HB 1267 Summary

• Clarifies that Hawaii's anti-discrimination law does not prohibit employers from refusing to hire, refusing to refer, or discharging employees for reasons unrelated to unlawful discriminatory practices under sections 378-2, 378-2.3, 378-2.5, and 378-2.7 of Hawaii Revised Statutes.

• Amends section 378-3 (Exceptions) to explicitly state employers may refuse to hire or discharge individuals for reasons relating to job performance ability or reasons unrelated to prohibited discrimination, unequal pay based on sex, criminal conviction record inquiries, or credit history inquiries.

• Responds to the Hawaii Supreme Court decision in Adams v. CDM Media USA, Inc. which the legislature determined unreasonably narrowed the basis upon which employers could decline hiring applicants.

• States the legislature's intent that employment discrimination laws were enacted to prohibit discrimination based on protected categories but were not intended to prevent employment actions for reasons unrelated to those protected categories.

• Takes effect upon approval.