SB229 HD1.DOC

SECTION 1. Section 378-2, Hawaii Revised Statutes, is amended to read as follows:

"§378-2 Discriminatory practices made unlawful; offenses defined. (a) It shall be an unlawful discriminatory practice:

(1) Because of race, sex, sexual orientation, age, religion, color, ancestry, disability, marital status, [or] arrest and court record[:], or domestic abuse victim status; provided that the domestic abuse victim provides notice to the victim's employer of such domestic abuse victim status:

(A) For any employer to refuse to hire or employ or to bar or discharge from employment, or otherwise to discriminate against any individual in compensation or in the terms, conditions, or privileges of employment;

(B) For any employment agency to fail or refuse to refer for employment, or to classify or otherwise to discriminate against, any individual;

(C) For any employer or employment agency to print, circulate, or cause to be printed or circulated any statement, advertisement, or publication or to use any form of application for employment or to make any inquiry in connection with prospective employment, which expresses, directly or indirectly, any limitation, specification, or discrimination;

(D) For any labor organization to exclude or expel from its membership any individual or to discriminate in any way against any of its members, employer, or employees; or

(E) For any employer or labor organization to refuse to enter into an apprenticeship agreement as defined in section 372-2; provided that no apprentice shall be younger than sixteen years of age;

(2) For any employer, labor organization, or employment agency to discharge, expel, or otherwise discriminate against any individual because the individual has opposed any practice forbidden by this part or has filed a complaint, testified, or assisted in any proceeding respecting the discriminatory practices prohibited under this part;

(3) For any person, whether an employer, employee, or not, to aid, abet, incite, compel, or coerce the doing of any of the discriminatory practices forbidden by this part, or to attempt to do so;

(4) For any employer to violate the provisions of section 121-43 relating to nonforfeiture for absence by members of the national guard;

(5) For any employer to refuse to hire or employ or to bar or discharge from employment[,] any individual because of assignment of income for the purpose of satisfying the individual's child support obligations as provided for under section 571-52;

(6) For any employer, labor organization, or employment agency to exclude or otherwise deny equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association;

(7) For any employer or labor organization to refuse to hire or employ or to bar or discharge from employment, or withhold pay, demote, or penalize a lactating employee because [an] the employee breastfeeds or expresses milk at the workplace. For purposes of this paragraph, the term "breastfeeds" means the feeding of a child directly from the breast; or

(8) For any employer to refuse to hire or employ or to bar or discharge from employment, or otherwise to discriminate against any individual in compensation or in the terms, conditions, or privileges of employment of any individual because of the individual's credit history or credit report, unless the information in the individual's credit history or credit report directly relates to a bona fide occupational qualification under section 378-3(2).

(b) As used in this section:

"Domestic abuse victim" or "victim" means an individual who is the victim of "domestic abuse", as that term is defined in section 586-1."

SECTION 2. Chapter 378, Hawaii Revised Statutes, is amended as follows:

1. By amending the title of part VI to read:

"[[]PART VI.[]] VICTIMS [~~LEAVE~~] PROTECTIONS"

2. By designating section 378-71, as a new subpart and inserting a title before section 378-71 to read:

" . GENERAL PROVISIONS"

3. By designating sections 378-72 to 378-74 as a new subpart and inserting a title before section 378-72 to read:

" . VICTIMS LEAVE"

4. Adding a new subpart to read as follows:

" . REASONABLE ACCOMMODATIONS IN THE WORKPLACE"

§378-A Reasonable accommodations. An employer shall make reasonable accommodations in the workplace for an employee, including but not limited to:

(1) Changing the contact information, such as telephone numbers, fax numbers, or electronic-mail addresses, of the employee;

(2) Screening the telephone calls of the employee;

(3) Restructuring the job functions of the employee;

(5) Changing the work location of the employee;

(6) Installing locks and other security devices; and

(7) Allowing the employee to work flexible hours,

provided that an employer shall not be required to make the reasonable accommodations if they cause undue hardship on the work operations of the employer.

§378-B Verification. Prior to making the reasonable accommodations under section 378-A, an employer may request that the employee provide:

(1) A signed written statement from:

(A) An employee, agent, or volunteer of a victim services organization;

(B) The employee's attorney or advocate;

(D) A medical or other professional; or

(E) A member of the clergy,

from whom the employee or the employee's minor child has sought assistance related to the domestic abuse;

(2) A police or court record related to the domestic abuse.

§378-C Employee; status. As used in this subpart, an employee shall have such domestic abuse victim status as described in section 378-2(a)(1)."

SECTION 3. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2050.

THE SENATE	S.B. NO.	229
TWENTY-SIXTH LEGISLATURE, 2011		S.D. 1
STATE OF HAWAII		H.D. 1