Two new Hawaii state laws go into effect in the New Year.  

Employment protections for victims of domestic and sexual violence

Civil rights laws were created to protect certain groups of people according to certain characteristics, such as race, sex, religion, and national origin. A new state law, which takes effect on January 1, 2012, adds "victims of domestic or sexual violence" to this list of protected groups, or classes. 

Act 206 extends employment protections to employees and prospective employees who are

• Victims of domestic abuse, sexual assault, or stalking, or
• Parents of a minor child who is a victim of domestic or sexual violence.

The Act makes it illegal for an employer to use victim status as a deciding factor in

• Refusing to hire or employ or in barring or discharging from employment, and
• Discriminating against any individual in compensation or in the terms, conditions, or privileges of employment.

This new law amends the current Hawaii "Victims Leave" law, which allows eligible employees up to 30 days of unpaid leave (depending on the size of the employer) and re-titles it to "Victims Protections." Under the amended law, employers will be required to provide "reasonable accommodations" in the workplace for employees who claim to be victims of domestic or sexual violence, unless doing so would create an "undue hardship" on the operations of the employer. Employers may require the employee to verify their status before providing any accommodation(s). Status may be verified not more than once every six months. 

"Reasonable accommodations" in this context include, but are not limited to: 

• Screening the employee's phone calls, 
• Changing the employee's contact information, 
• Changing the employee's work location, 
• Restructuring the job functions of the employee,
• Installing locks and other security devices, and 
• Allowing the employee to work flexible hours.

What should you do?

Before taking any adverse action (such as not hiring someone, revoking a job offer, or terminating an employee) or denying any requests for "reasonable accommodations" from a job applicant or employee who may fall under this new protected category, we recommend you seek legal counsel.

Here is a summary of Act 206 from the Hawaii Civil Rights Commission.

Civil unions to receive same benefits 

Another law going into effect January 1, 2012 requires employers in Hawaii to extend the same benefits to partners in a civil union as they do to spouses in a marriage. These benefits may include health insurance, other types of insurance, leave entitlements, and merchandise discounts. However, benefits granted under federal law may not apply.

The new law applies to both same-sex and heterosexual couples, and specific terms (such as spouse, family, immediate family, dependent, and next of kin) that indicate a spousal relationship will also apply to parties in a civil union.

Here is the text of Senate Bill 232 (signed into law as Act 1).