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.  (HB530 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        530
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
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
 

 
Page 2                                                     530
                                     H.B. NO.           H.D. 1
                                                        
                                                        

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

 
 
 
Page 3                                                     530
                                     H.B. NO.           H.D. 1
                                                        
                                                        

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

 
 
 
Page 4                                                     530
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           other proceeding under chapter 368, or to include in
 
 2           any document or agreement any term that relinquishes
 
 3           any right, protection, or remedy provided under
 
 4           chapters 368 or 378." 
 
 5      SECTION 2.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 3.  This Act shall take effect upon its approval.
 
 8