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HI HB1267

Bill

Status

Introduced

1/24/2019

Primary Sponsor

Scott Saiki

Click for details

Origin

House of Representatives

2020 Regular Session

AI 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, or 378-2.7.

  • Amends section 378-3 of Hawaii Revised Statutes to explicitly state that employment decisions based on ability to perform work or reasons unrelated to protected class discrimination are permissible.

  • Responds to the Hawaii Supreme Court decision in Adams v. CDM Media USA, Inc. by allowing employers to decline applicants who do not meet non-mandatory job functions without facing costly litigation.

  • Maintains that the law continues to prohibit discrimination based on protected classifications while clarifying the law was not intended to prevent legitimate, non-discriminatory employment decisions.

  • Takes effect upon approval.

Legislative Description

Relating To Employment.

Employment Practices

Last Action

Carried over to 2020 Regular Session.

12/1/2019

Committee Referrals

Labor & Public Employment1/28/2019

Full Bill Text

No bill text available