S.B. 1375 - Equal Pay Summary

• Expands Hawaii's equal pay protections to cover discrimination based on race, gender identity, sexual orientation, age, religion, color, ancestry, disability, marital status, arrest and court record, and domestic or sexual violence victim status, not just sex.

• Changes the standard from "equal work" to "substantially similar work" when viewed as a composite of skill, effort, and responsibility performed under similar working conditions.

• Clarifies that compensation differentials are lawful only if they result from non-discriminatory seniority systems, merit systems, objective productivity measures, or factors with neither the purpose nor effect of discriminating on prohibited bases.

• Requires employers to disclose salary ranges in job listings, provide pay scales to applicants, and provide employees with wage ranges for their position and substantially similar positions annually and upon request.

• Prohibits employers from inquiring about or relying on an applicant's salary history when determining compensation, except when an applicant voluntarily discloses it without prompting.