Hawaii is considering changes to its employment discrimination bill. Senate Bill 535 makes it an unlawful discriminatory practice “For any employer to engage in unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature to a domestic worker when:
– (A) Submission to the conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
– (B) Submission to or rejection of the conduct by an individual is used as the basis for employment decisions affecting the individual; or
– (C) The conduct has the purpose or effect of unreasonably interfering with an individual’s work performance by creating an intimidating, hostile, or offensive working environment; or
For any employer to subject a domestic worker to unwelcome harassment based on gender, race, religion or national origin, where the harassment has the purpose or effect of unreasonably interfering with an individual’s work performance by creating an intimidating, hostile. or offensive working environment.”
The bill does not define “gender.” Existing Hawaii law bans workplace discrimination based on sex and gender identity.