Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 469 entitled:

begs leave to report as follows:

The purpose of this measure is to prohibit any employer to include in any employment document or agreement, a requirement as a condition of hiring or continued employment, that the employee relinquish the right to file a claim under the State's discriminatory employment practices law with the Civil Rights Commission.

Testimony in support of this measure was received from the Department of Human Resources Development, Hawaii Civil Rights Commission, Hawaii Women Lawyers, and The League of Women Voters of Hawaii. Testimony in opposition was received from the Hawaii Reserves Inc., ILWU Local 142, Chamber of Commerce of Hawaii, and Society for Human Resource Management. Comments were submitted by the Department of Labor and Industrial Relations.

This measure prohibits an employer from using the employment relationship to coerce a prospective employee or employee to relinquish rights to file a charge, provide information, or participate in any manner in an investigation, hearing, trial, or other proceeding, or to relinquish any rights, protection, or remedy under the laws prohibiting unlawful discrimination or employment practices.

Your Committee finds that this measure balances the rights of employers and employees, without unduly interfering with the employer's conduct of its business. The rights are fundamental and protected by the constitution or by law.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 469 and recommends that it pass Third Reading.