HOUSE OF REPRESENTATIVES
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO CIVIL RIGHTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to clarify existing law with regard to sex discrimination and provide that discrimination based upon gender identity or expression constitutes a form of sex discrimination.
SECTION 2. Section 368-1, Hawaii Revised Statutes, is amended to read as follows:
"§368-1 Purpose and intent. The
legislature finds and declares that the practice of discrimination because of
race, color, religion, age, sex, including gender identity or expression,
sexual orientation, marital status, national origin, ancestry, or disability in
employment, housing, public accommodations, or access to services receiving
state financial assistance is against public policy. It is the purpose of this
chapter to provide a mechanism [
which] that provides for a
uniform procedure for the enforcement of the State's discrimination laws. It
is the legislature's intent to preserve all existing rights and remedies under
SECTION 3. Section 378-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Gender identity or expression" includes a person's actual or perceived gender, as well as a person's gender identity, gender-related self-image, gender-related appearance, or gender-related expression, regardless of whether that gender identity, gender-related self-image, gender-related appearance, or gender-related expression is different from that traditionally associated with the person's sex at birth."
SECTION 4. Section 378-2, Hawaii Revised Statutes, is amended to read as follows:
"§378-2 Discriminatory practices made unlawful; offenses defined. It shall be an unlawful discriminatory practice:
(1) Because of race, sex, including gender identity or expression, sexual orientation, age, religion, color, ancestry, disability, marital status, or arrest and court record:
(A) For any employer to refuse to hire or employ or to bar or discharge from employment, or otherwise to discriminate against any individual in compensation or in the terms, conditions, or privileges of employment;
(B) For any employment agency to fail or refuse to refer for employment, or to classify or otherwise to discriminate against, any individual;
(C) For any employer or employment agency to
print, circulate, or cause to be printed or circulated any statement,
advertisement, or publication or to use any form of application for employment
or to make any inquiry in connection with prospective employment, [
that expresses, directly or indirectly, any limitation, specification,
(D) For any labor organization to exclude or expel from its membership any individual or to discriminate in any way against any of its members, employer, or employees; or
(E) For any employer or labor organization to refuse to enter into an apprenticeship agreement as defined in section 372-2; provided that no apprentice shall be younger than sixteen years of age;
(2) For any employer, labor organization, or employment agency to discharge, expel, or otherwise discriminate against any individual because the individual has opposed any practice forbidden by this part or has filed a complaint, testified, or assisted in any proceeding respecting the discriminatory practices prohibited under this part;
(3) For any person whether an employer, employee, or not, to aid, abet, incite, compel, or coerce the doing of any of the discriminatory practices forbidden by this part, or to attempt to do so;
(4) For any employer to violate the provisions of section 121-43 relating to nonforfeiture for absence by members of the national guard;
(5) For any employer to refuse to hire or employ or to bar or discharge from employment, any individual because of assignment of income for the purpose of satisfying the individual's child support obligations as provided for under section 571-52;
(6) For any employer, labor organization, or employment agency to exclude or otherwise deny equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association;
(7) For any employer or labor organization to refuse
to hire or employ [
or to], bar or discharge from employment, [ or]
withhold pay[ ,] from, demote, or penalize a lactating employee
because an employee breastfeeds or expresses milk at the workplace. For
purposes of this paragraph, the term "breastfeeds" means the feeding
of a child directly from the breast; or
(8) For any employer to refuse to hire or employ [
to], bar or discharge from employment, or otherwise to discriminate
against any individual in compensation or in the terms, conditions, or
privileges of employment of any individual because of the individual's credit
history or credit report, unless the information in the individual's credit
history or credit report directly relates to a bona fide occupational
qualification under section 378-3(2)."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
Civil Rights; Nondiscrimination; Gender Identity
Prohibits discrimination on the basis of gender identity or expression as a public policy matter and specifically with regard to employment. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.