Hawaii Revised Statutes
378. Employment Practices
378-71 Definitions.

Note
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, §3(2).
§378-71 Definitions. As used in this part:
"Child" means an individual who is a biological, adopted, or foster son or daughter; a stepchild; or a legal ward of an employee.
"Course of conduct" means acts over any period of time of repeatedly maintaining a visual or physical proximity to a person or conveying verbal or written threats, including threats conveyed through electronic communications or threats implied by conduct.
"Domestic abuse" means conduct defined in section 586-1.
"Domestic or sexual violence" means domestic abuse, sexual assault, or stalking.
"Electronic communications" includes communications via telephone, mobile phone, computer, e-mail, video recorder, fax machine, telex, or pager.
"Employee" means a person who performs services for hire for not fewer than six consecutive months for the employer from whom benefits are sought under this chapter.
"Health care provider" means a physician as defined under section 386-1.
"Sexual assault" means any conduct proscribed by chapter 707, part V.
"Stalking" means engaging in a course of conduct directed at a specifically targeted person that would cause a reasonable person to suffer substantial emotional distress or to fear bodily injury, sexual assault, or death to the person or to the person's spouse, parent, child, or any other person who regularly resides in the person's household, and where the conduct does cause the targeted person to have such distress or fear.
"Victim services organization" includes:
(1) A nonprofit, nongovernmental organization that provides assistance to victims of domestic or sexual violence or to advocates for such victims, including a rape crisis center;
(2) An organization operating a shelter or providing professional counseling services; or
(3) An organization providing assistance through the legal process. [L 2003, c 60, pt of §2]

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 21. Labor and Industrial Relations

378. Employment Practices

378-1 to 378-10 REPEALED. §378-1 Definitions.

378-2 Discriminatory practices made unlawful; offenses defined.

378-2.2 Sexual harassment or sexual assault; nondisclosure agreements; prohibited.

378-2.3 Equal pay; sex discrimination. (a) No employer shall discriminate between employees because of sex, by paying wages to employees in an establishment at a rate less than the rate at which the employer pays wages to employees of the opposite se...

378-2.4 Employer inquiries into and consideration of salary or wage history.

378-2.5 Employer inquiries into conviction record.

378-2.7 Employer inquiries into and consideration of credit history or credit report.

378-3 Exceptions.

378-4 Enforcement jurisdiction.

378-5 Remedies.

378-6 Inspection; investigation; records.

378-7 to 378-9 REPEALED.

378-10 REPEALED.

378-21 and 378-22 REPEALED.

378-26 Definitions.

378-26.5 Unlawful practices.

378-27 Exception.

378-27.5 Enforcement jurisdiction; complaint against unlawful practice.

378-28 Power of department to prevent unlawful practice.

378-28.5 Investigation; oaths; affidavits; subpoena; witnesses; immunities.

378-29 Rules.

378-29.3 Penalties.

378-31 Definitions.

378-32 Unlawful suspension, barring, discharge, withholding pay, demoting, or discrimination.

378-33 Complaint against unlawful suspension, discharge, or discrimination.

378-34 Proceeding and hearing on complaint.

378-35 Findings and order.

378-36 Judicial review.

378-37 Enforcement of order; judgment rendered thereon.

378-38 Rules and regulations.

378-51 Action against labor organization, limitation.

378-61 Definitions.

378-62 Discharge of, threats to, or discrimination against employee for reporting violations of law.

378-63 Civil actions for injunctive relief or damages.

378-64 Remedies ordered by court.

378-65 Penalties for violations

378-66 Collective bargaining and confidentiality rights, takes precedence.

378-67 Compensation for employee participation in investigation, hearing, or inquiry.

378-68 Notices of employee protections and obligations.

378-69 Conflict with common law, precedence.

378-70 Protected disclosure by a public employee.

378-71 Definitions.

378-72 Leave of absence for domestic or sexual violence.

378-73 Relationship to other leaves.

378-74 Effect on employment and collective bargaining agreements; benefits.

378-81 Reasonable accommodations.

378-82 Civil actions.

378-91 Definitions.

378-92 Opportunity to express milk.

378-93 Civil actions for injunctive relief or damages.

378-101 Definitions.

378-102 Unlawful practices.

378-103 Exception.

378-104 Civil actions for injunctive relief or damages.