STAND. COM. REP. NO. 472-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 1832
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Labor and Public Employment, to which was
referred H.B. No. 1832 entitled: 

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

begs leave to report as follows:

     The purpose of this bill is to expand the Employment
Practices Law by making it an unlawful discriminatory practice
for employers to require applicants and current employees, as a
condition of employment, to agree to forego rights, protections,
or remedies under the Civil Rights Commission Law, or any other
right under that law, and the Employment Practices Law.

     The Hawaii Civil Rights Commission, the Hawaii State
Commission on the Status of Women, the Hawaii Women's Legislative
Coalition, Hawaii Women Lawyers, ILWU Local 142, and the Hawaii
Chapter of the National Employment Lawyers Association submitted
testimony in support of this measure.  Opposing testimony was
received from the Chamber of Commerce of Hawaii and the Society
of Human Resource Management, Hawaii Chapter.

     It is the intent of your Committee that the provisions of
this bill shall not be interpreted as allowing employers and
employees to enter into agreements to negotiate to limit or
diminish the authority of the Hawaii Civil Rights Commission,
with regard to voluntary arbitration agreements by the parties.

     Upon consideration, your Committee has amended this bill by:


 
 
                                 STAND. COM. REP. NO. 472-00
                                 Page 2

 
     (1)  Allowing employers and employees or prospective
          employees to enter into knowing, voluntary arbitration
          agreements that are supported by due consideration over
          and above employment or continued employment without
          violating the discriminatory practices laws;

     (2)  Changing the effective date to June 1, 2001; and

     (3)  Providing that employers have twelve months from the
          bill's enactment to comply with the statutory change as
          it affects mandatory arbitration agreements in
          existence at the time of the bill's enactment.

     As affirmed by the record of votes of the members of your
Committee on Labor and Public Employment that is attached to this
report, your Committee is in accord with the intent and purpose
of H.B. No. 1832, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as H.B. No. 1832, H.D.
1, and be referred to the Committee on Judiciary and Hawaiian
Affairs.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Labor and Public
                                   Employment,



                                   ______________________________
                                   TERRY NUI YOSHINAGA, Chair