STAND. COM. REP. NO. 1502

Honolulu, Hawaii

RE: H.B. No. 710

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committees on Labor, Culture and the Arts and Judiciary, to which was referred H.B. No. 710, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO EMPLOYMENT PRACTICES,"

beg leave to report as follows:

The purpose and intent of this measure is to add reproductive health decisions and utilization of family leave to the list of categories that are protected against discriminatory employment practices.

Your Committees received testimony in support of this measure from the Hawai‘i Civil Rights Commission; Hawai‘i State Commission on the Status of Women; LGBT Caucus of the Democratic Party of Hawaii; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; Pride at Work Hawaii; Planned Parenthood Votes Northwest and Hawaii; American Association of University Women of Hawaii; American Civil Liberties Union of Hawai‘i; Hawaii Women's Coalition; Rainbow Family 808; and one individual. Your Committees received comments on this measure from the Department of Human Resources Development.

Your Committees find that while discrimination based on pregnancy, childbirth, and related medical conditions such as breastfeeding is prohibited, personal reproductive health decisions are not protected. Your Committees further find that no employee should face adverse employment action based on the employee's reproductive health decisions. Your Committees additionally find that the exercise of rights under state family leave law is already protected under existing law.

Accordingly, your Committees have amended this measure by removing language relating to utilization of family leave.

As affirmed by the records of votes of the members of your Committees on Labor, Culture and the Arts and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 710, H.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 710, H.D. 1, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Labor, Culture and the Arts and Judiciary,

________________________________ KARL RHOADS, Chair

________________________________ BRIAN T. TANIGUCHI, Chair