H.B. 1701 Summary

• Expands protected classes under Hawaii's equal pay statute to include race, gender identity or expression, sexual orientation, age, religion, color, ancestry, disability, marital status, arrest and court record, and domestic or sexual violence victim status, aligning with state employment discrimination prohibitions.

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

• Clarifies that compensation differentials are permissible only if solely resulting from non-discriminatory seniority systems, merit systems, objective production-based earnings measures, or factors that neither intend nor effect discrimination.

• Prohibits employers from inquiring about or considering applicant salary history during hiring; requires employers to disclose pay scales to applicants, provide wage ranges upon hire and annually upon request, and include hourly rates or salary ranges in all job listings.

• Protects employee rights to discuss and disclose wages without retaliation, and prohibits wage reductions to achieve pay equity compliance.