STAND. COM. REP. NO.1096
Honolulu, Hawaii
, 2003
RE: H.B. No. 132
H.D. 1
S.D. 1
Honorable Robert Bunda
President of the Senate
Twenty-Second State Legislature
Regular Session of 2003
State of Hawaii
Sir:
Your Committee on Labor, to which was referred H.B. No. 132, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO PUBLIC OFFICERS AND EMPLOYEES AND EMPLOYMENT PRACTICES,"
begs leave to report as follows:
The purpose of this measure is to require the Department of Human Resources Development (DHRD) to retain records relating to state employees and to report to the Legislature on possible gender discrimination. This measure also establishes a commission to review the reports and other data and to develop recommendations for the correction of gender-based pay inequities.
The Hawaii Civil Rights Commission, the Hawaii State Commission on the Status of Women, Hawaii Women Lawyers, and Planned Parenthood of Hawaii submitted testimony in support of this measure. Testimony in opposition to this measure was submitted by the Department of Human Resources Development.
The 1963 Equal Pay Act prohibits discrimination in compensation for equal work on the basis of sex. Title VII of the Civil Rights Act of 1964 prohibits discrimination in compensation because of race, color, religion, national origin, or sex. However, inequities continue to exist despite the existence of these and other laws and policies promoting equality.
Your Committee finds that government must set an example in scrutinizing its operation to ensure that it is free of bias and that any discriminatory employment practices that may exist are identified and eliminated. Your Committee believes that the gathering, review, and analysis of relevant data by the Department of Human Resources Development combined with review by the Commission on Pay Equity are positive efforts in eliminating discrimination in compensation based upon gender bias.
However, your Committee has amended the measure as follows for purposes of clarity:
(1) By deleting language requiring DHRD to review data collected "as of September 30, 1999" and replacing it with language requiring DHRD to review "all current relevant" data;
(2) By correcting erroneous references to the "department of human services development" to read the "department of human resources development";
(3) By restructuring the composition of the Commission on Pay Equity as follows:
(a) By including the Director of DHRD and/or a representative from the DHRD Workforce Planning Division or the DHRD Labor Relations Division;
(b) By replacing the four representatives of public employers with one representative from the Department of Education, the University of Hawaii, and the Hawaii Health Systems Corporation; and
(c) By including one representative from the Hawaii Civil Rights Commission; and
(4) By making technical, nonsubstantive changes.
As affirmed by the record of votes of the members of your Committee on Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 132, H.D. 1, as amended herein, and recommends that it pass Second Reading in
the form attached hereto as H.B. No. 132, H.D. 1, S.D. 1, and be referred to the Committee on Ways and Means.
Respectfully submitted on behalf of the members of the Committee on Labor,
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____________________________ BRIAN KANNO, Chair |
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