STAND. COM. REP. NO. 1419-18


Honolulu, Hawaii

, 2018


RE: S.B. No. 2351

S.D. 1

H.D. 1





Honorable Scott K. Saiki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii




Your Committee on Labor & Public Employment, to which was referred S.B. No. 2351, S.D. 1, entitled:




begs leave to report as follows:


The purpose of this measure is to address pay disparity between men and women who do similar work by:


(1) Prohibiting prospective employers from requesting or considering a job applicant's prior wage or salary history in the job application process; and


(2) Prohibiting wage secrecy and prohibiting retaliation or discrimination against employees who disclose, discuss, or inquire about their own or coworkers' wages for the purpose of exercising rights under the law.


International Longshore and Warehouse Union Local 142, Americans for Democratic Action, AAUW of Hawaii, Hawaii State AFL-CIO, Planned Parenthood Votes Northwest and Hawaii, Hawaii State Democratic Women's Caucus, Hawaii Women's Coalition, Hawaii Appleseed Center for Law & Economic Justice, Oahu County Committee on Legislative Priorities of the Democratic Party of Hawaii, YWCA Oahu, International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts Local 665, International Brotherhood of Electrical Workers Local Union 1260, AFL-CIO, LGBT Caucus of the Democratic Party of Hawaii, and many individuals supported this measure. Hawaii Petroleum Company and an individual opposed this measure. The Office of Hawaiian Affairs, Hawaii Civil Rights Commission, Hawaii State Commission on the Status of Women, City and County of Honolulu Department of Human Resources, Hawaii Food Industry Association, and The Chamber of Commerce Hawaii provided comments.


Your Committee has amended this measure by:


(1) Amending the definition of the term "inquire" to include verbal communication;


(2) Including in its purpose section information describing the income disparities for native Hawaiians, and particularly for native Hawaiian women; and


(3) Changing its effective date to January 1, 2050, to facilitate further discussion.


As affirmed by the record of votes of the members of your Committee on Labor & Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2351, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2351, S.D. 1, H.D. 1, and be referred to your Committee on Judiciary.



Respectfully submitted on behalf of the members of the Committee on Labor & Public Employment,