SB782 SD1.DOC

SECTION 1. The legislature finds that violence against women has been reported to be the leading cause of physical injury and has a devastating impact on women's physical and emotional health and financial security.

It is in the interest of the State to reduce domestic violence, sexual assault, and stalking by enabling victims of domestic or sexual violence to maintain the financial independence necessary to leave abusive situations and situate themselves in safe, violence-free locations. Empowering domestic violence victims with financial security allows them escape from or minimize the physical and emotional injuries from domestic or sexual violence and reduce the devastating economic consequences of domestic or sexual violence to employers and employees;

The purpose of this Act is to provide unemployment insurance to those who are separated from their employment as a result of domestic or sexual violence.

SECTION 2. Chapter 383, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§383‑A Eligibility of benefits for domestic or sexual violence victims. (a) As used in this section, the terms "course of conduct", "domestic or sexual violence", "electronic communications", "sexual assault", "stalking", and "victim services organization" shall have the same meaning as in section 378‑71.

(b) Notwithstanding any provision of this chapter to the contrary, an individual shall not be denied benefits where the individual is separated voluntarily or involuntarily from employment due to circumstances set forth in this subsection resulting from the individual or the individual's minor child being a victim of domestic or sexual violence.

(1) An individual's voluntary separation from employment shall be deemed for good cause for purposes of section 383‑30 in any of the following circumstances:

(A) The individual has a reasonable fear of the occurrence of future domestic or sexual violence at, en route to, or en route from, the individual's place of employment, including being a victim of stalking;

(B) The efforts of the individual relating to relocating in order to avoid future domestic or sexual violence against the individual or the individual's minor child prevent the individual from reporting to work;

(C) The individual's or the individual's minor child need to obtain treatment to recover from the physical or psychological effects of domestic or sexual violence prevents the individual from reporting to work;

(D) The employer's refusal to grant the individual's request for leave to address domestic or sexual violence and its effects on the individual or the individual's minor child, including leave authorized by the Federal Family and Medical Leave Act of 1993, title 29 United States Code section 2612; or

(E) Any other circumstance in which domestic or sexual violence causes the individual to reasonably believe that separation from employment is necessary for the future safety of the individual, the individual's minor child, or other individuals who may be present in the employer's workplace.

(2) An individual's involuntary separation (suspension or discharge) from employment shall not be considered misconduct under section 383‑30 if:

(A) The employer's discharge of the individual was due to the individual's actions, including absences from work, where the actions were reasonably necessary to protect the individual or the individual's minor child from domestic or sexual violence; or

(B) The employer's discharge of the individual was due to circumstances resulting from the individual or the individual's minor child being a victim of domestic or sexual violence.

(c) Notwithstanding any provision of this chapter to the contrary, an individual who is a victim of domestic or sexual violence shall have good cause for not accepting otherwise suitable, available work in the following circumstances:

(1) The individual reasonably believes that the employment will subject the individual, the individual's minor child, or other individuals in the workplace to an unreasonable risk of violence, despite the individual having sought appropriate assistance in responding to the domestic or sexual violence, including reporting the violence to the police, obtaining services from a victim services organization, and taking other appropriate legal action;

(2) The individual or the individual's minor child is seeking or residing in emergency shelter, or is engaged in temporary or permanent relocation, regardless of whether the individual has actually obtained such refuge or accomplished such relocation; or

(3) The individual reasonably believes that options such as taking a leave of absence, transferring jobs, or receiving an alternative work schedule would not be sufficient to guarantee the safety of the individual, the individual's minor child, or other individuals in the workplace.

(d) The department may require an individual to provide certification demonstrating that the individual's loss of employment and continued unemployment is due to the individual or the individual's minor child being a victim of domestic or sexual violence. To demonstrate the individual's eligibility for benefits, the department may request the following evidence:

(1) A notarized written statement of the individual attesting to the individual or the individual's minor child having been a victim of domestic or sexual violence and explaining how the domestic or sexual violence caused the individual's loss of employment or continuing unemployment;

(2) A signed written statement from an employee, agent, or volunteer of a victim services organization, from the individual's attorney or advocate, from a minor child's attorney or advocate, or a medical or other professional from whom the individual or the individual's minor child has sought assistance related to the domestic or sexual violence attesting to the domestic or sexual violence and explaining how the domestic or sexual violence was the cause of the individual's loss of employment or continuing unemployment; or

(3) A police or court record suggesting or demonstrating that the domestic or sexual violence was the cause of the individual's loss of employment or continuing unemployment.

(e) All information provided to the department pursuant to this section, including any statement of the individual or any other documentation, record, or corroborating evidence discussing or relating to sexual or domestic violence, and the fact that the individual has applied for, inquired about, or obtained unemployment compensation by reason of this section shall be retained in the strictest confidence by the individual's former or current employer, and shall not be disclosed except to the extent that disclosure is requested or consented to by the employee, ordered by a court or administrative agency, or otherwise required by applicable federal or state law."

SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 4. It is the intent of this Act not to jeopardize the receipt of any federal aid. If this Act is found to be in conflict with federal requirements that are a prescribed condition for the allocation of federal funds to the State, the conflicting part of this Act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this Act in its application to the agencies concerned. Any rules adopted pursuant to this Act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the State.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

THE SENATE	S.B. NO.	782
TWENTY-FIFTH LEGISLATURE, 2009		S.D. 1
STATE OF HAWAII