Hawaii Revised Statutes 378. Employment Practices

PART I. OLD DISCRIMINATORY PRACTICES

• 378-1 to 378-10 Repealed.
  L 1977, c 85, §2; L 1981, c 94, §2. PART I. DISCRIMINATORY PRACTICES Cross References Civil rights commission, see chapter 368. Law Journals...
• 378-2 Discriminatory Practices Made Unlawful; Offenses Defined.
  (a) It shall be an unlawful discriminatory practice: (1) Because of race, sex including gender identity or expression, sexual orientation, age, religion, color, ancestry,...
• 378-2.3 Equal Pay; Sex Discrimination.
  No employer shall discriminate between employees because of sex, by paying wages to employees in an establishment at a rate less than the rate...
• 378-2.5 Employer Inquiries Into Conviction Record.
  (a) Subject to subsection (b), an employer may inquire about and consider an individual's criminal conviction record concerning hiring, termination, or the terms, conditions,...
• 378-2.7 Employer Inquiries Into and Consideration of Credit History or Credit Report.
  (a) Notwithstanding section [378-2(a)(8)]: (1) Inquiry into and consideration of a prospective employee's credit history or credit report may take place only after the...
• 378-3 Exceptions.
  Nothing in this part shall be deemed to: (1) Repeal or affect any law, ordinance, or government rule having the force and effect of...
• 378-4 Enforcement Jurisdiction.
  The commission shall have jurisdiction over the subject of discriminatory practices made unlawful by this part. Any individual claiming to be aggrieved by an...
• 378-5 Remedies.
  (a) The commission may order appropriate affirmative action, including, but not limited to, hiring, reinstatement, or upgrading of employees, with or without backpay, restoration...
• 378-6 Inspection; Investigation; Records.
  (a) In connection with an investigation of a complaint filed under this part, or whenever it appears to the commission that an unlawful discriminatory...
• 378-7 to 378-9 Repealed.
  L 1989, c 386, §§18 to 20.
• 378-10 Repealed.
  L 2013, c 249, §3.

PART II. OLD LIE DETECTOR TESTS

• 378-21 and 378-22 Repealed.
  L 1985, c 241, §2.

PART II. LIE DETECTOR TESTS

• 378-26 Definitions.
  As used in this part: "Department" means the department of labor and industrial relations. "Director" means the director of labor and industrial relations. "Employee"...
• 378-26.5 Unlawful Practices.
  It shall be unlawful for any employer to: (1) Require a prospective employee or employee to submit to a lie detector test as a...
• 378-27 Exception.
  Nothing in this part shall be deemed to: (1) Repeal or affect any law or ordinance or government rule or regulation having the force...
• 378-27.5 Enforcement Jurisdiction; Complaint Against Unlawful Practice.
  (a) The department shall have jurisdiction over practices made unlawful by this part. Any prospective employee or employee claiming to be aggrieved by an...
• 378-28 Power of Department to Prevent Unlawful Practice.
  (a) After the filing of any complaint, or whenever it appears to the department that an unlawful practice may have been committed, the department...
• 378-28.5 Investigation; Oaths; Affidavits; Subpoena; Witnesses; Immunities.
  (a) In connection with an investigation of a complaint filed under this part, or whenever it appears to the department that an unlawful practice...
• 378-29 Rules.
  The director shall make such rules under chapter 91, not inconsistent with this part as in the judgment of the director are appropriate to...
• 378-29.3 Penalties.
  (a) Civil. Any employer found in violation of this part shall be subject to a fine of not less than $100 nor more than...

PART III. UNLAWFUL SUSPENSION OR DISCHARGE

• 378-31 Definitions.
  As used in this part: "Appeal board" means the labor and industrial relations [appeals] board. "Department" means the department of labor and industrial relations....
• 378-32 Unlawful Suspension, Barring, Discharge, Withholding Pay, Demoting, or Discrimination.
  (a) It shall be unlawful for any employer to suspend, discharge, or discriminate against any of the employer's employees: (1) Solely because the employer...
• 378-33 Complaint Against Unlawful Suspension, Discharge, or Discrimination.
  (a) Any employee aggrieved by an alleged unlawful suspension, discharge, or discrimination may file with the department of labor and industrial relations a complaint...
• 378-34 Proceeding and Hearing on Complaint.
  (a) After the filing of any complaint, the department of labor and industrial relations shall serve a copy of the complaint upon the employer...
• 378-35 Findings and Order.
  If the department of labor and industrial relations finds, after a hearing, that an employer has unlawfully suspended, discharged or discriminated against an employee...
• 378-36 Judicial Review.
  Any person aggrieved by the order of the department of labor and industrial relations shall be entitled to judicial review as provided by section...
• 378-37 Enforcement of Order; Judgment Rendered Thereon.
  If an employer fails or neglects to comply with the final order of the department of labor and industrial relations from which no appeal...
• 378-38 Rules and Regulations.
  The director of labor and industrial relations shall adopt rules and regulations as the director deems necessary for the purpose of carrying out this...

PART IV. FAIR REPRESENTATION

• 378-51 Action Against Labor Organization, Limitation.
  Any complaint, whether founded upon any contract obligation or for the recovery of damage or injury to persons or property, by an employee against a...

PART V. WHISTLEBLOWERS' PROTECTION ACT

• 378-61 Definitions.
  In this part, "part" substituted for "chapter" pursuant to §23G-15. Law Journals and Reviews Wrongful Termination Law in Hawaii. V HBJ, no. 13, at...
• 378-62 Discharge Of, Threats To, or Discrimination Against Employee for Reporting Violations of Law.
  In this part, "part" substituted for "chapter" pursuant to §23G-15. Law Journals and Reviews Wrongful Termination Law in Hawaii. V HBJ, no. 13, at...
• 378-63 Civil Actions for Injunctive Relief or Damages.
  In this part, "part" substituted for "chapter" pursuant to §23G-15. Law Journals and Reviews Wrongful Termination Law in Hawaii. V HBJ, no. 13, at...
• 378-64 Remedies Ordered by Court.
  In this part, "part" substituted for "chapter" pursuant to §23G-15. Law Journals and Reviews Wrongful Termination Law in Hawaii. V HBJ, no. 13, at...
• 378-65 Penalties for Violations.
  In this part, "part" substituted for "chapter" pursuant to §23G-15. Law Journals and Reviews Wrongful Termination Law in Hawaii. V HBJ, no. 13, at...
• 378-66 Collective Bargaining and Confidentiality Rights, Takes Precedence.
  In this part, "part" substituted for "chapter" pursuant to §23G-15. Law Journals and Reviews Wrongful Termination Law in Hawaii. V HBJ, no. 13, at...
• 378-67 Compensation for Employee Participation in Investigation, Hearing, or Inquiry.
  In this part, "part" substituted for "chapter" pursuant to §23G-15. Law Journals and Reviews Wrongful Termination Law in Hawaii. V HBJ, no. 13, at...
• 378-68 Notices of Employee Protections and Obligations.
  In this part, "part" substituted for "chapter" pursuant to §23G-15. Law Journals and Reviews Wrongful Termination Law in Hawaii. V HBJ, no. 13, at...
• 378-69 Conflict With Common Law, Precedence.
  In this part, "part" substituted for "chapter" pursuant to §23G-15. Law Journals and Reviews Wrongful Termination Law in Hawaii. V HBJ, no. 13, at...

B. Public Employees

• 378-70 Protected Disclosure by a Public Employee.
  (a) In addition to any other protections under this part, a public employer shall not discharge, threaten, or otherwise discriminate against a public employee...

PART VI. VICTIMS PROTECTIONS

• 378-71 Definitions.
  Part heading amended by L 2011, c 206, §3(1). [A.] General Provisions Note Section 378-71 designated as Subpart A by L 2011, c 206,...

B. Victims Leave

• 378-72 Leave of Absence for Domestic or Sexual Violence.
  Sections 378-72 to 378-74 designated as Subpart B by L 2011, c 206, §3(3). [§378-72] Leave of absence for domestic or sexual violence. (a)...
• 378-73 Relationship to Other Leaves.
  Sections 378-72 to 378-74 designated as Subpart B by L 2011, c 206, §3(3). [§378-73] Relationship to other leaves. If an employee is entitled...
• 378-74 Effect on Employment and Collective Bargaining Agreements; Benefits.
  Sections 378-72 to 378-74 designated as Subpart B by L 2011, c 206, §3(3). [§378-74] Effect on employment and collective bargaining agreements; benefits. Nothing...

C. Reasonable Accommodations in the Workplace

• 378-81 Reasonable Accommodations.
  [(a)] An employer shall make reasonable accommodations in the workplace for an employee who is a victim of domestic or sexual violence, including: (1)...
• 378-82 Civil Actions.
  Any employee denied reasonable accommodations by an employer in violation of this subpart may file a civil action against the employer to enforce this...

PART VII. OPPORTUNITY TO EXPRESS MILK

• 378-91 Definitions.
  Breastfeeding in public accommodations, see §§489-21 to 489-23. [§378-91] Definitions. As used in this part: "Employee" means an individual who performs a service for...
• 378-92 Opportunity to Express Milk.
  Breastfeeding in public accommodations, see §§489-21 to 489-23. [§378-92] Opportunity to express milk. (a) An employer shall provide: (1) Reasonable break time for an...
• 378-93 Civil Actions for Injunctive Relief or Damages.
  Breastfeeding in public accommodations, see §§489-21 to 489-23. [§378-93] Civil actions for injunctive relief or damages. (a) An employee who alleges a violation of...

Last modified: October 27, 2016