Text of HI SB 2560 (2022)

THE SENATE S.B. NO. 2560 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT relating to equal employment opportunity. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. The legislature finds that sexism and transphobia operate in conjunction against the lives of transgender women. These forces have the effect of drastically reducing employment opportunities and income and compel transgender women to enter underground economies for economic survival. During the coronavirus disease 2019 (COVID-19) pandemic, lesbian, gay, bisexual, transgender, and queer people also experienced reduced employment and income at far higher rates compared to the general population. The United States Supreme Court, in Bostock v. Clayton County, 590 U.S. ___, 140 S. Ct. 1731 (2020), held that federal law prohibits anti-transgender discrimination in employment. The legislature also finds that there exists a need to close the gap between gender identity protections and lived reality for Hawaii's transgender ohana, especially transgender women. Hawaii leads the nation with 0.78 per cent of the population identifying as transgender. Transgender people are a protected class under state law, yet their quality of life remains dire due to their unequal treatment within the employment sphere; workplaces are not safe for transgender and non-binary people. Nationally, one in four transgender people have lost a job due to transphobia and bias. Transgender workers report unemployment at twice the rate of the general population. Transgender workers are nearly four times more likely than the larger population to have a household income of under $10,000 (fifteen per cent versus four per cent). Our nation's military veterans include lesbian, gay, bisexual, transgender, and queer people. In recognition of their service and sacrifice, military veterans who are disabled, or who served on active duty during certain specified time periods or in military campaigns, are entitled to preference over non-veteran applicants in hiring for virtually all federal government jobs. However, given the history of discrimination in the military against non-heterosexual people and people who do not conform to gender stereotypes, many qualified people who otherwise may have been hired due to a veterans' preference have likely been denied the opportunity to benefit from this policy. Locally, transgender individuals make up a significant percentage per capita of not only the annual Point-in-Time count of the homeless population but also close to half of the sexual and gender minority population. According to a report by the Hawaii sexual and gender minority workgroup convened by the state department of health in 2017, forty-one per cent of two hundred eighteen homeless gender minorities identified as transgender. According to data from the B.E. Journal of Economic Analysis and Policy, while transgender men earn more after their transition, transgender women see their earnings drop by nearly a third after they transition. As a result, many transgender people are economically coerced into the sex industry, which places them at high risk of death, sexually transmitted infections, substance use disorders, depression, post-traumatic stress disorder, and recurrent sexual assault. Accordingly, the legislature believes that transgender people must be provided with a full range of employment opportunities by ensuring equal access to employment and that a proactive approach is needed to correct decades of discrimination. The purpose of this Act is to require state departments and agencies to: (1) Establish hiring and promotion goals for position-qualified transgender and non-binary persons by January 1, 2023; (2) Develop transgender employment policies addressing specified areas by January 1, 2023, to promote inclusive, safe workplaces that respect gender identity; and (3) Submit annual reports to the legislature. SECTION 2. Chapter 78, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§78- Transgender and non-binary persons; hiring goals and employment policies. (a) No later than January 1, 2023, each state department and agency shall establish hiring and promotion goals for position-qualified transgender and non-binary persons. Reporting of gender identity shall be voluntary by employees and potential job applicants. All state employment forms shall include a gender nonbinary option. (b) No later than January 1, 2023, each state department and agency shall develop a transgender employment policy to promote inclusive, safe workplaces that respect gender identity. Policies shall address the following areas: (1) Privacy. Transgender employees shall have the right to discuss their gender identity or expression openly, or to keep this information private; (2) Official records. Upon request by an employee, an employer shall change an employee's official record to reflect a change in name or gender; (3) Respecting workers' truth. An employee shall have the right to be addressed by the name and pronoun that corresponds to the employee's gender identity, upon request; (4) Transition support. Employees who transition to another gender while employed shall be provided with support from managerial and human resources staff; (5) Job assignments. For "sex-segregated" positions, transgender employees shall be classified and assigned in a manner consistent with their gender identity, not their gender assigned at birth; (6) Dress code. Employers shall not establish or enforce dress codes that restrict employees' clothing or appearance on the basis of gender; (7) Lockers. All employees shall have the right to use the locker room, if provided, that corresponds to their gender identity; and (8) Health care. Employers shall only enter into health insurance contracts that include coverage for employees' transition-related care. (c) No later than twenty days prior to the convening of each regular session, each state department and agency that is subject to the requirements of subsections (a) and (b) shall submit to the legislature a report that details each department and agency's progress toward meeting their respective hiring goals for transgender and non-binary persons, including specific actions taken to meet hiring goals; provided that the department of education and the university of Hawaii shall report their progress and actions to the department of human resources development, to be included in that department's report to the legislature." SECTION 3. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ Report Title: Employment; Hiring and Promotion; Transgender Persons; Non-Binary Persons; Inclusive Employment Policies; Report to Legislature Description: Requires state departments and agencies to establish hiring and promotion goals for position-qualified transgender and non-binary persons and develop transgender employment policies addressing specified areas by 1/1/2023. Requires annual reports to the Legislature. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.