REPORT TITLE:
Employment Discrimination


DESCRIPTION:
Makes it an unlawful discriminatory practice for an employer to
condition employment or hiring upon the employee's relinquishment
of the right to initiate or participate in an investigation or
proceeding under the civil rights commission law, or any other
right under that law or the unlawful employment practices law.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2060
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO EMPLOYMENT DISCRIMINATION.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The purpose of this Act is to make it an
 
 2 unlawful discriminatory practice for employers to require
 
 3 applicants and current employees, as a condition of employment,
 
 4 to agree to forego rights, protections, or remedies provided by
 
 5 the state employment discrimination laws.
 
 6      SECTION 2.  Section 378-2, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "�378-2 Discriminatory practices made unlawful; offenses
 
 9 defined.  It shall be an unlawful discriminatory practice:
 
10      (1)  Because of race, sex, sexual orientation, age,
 
11           religion, color, ancestry, disability, marital status,
 
12           or arrest and court record:
 
13           (A)  For any employer to refuse to hire or employ or to
 
14                bar or discharge from employment, or otherwise to
 
15                discriminate against any individual in
 
16                compensation or in the terms, conditions, or
 
17                privileges of employment;
 
18           (B)  For any employment agency to fail or refuse to
 
19                refer for employment, or to classify or otherwise
 

 
Page 2                                                     
                                     S.B. NO.           2060
                                                        
                                                        

 
 1                to discriminate against, any individual;
 
 2           (C)  For any employer or employment agency to print,
 
 3                circulate, or cause to be printed or circulated
 
 4                any statement, advertisement, or publication or to
 
 5                use any form of application for employment or to
 
 6                make any inquiry in connection with prospective
 
 7                employment, which expresses, directly or
 
 8                indirectly, any limitation, specification, or
 
 9                discrimination;
 
10           (D)  For any labor organization to exclude or expel
 
11                from its membership any individual or to
 
12                discriminate in any way against any of its
 
13                members, employer, or employees; or
 
14           (E)  For any employer or labor organization to refuse
 
15                to enter into an apprenticeship agreement as
 
16                defined in section 372-2; provided that no
 
17                apprentice shall be less than sixteen years of
 
18                age;
 
19      (2)  For any employer, labor organization, or employment
 
20           agency to discharge, expel, or otherwise discriminate
 
21           against any individual because the individual has
 
22           opposed any practice forbidden by this part or has
 

 
 
 
Page 3                                                     
                                     S.B. NO.           2060
                                                        
                                                        

 
 1           filed a complaint, testified, or assisted in any
 
 2           proceeding respecting the discriminatory practices
 
 3           prohibited under this part;
 
 4      (3)  For any person whether an employer, employee, or not,
 
 5           to aid, abet, incite, compel, or coerce the doing of
 
 6           any of the discriminatory practices forbidden by this
 
 7           part, or to attempt to do so;
 
 8      (4)  For any employer to violate the provisions of section
 
 9           121-43 relating to nonforfeiture for absence by members
 
10           of the national guard;
 
11      (5)  For any employer to refuse to hire or employ or to bar
 
12           or discharge from employment, any individual because of
 
13           assignment of income for the purpose of satisfying the
 
14           individual's child support obligations as provided for
 
15           under section 571-52;
 
16      (6)  For any employer, labor organization, or employment
 
17           agency to exclude or otherwise deny equal jobs or
 
18           benefits to a qualified individual because of the known
 
19           disability of an individual with whom the qualified
 
20           individual is known to have a relationship or
 
21           association; [or]
 
22      (7)  For any employer or labor organization to refuse to
 

 
 
 
Page 4                                                     
                                     S.B. NO.           2060
                                                        
                                                        

 
 1           hire or employ, or to bar or discharge from employment,
 
 2           or withhold pay, demote, or penalize a lactating
 
 3           employee because an employee breastfeeds or expresses
 
 4           milk at the workplace.  For purposes of this paragraph,
 
 5           the term "breastfeeds" means the feeding of a child
 
 6           directly from the breast[.]; or
 
 7      (8)  For any employer to include in an employment document
 
 8           or agreement mandated as a condition of hiring or
 
 9           continued employment any provision that interferes with
 
10           the protected right of an employee or prospective
 
11           employee to file a charge or participate in any manner
 
12           in an investigation, hearing, civil action in court, or
 
13           other proceeding under chapter 368, or to include in
 
14           any document or agreement any term that relinquishes
 
15           any right, protection, or remedy provided under chapter
 
16           368 or 378." 
 
17      SECTION 3.  Statutory material to be repealed is bracketed.
 
18 New statutory material is underscored.
 
19      SECTION 4.  This Act shall take effect upon its approval.
 
20 
 
21                           INTRODUCED BY:  _______________________