HOUSE OF REPRESENTATIVES TWENTY-FIFTH LEGISLATURE, 2009 STATE OF HAWAII H.B. NO. 31 S.D. 1 C.D.1 1 A BILL FOR AN ACT RELATING TO EMPLOYMENT PRACTICES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. Chapter 378, Hawaii Revised Statutes, is 2 amended by adding a new section to be appropriately designated 3 and to read as follows: 4 "§378- Employer inquiries into and consideration of 5 credi t history or credit report. 6 378-2(8): (a) Notwithstanding section 7 8 9 10 11 12 13 14 15 16 17 18 ill Inquiry into and consideration of a prospective employee's credit history or credit report may take place only after the prospective employee has received a conditional offer of employment, which may be withdrawn if information in the credit history or credit report is directly related to a bona fide occupational qualification; ill The prohibition against an employer's refusal to hire or employ, barring or terminating from employment, or otherwise discriminating on the basis of credit history shall not apply to employers who are expressly permitted or required to inquire into an individual's HB31 COl HMS 2009-4036 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111I11111111
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H.B. NO. - Hawaii State Legislature relates to a bona fide occupational qualification and that employers expressly permitted to inquire into credit history for employment purposes
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HOUSE OF REPRESENTATIVESTWENTY-FIFTH LEGISLATURE, 2009STATE OF HAWAII
H.B. NO.31S.D. 1C.D.1
1
A BILL FOR AN ACT
RELATING TO EMPLOYMENT PRACTICES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 378, Hawaii Revised Statutes, is
2 amended by adding a new section to be appropriately designated
3 and to read as follows:
4 "§378- Employer inquiries into and consideration of
5 credit history or credit report.
6 378-2(8):
(a) Notwithstanding section
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ill Inquiry into and consideration of a prospective
employee's credit history or credit report may take
place only after the prospective employee has received
a conditional offer of employment, which may be
withdrawn if information in the credit history or
credit report is directly related to a bona fide
occupational qualification;
ill The prohibition against an employer's refusal to hire
or employ, barring or terminating from employment, or
otherwise discriminating on the basis of credit
history shall not apply to employers who are expressly
permitted or required to inquire into an individual's
Report Title:Employment; Credit History Prohibited
Description:Establishes employer's use of individual's credit history inhiring and termination decisions as an unlawful discriminatorypractice; provided that the individual's credit informationdirectly relates to a bona fide occupational qualification andthat employers expressly permitted to inquire into credithistory for employment purposes pursuant to any federal or statelaw, managerial and supervisory employees, and certain financialinstitutions are exempt. Takes effect July 1, 2009. (HB31 COl)