REPORT TITLE:
Pay Equity


DESCRIPTION:
Requires department of human resources development to retain
records of positions, wages, and demographic characteristics.
Requires examination of such data to determine whether there is a
concentration of employees by gender.  Establishes the pay equity
task force.  (SB2061 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2061
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                H.D. 2
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PUBLIC OFFICERS AND EMPLOYEES AND EMPLOYMENT
   PRACTICES.



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

 1      SECTION 1.  Government must set an example in scrutinizing
 
 2 its operations to assure that they are free of bias and that
 
 3 discriminatory practices, if they exist, are identified and
 
 4 eliminated.
 
 5      SECTION 2.  Chapter 76, Hawaii Revised Statutes, is amended
 
 6 by adding a new section to be appropriately designated and to
 
 7 read as follows:
 
 8      "�76-     Wage disclosure; recordkeeping; and reporting
 
 9 requirements.  (a)  The director of human resources development
 
10 shall make and retain records that provide the following
 
11 information:
 
12      (1)  All positions held by regular civil service employees;
 
13      (2)  All unencumbered positions which might be available;
 
14      (3)  The wages paid to each employee holding each position;
 
15      (4)  The bases used to establish, adjust, and determine the
 
16           wage rates paid for each position; and
 
17      (5)  The demographic characteristics (i.e., sex, race, and
 
18           age) of each employee who is employed in each position;
 
19 provided that if existing records can provide all of the
 

 
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 1 specified data, no supplemental records need to be maintained to
 
 2 ensure compliance with the requirements of this section.
 
 3      (b)  There shall be an examination of the data, which shall
 
 4 involve but need not be limited to, determining whether there is
 
 5 a concentration of employees by gender in classes and, as
 
 6 appropriate, relevant occupational categories, as of
 
 7 September 30, 1999.  If the initial examination identifies a
 
 8 concentration by gender, the examination shall be extended to
 
 9 determine whether, to the extent the information is available
 
10 without making specific inquiry of any individual employee, there
 
11 is discrimination against women with regard to wages or access to
 
12 such positions.  This initial examination shall also determine
 
13 whether there are unequal wages for males and females performing
 
14 the same type of job or jobs of equivalent value.  If the initial
 
15 examination indicates that there are unequal wages for males and
 
16 females, the examination shall be extended to determine whether
 
17 other gender-neutral factors, such as length of service, skill,
 
18 effort, or responsibility account for the differences or whether
 
19 there is indication of gender bias."
 
20      SECTION 3.  Establishment of a pay equity task force.  There
 
21 is established a four-year pay equity task force to be conducted
 
22 under the auspices of the office of the governor, beginning in
 
23 fiscal year 2001-2002 and continuing through fiscal year
 

 
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 1 2004-2005.  This task force shall consist of one representative
 
 2 from each of the unions serving as exclusive representative of
 
 3 civil service workers, the director of human resources
 
 4 development and four other representatives of public employers, a
 
 5 representative of the Hawaii state commission on the status of
 
 6 women, and three other individuals selected by the governor
 
 7 representing the public.  The office of the governor shall
 
 8 convene the first meeting at which the members shall elect a
 
 9 chair.  The purposes of the task force shall be to review:  the
 
10 1995 Study of Wage Equity in Public Employee Bargaining Units 1
 
11 and 10, the 1987 study titled, "A Job Evaluation Study of
 
12 Selected Job Classes of the State and Counties of Hawaii," and
 
13 the reports submitted by the director of human resources
 
14 development, as provided in section 2.  The task force may also
 
15 review other relevant information.  The task force shall review
 
16 the material and, as appropriate, develop recommendations to the
 
17 legislature for funds and specific actions needed to correct any
 
18 gender based pay inequities discovered.  In addition, the task
 
19 force shall provide the legislature with an annual report of its
 
20 progress.
 
21      SECTION 4.  No private right of action.  By evidencing the
 
22 legislature's purpose of reporting data and investigating the
 
23 efficacy of equalizing compensation between and among
 

 
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 1 substantially equivalent jobs or positions, this Act does not
 
 2 permit any individual to bring an action for monetary or
 
 3 injunctive relief in reliance hereon; nor does this Act create
 
 4 any legal or equitable right in any person to seek back pay or
 
 5 benefits for allegedly equivalent work.
 
 6      SECTION 5.  New statutory material is underscored.
 
 7      SECTION 6.  This Act shall take effect upon its approval.