Chapter 378 — Chapter 378

PART I. [OLD] DISCRIMINATORY PRACTICES §§378-1 to 378-10 REPEALED.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 §378-1 Definitions. As used herein: "Arrest and court record" includes any information about an individual having been questioned, apprehended, …

§378-10 REPEALED. L 2013, c 249, §3.

§378-2 Discriminatory practices made unlawful; offenses defined. (a) It shall be an unlawful discriminatory practice: (b) For purposes of subsection (a)(1):

§378-2.2 Sexual harassment or sexual assault; nondisclosure agreements; prohibited. (a) No employer shall enter into or require an employee to enter into a nondisclosure agreement that prevents the employee from disclosing or discussing sexual harassment or sexual assault occurri…

§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, or privileges of employment; provided that the convic…

PART II. [OLD] LIE DETECTOR TESTS §§378-21 and 378-22 REPEALED. L 1985, c 241, §2.

§378-27 Exception. Nothing in this part shall be deemed to:

§378-29.3 Penalties. (a) Civil. Any employer found in violation of this part shall be subject to a fine of no less than $250 nor more than $2,500 to be collected by the director and the fine shall not be suspended. Each violation shall constitute a separate offense. Amounts so co…

§378-3 Exceptions. Nothing in this part shall be deemed to:

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. "Director" means the director of labor and industria…

§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: (b) It shall be unlawful for an employer or a labor organizatio…

§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 in writing, stating the name and addr…

§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 charged. Service may be by delivery to the employer or by mail. The employer may file an answ…

§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 in violation of section 378-32, the department may order the reinstatement, or reinst…

§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 91-14. [L 1967, c 22, pt of §1; HRS §378-36]

§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 has been taken as provided by this part, the department or the employee affected may a…

§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. [L 1967, c 22, pt of §1; HRS §378-38; gen ch 1985]

§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 alleged unlawful discriminatory practice may file with the commission a complaint in acco…

§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 to membership in any respondent labor organization, or other remedies as provided un…

§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 practice may have been or is being committed, the commission's authorized representati…

[PART V.] WHISTLEBLOWERS' PROTECTION ACT A. General Provisions §378-61 Definitions. As used in this part: "Employee" means a person who performs a service for wages or other remuneration under a contract for hire, written or oral, express or implied. Employee includes a person em…

§378-62 Discharge of, threats to, or discrimination against employee for reporting violations of law. An employer shall not discharge, threaten, or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location, or privileges of empl…

§378-63 Civil actions for injunctive relief or damages. (a) A person who alleges a violation of this part may bring a civil action for appropriate injunctive relief, or actual damages, or both within two years after the occurrence of the alleged violation of this part. (b) An act…

§378-64 Remedies ordered by court. A court, in rendering a judgment in an action brought pursuant to this part, shall order, as the court considers appropriate, reinstatement of the employee or public employee, payment of back wages, full reinstatement of fringe benefits and seni…

§378-65 Penalties for violations. (a) A person or public employer who violates this part shall be fined no less than $750 nor more than $7,500 for each violation. (b) A civil fine that is ordered pursuant to this part shall be deposited with the director of finance to the credit …

§378-66 Collective bargaining and confidentiality rights, takes precedence. (a) This subpart shall not be construed to diminish or impair the rights of a person under any collective bargaining agreement, nor to permit disclosures which would diminish or impair the rights of any p…

§378-67 Compensation for employee participation in investigation, hearing, or inquiry. This subpart shall not be construed to require an employer to compensate an employee for participation in an investigation, hearing, or inquiry held by a public body in accordance with section …

§378-68 Notices of employee protections and obligations. An employer shall post notices and use other appropriate means to keep the employer's employees informed of their protections and obligations under this subpart. [L 1987, c 267, pt of §1; am L 2011, c 166, §10]

§§378-7 to 378-9 REPEALED. L 1989, c 386, §§18 to 20.

[B.] Victims Leave §378-72 Leave of absence for domestic or sexual violence. (a) An employer employing fifty or more employees shall allow an employee to take up to thirty days of unpaid victim leave from work per calendar year, or an employer employing not more than forty-nine e…