Report Title:

Equal Pay

 

Description:

Prohibits employers from discriminating on the basis of gender by paying wages to an employee at a rate less than the rate at which the employer pays wages to another employee of the opposite sex for equal work, except when the difference in compensation is based on a seniority system, a merit system, a system that measures earnings by quantity or quality of production, a bona fide occupational qualification, or a differential based on any factor other than sex. (HB2025 HD2)

HOUSE OF REPRESENTATIVES

H.B. NO.

2025

TWENTY-SECOND LEGISLATURE, 2004

H.D. 2

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to equal pay.

 

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

SECTION 1. The purpose of this Act is to prohibit employers from discriminating on the basis of gender by paying wages to an employee at a rate less than the rate at which the employer pays wages to another employee of the opposite sex for equal work, except when the difference in wages is based on a seniority system, a merit system, a system that measures earnings by quantity or quality of production, a bona fide occupational qualification, or a differential based on any factor other than sex.

It is the intent of the legislature that nothing in this Act shall be construed to require an employer to pay the same wages to employees who work in different locations, even though the employees perform jobs that require equal skill, effort, and responsibility and are performed under similar working conditions, provided any disparity in wages is not based on gender.

SECTION 2. Chapter 378, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§378-    Equal pay. No employer shall discriminate, within any establishment in which employees are employed, between employees because of sex, by paying wages to employees in the establishment at a rate less than the rate at which the employer pays wages to employees of the opposite sex in the establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where payment is made pursuant to:

(1) A seniority system;

(2) A merit system;

(3) A system that measures earnings by quantity or quality of production;

(4) A bona fide occupational qualification; or

(5) A differential based on any other factor other than sex.

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.