STAND. COM. REP. NO. 476-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 2286
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Labor and Public Employment, to which was
referred H.B. No. 2286 entitled: 

     "A BILL FOR AN ACT RELATING TO CIVIL REMEDIES,"

begs leave to report as follows:

     The purpose of this bill is to make Hawaii's fair employment
practices law more consistent with federal law by:

     (1)  Eliminating compensatory damages for disparate impact
          claims where there is no intent to discriminate;

     (2)  Limiting the sum of compensatory damages for employment
          discrimination according to the number of employees;

     (3)  Eliminating the automatic award of attorney and witness
          fees to complainants; and 

     (4)  Allowing the prevailing party to collect attorney's
          fees.

     The Hawaii Chapter of the Society of Human Resource
Management, Hawaiian Electric Company, Maui Electric Company,
Limited, Hawaii Electric Light Company, Inc., and the Chamber of
Commerce of Hawaii testified in support of the bill.  The
National Employment Lawyers Association, Hawaii Civil Rights
Commission, Hawaii State commission on the Status of Women, ILWU
Local 142, and Hawaii Women Lawyers expressed concerns about the
bill.

 
 
                                 STAND. COM. REP. NO. 476-00
                                 Page 2

 
     Your Committee has amended the bill by:

     (1)  Eliminating compensatory damages for disparate impact
          cases;

     (2)  Deleting the reference to punitive damages;

     (3)  Doubling the dollar amount of the award limitations;
          and 

     (4)  Deleting the section allowing the prevailing party to
          collect attorney and expert witness fees.

     As affirmed by the record of votes of the members of your
Committee on Labor and Public Employment that is attached to this
report, your Committee is in accord with the intent and purpose
of H.B. No. 2286, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as H.B. No. 2286, H.D.
1, and be referred to the Committee on Judiciary and Hawaiian
Affairs.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Labor and Public
                                   Employment,



                                   ______________________________
                                   TERRY NUI YOSHINAGA, Chair