Commission on Pay Equity; DHRD Employee Records
Requires the department of human resources development to retain records of public employee positions, wages, and demographic characteristics, and report to the legislature on possible gender discrimination; establishes a commission to review the reports and other data and develop recommendations to correct gender-based pay inequities for the 2004 legislature. (SD1)
HOUSE OF REPRESENTATIVES
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 purpose of this Act is to:
(1) Require the department of human resources development to retain records relating to state employees;
(2) Require an examination of those records to determine whether employment gender equity issues exist; and
(3) Establish a commission to review the records maintained by the department of human resources development under this Act, and other related materials, and identify and develop recommendations to correct any gender-based inequities.
SECTION 2. Chapter 76, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§76- Recordkeeping; evaluation; reporting. (a) The department 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 person employed in each position; provided that if this data is provided by existing records, no supplemental records need be maintained to ensure compliance with this section.
(b) The department of human resources development shall conduct an examination of all current relevant data collected under this section to determine whether there is a concentration of employees by gender in certain classes of employment and, as appropriate, in relevant occupational categories. 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 by gender 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.
(c) The department of human resources development shall submit a report to the legislature no later than twenty days prior to the convening of each legislative session, detailing the scope and outcome of examinations conducted pursuant to this section."
SECTION 3. (a) 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:
(1) One representative from each of the public unions serving as the exclusive representative of civil service workers;
(2) The director of human resources development and/or a representative from the department of human resources development workforce planning division or labor relations division;
(3) One representative from the Hawaii state commission on the status of women;
(4) One representative each from the department of education, the University of Hawaii, and the Hawaii health systems corporation;
(5) One representative from the Hawaii civil rights commission; and
(6) Three individuals representing the public and selected by the governor.
The office of the governor shall convene the first meeting at which the commission members shall elect a chair.
(b) The responsibilities of the commission on pay equity shall be to:
(1) Review timely data, surveys, and reports, and identify contemporary information related to wage equity and job classification, including but not limited to data from:
(A) The department of human resources development;
(B) The Hawaii employers council;
(C) The office of collective bargaining; and
(D) The reports of the director of human resources development made pursuant to section 2(c);
(2) Develop and submit recommendations to the legislature for funds and specific actions needed to correct any gender-based pay inequities discovered; and
(3) Submit a report of its progress to the legislature no later than twenty days prior to the convening of the regular session of 2004.
SECTION 4. Neither the data collected nor the reports issued pursuant to this Act shall be admissible as evidence in any court or administrative proceeding for any purpose. No private right of action is created by this Act.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.