HOUSE OF REPRESENTATIVES

H.B. NO.

1735

TWENTY-NINTH LEGISLATURE, 2018

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO EXTENDING ALOHA TO VETERANS.

 

 

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

 


SECTION 1. The legislature finds that Hawaii is one of only thirteen states that does not extend legal protection to private businesses that want to offer preferential hiring for veterans. Veterans and their families make significant personal sacrifices for our national security, and those who have served our nation honorably can offer special skills, experiences, and work ethic to employers. Employers should have the option to choose to incorporate a veterans' hiring preference policy.

Without legal protection from the state, however, private businesses currently cannot establish pro-veteran hiring policies without risking claims of discrimination and costly lawsuits.

In response to these concerns, thirty-seven other states have created laws protecting employers that choose hiring policies favoring veterans. Title VII of the Civil Rights Act includes a specific exception, codified as title 42 United States Code section 2475, that allows states to authorize a private sector employer to establish a veterans' preference. Hawaii should join the thirty-seven states that have already done so in honoring veterans' service and recognizing the unique benefits they can provide in the private sector economy.

The purpose of this Act is to authorize, without mandating, private businesses, employment agencies, and labor organizations to adopt preferential hiring policies for honorably discharged veterans in accordance with Title VII of the Civil Rights Act.

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

"378-   Veterans preference in private employment. (a) A private employer, employment agency, or labor organization may adopt an employment policy that gives preference in hiring to an honorably discharged veteran, as defined in section 363-1. Such a policy shall be applied uniformly to employment decisions regarding hiring and promotion.

(b) These preferences shall not be considered violations of any state or local equal employment opportunity law, including but not limited to any statute or regulation adopted under chapter 378."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Nondiscrimination law; Veterans hiring preference

 

Description:

This Act allows private businesses, employment agencies, or labor organizations to adopt preferential hiring policies for honorably discharged veterans in accordance with Section 11 of Title VIII of the Civil Rights Act.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.