Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Labor & Public Employment, to which was referred H.B. No. 1450 entitled:

begs leave to report as follows:

The purpose of this bill is to clarify existing law with regard to discrimination based on gender identity or expression. More specifically, this bill clarifies that discrimination based on gender identity or expression constitutes a form of sex discrimination, as prohibited by section 378-1 Hawaii Revised Statutes (HRS).

The American Civil Liberties Union of Hawaii, PFLAG-Oahu, and a concerned individual testified in support of this measure. The Hawaii Civil Rights Commission commented on this bill.

Gender identity or gender expression is often a misunderstood difference between individuals that should not be used as a basis for discrimination. Individuals who "express" their gender often face hardships in the workplace and find it difficult to obtain equal access to jobs, housing, public benefits, and accommodations.

Although your Committee believes that these individuals deserve protection from discrimination, it is not the intent of your Committee or this measure to create a new "protected class" of individuals who are discriminated against due to gender identity or expression. Rather, this bill simply clarifies that discrimination based on gender identity or expression constitutes a form of sex discrimination, and that the law prohibits such discrimination.

Therefore, this measure should not be used to adversely affect cases involving discrimination based on gender identity and expression that arose prior to the passage of this bill. In other words, as discussed in this bill, such cases should constitute a form of sex discrimination.

After careful consideration, your Committee has amended this measure by:

As affirmed by the record of votes of the members of your Committee on Labor & Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1450, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1450, H.D. 1, and be referred to the Committee on Judiciary.