REPORT TITLE:
Employment Practices

DESCRIPTION:
Ensures that employers can inquire about a prospective employee's
conviction record past June 30, 1999.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            780         
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO EMPLOYMENT PRACTICES.



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

 1      SECTION 1.  Section 378-3, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "�378-3 Exceptions.  Nothing in this part shall be deemed
 
 4 to:
 
 5      (1)  Repeal or affect any law, ordinance, or government rule
 
 6           having the force and effect of law;
 
 7      (2)  Prohibit or prevent the establishment and maintenance
 
 8           of bona fide occupational qualifications reasonably
 
 9           necessary to the normal operation of a particular
 
10           business or enterprise, and that have a substantial
 
11           relationship to the functions and responsibilities of
 
12           prospective or continued employment;
 
13      (3)  Prohibit or prevent an employer, employment agency, or
 
14           labor organization from refusing to hire, refer, or
 
15           discharge any individual for reasons relating to the
 
16           ability of the individual to perform the work in
 
17           question;
 
18      (4)  Affect the operation of the terms or conditions of any
 
19           bona fide retirement, pension, employee benefit, or
 
20           insurance plan that is not intended to evade the
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1           purpose of this chapter; provided that this exception
 
 2           shall not be construed to permit any employee plan to
 
 3           set a maximum age requirement for hiring or a mandatory
 
 4           retirement age;
 
 5      (5)  Prohibit or prevent any religious or denominational
 
 6           institution or organization, or any organization
 
 7           operated for charitable or educational purposes, that
 
 8           is operated, supervised, or controlled by or in
 
 9           connection with a religious organization, from giving
 
10           preference to individuals of the same religion or
 
11           denomination or from making a selection calculated to
 
12           promote the religious principles for which the
 
13           organization is established or maintained;
 
14      (6)  Conflict with or affect the application of security
 
15           regulations or rules in employment established by the
 
16           United States or the State;
 
17      (7)  Require the employer to execute unreasonable structural
 
18           changes or expensive equipment alterations to
 
19           accommodate the employment of a person with a
 
20           disability;
 
21      (8)  Prohibit or prevent the department of education or
 
22           private schools from considering criminal convictions
 
23           in determining whether a prospective employee is suited
 
24           to working in close proximity to children;
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      (9)  Prohibit or prevent any financial institution in which
 
 2           deposits are insured by a federal agency having
 
 3           jurisdiction over the financial institution from
 
 4           denying employment to or discharging from employment
 
 5           any person who has been convicted of any criminal
 
 6           offense involving dishonesty or a breach of trust,
 
 7           unless it has the prior written consent of the federal
 
 8           agency having jurisdiction over the financial
 
 9           institution to hire or retain the person;
 
10     (10)  Preclude any employee from bringing a civil action for
 
11           sexual harassment or sexual assault and infliction of
 
12           emotional distress or invasion of privacy related
 
13           thereto; provided that notwithstanding section 368-12,
 
14           the commission shall issue a right to sue on a
 
15           complaint filed with the commission if it determines
 
16           that a civil action alleging similar facts has been
 
17           filed in circuit court;
 
18     (11)  Require the employer to accommodate the needs of a
 
19           nondisabled person associated with or related to a
 
20           person with a disability in any way not required by
 
21           Title I of the Americans with Disabilities Act;
 
22    [(12)  Prohibit or prevent a "health care facility", as
 
23           defined in chapter 323D, from considering the record of
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1           a criminal conviction where the criminal offense is a
 
 2           relevant factor in determining the bona fide
 
 3           occupational qualifications for a position where an
 
 4           employee or prospective employee who has received an
 
 5           offer for employment is working in close proximity to
 
 6           patients;] or
 
 7    [(13)] (12)  Prohibit or preclude an employer from considering
 
 8           a record of criminal conviction that bears a rational
 
 9           relationship to the duties and responsibilities of the
 
10           position, pursuant to section 378-2.5, with regard to
 
11           prospective or continued employment."
 
12      SECTION 2.  Act 365, Session Laws of Hawaii 1997, is amended
 
13 by amending section 4 to read as follows:
 
14      "SECTION 4.  This Act shall take effect upon its approval[;
 
15 provided that this Act shall be repealed on June 30, 1999, and
 
16 section 378-3, Hawaii Revised Statutes, is reenacted in the form
 
17 in which it read on the day before the approval of this Act]."
 
18      SECTION 3.  Statutory material to be repealed is bracketed.
 
19 New statutory material is underscored.
 
20      SECTION 4.  This Act shall take effect on June 29, 1999.
 
21 
 
22                           INTRODUCED BY:_________________________