Report Title:

Equal Pay

Description:

Establishes a pay equity task force to review any relevant information and make recommendations for funds and specific actions to correct any gender-based pay inequities. 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. (SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2025

TWENTY-SECOND LEGISLATURE, 2004

H.D. 3

STATE OF HAWAII

S.D. 1


 

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. It is also not the intent of the legislature to affect or diminish the existing, broader protections provided under part I of chapter 378, Hawaii Revised Statutes.

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 between employees because of sex, by paying wages to employees in an 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. There is established a four-year pay equity task force to be conducted under the auspices of the office of the governor, beginning in fiscal year 2005-2006, and continuing through fiscal year 2009-2010. The task force shall consist of the following:

(1) One representative from each of the unions serving as exclusive representative for civil service workers;

(2) The director of human resources development, or the director's designee;

(3) Four representatives of public employers, appointed by the governor;

(4) The chairperson of the Hawaii State Commission on the Status of Women, or the chairperson's designee; and

(5) Three individuals appointed by the governor who represent the public at large.

The office of the governor shall convene the first meeting at which the members shall elect a chairperson. The purposes of the task force shall be to review the 1995 Study of Wage Equity in Public Employee Bargaining Units 1 and 10, the 1987 study titled, "A Job Evaluation Study of Selected Job Classes of the State and Counties of Hawaii," and any other relevant information. The task force shall review the materials and, as appropriate, develop recommendations for submission to the legislature regarding the need for funding or specific actions to correct any gender-based pay inequities that are discovered. In addition, the task force shall provide the legislature with an annual report documenting its progress.

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effective upon approval; provided that section 3 of this Act shall be repealed on June 30, 2010.