Report Title:

Commission on Pay Equity; DHRD Employee Records

Description:

Requires department of human resources development to retain records of public employee positions, wages, and demographic characteristics. Requires examination of such data to determine whether gender equity issues exist in the workplace. Establishes the commission on pay equity.

HOUSE OF REPRESENTATIVES

H.B. NO.

132

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

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:

SECTION 1. The legislature finds that government must set an example in scrutinizing its operations to ensure that they are free of bias and that discriminatory employment practices, if they exist, are identified and eliminated.

The purposes of this Act are to: require the department of human resources development to retain certain records relating to state employees, require an examination of those records to determine whether employment equity issues exist, and establish a commission to review certain employee records held by the department of human resources development and other material and develop recommendations to correct gender based pay inequities discovered.

SECTION 2. Chapter 76, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§76- Wage disclosure; recordkeeping; and reporting requirements. (a) The director of human resources development shall make and retain records that provide the following information:

(1) All positions held by regular civil service employees;

(2) All unencumbered positions that might be available;

(3) The wages paid to each employee holding each position;

(4) The bases used to establish, adjust, and determine the wage rates paid for each position; and

(5) The demographic characteristics (i.e., sex, race, and age) of each employee who is employed in each position; provided that if existing records can provide all of the specified data, no supplemental records need to be maintained to ensure compliance with the requirements of this section.

(b) The department shall conduct an examination of the data that shall include determining whether there is a concentration of employees by gender in classes and, as appropriate, relevant occupational categories, as of September 30, 1999. If the initial examination identifies a concentration by gender, the examination shall be extended to determine whether, to the extent the information is available without making specific inquiry of any individual employee, there is discrimination against women with regard to wages or access to such positions.

The initial examination also shall determine whether there are unequal wages for males and females performing the same type of job or jobs of equivalent value. If the initial examination indicates that there are unequal wages for males and females, the examination shall be extended to determine whether other gender-neutral factors, such as length of service, skill, effort, or responsibility account for the differences or whether there is indication of gender bias. The department shall submit a report to the legislature, twenty days prior to the convening of each legislative session, detailing the scope and outcome of the examination."

SECTION 3. Establishment of governor's commission on pay equity. There is established within the office of the governor a temporary commission on pay equity, beginning in fiscal year 2003-2004 and terminating at the end of fiscal year 2006-2007.

The commission shall consist of one representative from:

(1) Each of the public unions serving as exclusive representative of civil service workers;

(2) The department of human resources development;

(3) The Hawaii state commission on the status of women; and

four representatives of public employers, and three individuals selected by the governor representing the public. The office of the governor shall convene the first meeting at which the commission members shall elect a chair.

The purposes of the commission on pay equity shall be to review:

(1) The 1995 Study of Wage Equity in Public Employee Bargaining Units 1 and 10;

(2) The 1987 study, "A Job Evaluation Study of Selected Job Classes of the State and Counties of Hawaii"; and

(3) Reports submitted by the director of human resources development, as provided in section 2.

The task force may also review other relevant information.

The commission shall review the above-described material and, as appropriate, develop and submit recommendations to the legislature for funds and specific actions needed to correct any gender based pay inequities discovered. In addition, the commission shall submit to the legislature a report of its progress no later than twenty days before the convening of the regular session of 2004.

SECTION 4. No private right of action. By evidencing the legislature's purpose of reporting data and investigating the efficacy of equalizing compensation between and among substantially equivalent jobs or positions, this Act does not permit any individual to bring an action for monetary or injunctive relief in reliance hereon; nor does this Act create any legal or equitable right in any person to seek back pay or benefits for allegedly equivalent work.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval

INTRODUCED BY:

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