368 or 378, HRS.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            530         
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO EMPLOYMENT DISCRIMINATION.



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

 1      SECTION 1.  Section 378-2, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§378-2 Discriminatory practices made unlawful; offenses
 
 4 defined.  It shall be an unlawful discriminatory practice:
 
 5      (1)  Because of race, sex, sexual orientation, age,
 
 6           religion, color, ancestry, disability, marital status,
 
 7           or arrest and court record:
 
 8           (A)  For any employer to refuse to hire or employ or to
 
 9                bar or discharge from employment, or otherwise to
 
10                discriminate against any individual in
 
11                compensation or in the terms, conditions, or
 
12                privileges of employment;
 
13           (B)  For any employment agency to fail or refuse to
 
14                refer for employment, or to classify or otherwise
 
15                to discriminate against, any individual;
 
16           (C)  For any employer or employment agency to print,
 
17                circulate, or cause to be printed or circulated
 
18                any statement, advertisement, or publication or to
 
19                use any form of application for employment or to
 
20                make any inquiry in connection with prospective
 

 
Page 2                                         530         
                                     H.B. NO.           
                                                        
                                                        

 
 1                employment, which expresses, directly or
 
 2                indirectly, any limitation, specification, or
 
 3                discrimination;
 
 4           (D)  For any labor organization to exclude or expel
 
 5                from its membership any individual or to
 
 6                discriminate in any way against any of its
 
 7                members, employer, or employees; or
 
 8           (E)  For any employer or labor organization to refuse
 
 9                to enter into an apprenticeship agreement as
 
10                defined in section 372-2; provided that no
 
11                apprentice shall be less than sixteen years of
 
12                age;
 
13      (2)  For any employer, labor organization, or employment
 
14           agency to discharge, expel, or otherwise discriminate
 
15           against any individual because the individual has
 
16           opposed any practice forbidden by this part or has
 
17           filed a complaint, testified, or assisted in any
 
18           proceeding respecting the discriminatory practices
 
19           prohibited under this part;
 
20      (3)  For any person whether an employer, employee, or not,
 
21           to aid, abet, incite, compel, or coerce the doing of
 
22           any of the discriminatory practices forbidden by this
 
23           part, or to attempt to do so;
 

 
Page 3                                         530         
                                     H.B. NO.           
                                                        
                                                        

 
 1      (4)  For any employer to violate the provisions of section
 
 2           121-43 relating to nonforfeiture for absence by members
 
 3           of the national guard;
 
 4      (5)  For any employer to refuse to hire or employ or to bar
 
 5           or discharge from employment, any individual because of
 
 6           assignment of income for the purpose of satisfying the
 
 7           individual's child support obligations as provided for
 
 8           under section 571-52; [or]
 
 9      (6)  For any employer, labor organization, or employment
 
10           agency to exclude or otherwise deny equal jobs or
 
11           benefits to a qualified individual because of the known
 
12           disability of an individual with whom the qualified
 
13           individual is known to have a relationship or
 
14           association[.] ; or
 
15      (7)  For any employer to include in an employment document
 
16           or agreement mandated as a condition of hiring or
 
17           continued employment any provision that interferes with
 
18           the protected right of an employee or prospective
 
19           employee to file a charge or participate in any manner
 
20           in an investigation, hearing, trial, or other
 
21           proceeding under chapter 368, or to include in any
 
22           document or agreement any term that relinquishes any
 
23           right, protection, or remedy provided under chapters
 
24           368 or 378." 
 

 
Page 4                                         530         
                                     H.B. NO.           
                                                        
                                                        

 
 1      SECTION 2.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 3.  This Act shall take effect upon its approval.
 
 4 
 
 5                           INTRODUCED BY:  _______________________