HOUSE OF REPRESENTATIVES

H.B. NO.

684

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to employment.

 

 

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

 


SECTION 1. Chapter 378, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"378-   Discrimination; adverse tangible employment action; prohibited. (a) It shall be an unlawful discriminatory practice for a supervisor or employer to take adverse tangible employment action against an employee because of the employee's race, sex including gender identity or expression, sexual orientation, age, religion, color, ancestry, disability, marital status, arrest and court record, or domestic or sexual violence victim status.

(b) An employer shall be liable for a supervisor's actions that are in violation of this section; provided that the employee proves by a preponderance of the evidence that:

(1) The employer authorized the supervisor to act as a supervisor to the employee; and

(2) The supervisor subjected the employee to an adverse tangible employment action.

(c) It is an affirmative defense that:

(1) The employer exercised reasonable care to prevent or correct the supervisor's actions that violate this section, including but not limited to the adoption and implementation of an anti-harassment policy; and

(2) The employee:

(A) Unreasonably failed to take advantage of the employer's preventative or corrective opportunities; or

(B) Unreasonably failed to avoid harm.

The affirmative defense afforded by this subsection shall not apply when the employee has demonstrated by a preponderance of evidence that the employee has suffered an adverse tangible employment action.

(d) For purposes of this section:

"Adverse tangible employment action" includes, but is not limited to the firing, failure to promote, assigning of significantly different responsibilities, and significantly reducing benefits of an employee.

"Supervisor" means a person who is employed and empowered by the employer to take tangible employment actions with respect to employees.

"Tangible employment action" includes, but is not limited to the hiring, firing, promoting, assigning responsibilities, and changing benefits of an employee."

SECTION 2. New statutory material is underscored.

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. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Employer Liability; Discriminatory Practices

 

Description:

Allows an employee who has suffered a tangible adverse employment action resulting from a supervisor's discriminatory actions to sue the employee's employer. Allows an employer to raise an affirmative defense.

 

 

 

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