reglab/housing_qa huggingface dataset:
HI Rev Stat § 378-2.3 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|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 sex in the establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and that are performed under similar working conditions. Payment differentials resulting from: (1) A seniority system; (2) A merit system; (3) A system that measures earnings by quantity or quality of production; (4) A bona fide occupational qualification; or (5) A differential based on any other permissible factor other than sex[,] do not violate this section. (b) An employer shall not retaliate or discriminate against an employee for, nor prohibit an employee from, disclosing the employee's wages, discussing and inquiring about the wages of other employees, or aiding or encouraging other employees to exercise their rights under this section. [L 2005, c 35, §2; am L 2018, c 108, §3]

  §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 sex in the establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and that are performed under similar working conditions. Payment differentials resulting from:  (1) A seniority system;  (2) A merit system;  (3) A system that measures earnings by quantity or quality of production;  (4) A bona fide occupational qualification; or  (5) A differential based on any other permissible factor other than sex[,] do not violate this section.  (b) An employer shall not retaliate or discriminate against an employee for, nor prohibit an employee from, disclosing the employee's wages, discussing and inquiring about the wages of other employees, or aiding or encouraging other employees to exercise their rights under this section. [L 2005, c 35, §2; am L 2018, c 108, §3]
HI Rev Stat § 378-2.4 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-2.4 Employer inquiries into and consideration of salary or wage history.

 §378-2.4 Employer inquiries into and consideration of salary or wage history. (a) No employer, employment agency, or employee or agent thereof shall:  (1) Inquire about the salary history of an applicant for employment; or  (2) Rely on the salary history of an applicant in determining the salary, benefits, or other compensation for the applicant during the hiring process, including the negotiation of an employment contract.  (b) Notwithstanding subsection (a), an employer, employment agency, or employee or agent thereof, without inquiring about salary history, may engage in discussions with an applicant for employment about the applicant's expectations with respect to salary, benefits, and other compensation; provided that if an applicant voluntarily and without prompting discloses salary history to an employer, employment agency, or employee or agent thereof, the employer, employment agency, or employee or agent thereof, may consider salary history in determining salary, benefits, and other compensation for the applicant, and may verify the applicant's salary history.  (c) This section shall not apply to:  (1) Applicants for internal transfer or promotion with their current employer;  (2) Any attempt by an employer, employment agency, or employee or agent thereof, to verify an applicant's disclosure of non-salary related information or conduct a background check; provided that if a verification or background check discloses the applicant's salary history, that disclosure shall not be relied upon during the hiring process for purposes of determining the salary, benefits, or other compensation of the applicant, including the negotiation of an employment contract; and  (3) Public employee positions for which salary, benefits, or other compensation are determined pursuant to collective bargaining.  (d) For purposes of this section:  "Inquire" means to:  (1) Communicate any question or statement to an applicant for employment, an applicant's current or prior employer, or a current or former employee or agent of the applicant's current or prior employer, in writing, verbally, or otherwise, for the purpose of obtaining an applicant's salary history; or  (2) Conduct a search of publicly available records or reports for the purpose of obtaining an applicant's salary history; provided that this shall not include informing an applicant, in writing or otherwise, about the proposed or anticipated salary or salary range for the position.  "Salary history" includes an applicant for employment's current or prior wage, benefits, or other compensation, but shall not include any objective measure of the applicant's productivity, such as revenue, sales, or other production reports. [L 2018, c 108, §2]
HI Rev Stat § 378-2.7 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-2.7 Employer inquiries into and consideration of credit history or credit report.

  §378-2.7 Employer inquiries into and consideration of credit history or credit report. (a) Notwithstanding section [378-2(a)(8)]:  (1) 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;  (2) 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 credit history for employment purposes pursuant to any federal or state law;  (3) 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 managerial or supervisory employees; and  (4) 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 that are financial institutions in which deposits are insured by a federal agency having jurisdiction over the financial institution.  (b) For the purposes of this section:  "Managerial employee" means an individual who formulates and effectuates management policies by expressing and making operative the decisions of the individual's employer.  "Supervisory employee" means an individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. [L Sp 2009, c 1, §1]
HI Rev Stat § 378-4 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-4 Enforcement jurisdiction.

  §378-4 Enforcement jurisdiction. The commission shall have jurisdiction over the subject of discriminatory practices made unlawful by this part. Any individual claiming to be aggrieved by an alleged unlawful discriminatory practice may file with the commission a complaint in accordance with the procedure established under chapter 368. [L 1981, c 94, pt of §2; am L 1989, c 386, §8] Case Notes  In action alleging unlawful discharge in violation of §378-2, time for filing administrative complaint begins to run on date that employee is actually discharged, that is, on date that employment terminates. 76 H. 454, 879 P.2d 1037 (1994).
HI Rev Stat § 378-6 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-6 Inspection; investigation; records.

  §378-6 Inspection; investigation; records. (a) In connection with an investigation of a complaint filed under this part, or whenever it appears to the commission that an unlawful discriminatory practice may have been or is being committed, the commission's authorized representative shall have access to the premises of the parties or persons reasonably connected thereto, records, documents, and other material relevant to the complaint and shall have the right to examine, photograph, and copy that material, and may question employees and make investigation to determine whether any person has violated this part or any rule issued hereunder or which may aid in the enforcement of this part.  (b) Every employer, employment agency, and labor organization shall:  (1) Make and keep records relevant to this part, and  (2) Make such reports therefrom, as the commission shall prescribe by rule or order. [L 1981, c 94, pt of §2; gen ch 1985; am L 1989, c 386, §10]
HI Rev Stat § 378-10 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-10 REPEALED.

  §378-10 REPEALED. L 2013, c 249, §3.
HI Rev Stat § 378-26 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-26 Definitions.

  §378-26 Definitions. As used in this part:  "Department" means the department of labor and industrial relations.  "Director" means the director of labor and industrial relations.  "Employee" means any individual in the employment of an employer.  "Employer" includes any individual, partnership, association, corporation, business trust, legal representative, receiver, trustee, or successor of any of the same, or any organized group of persons, acting directly or indirectly in the interest of any employer in relation to an employee.  "Lie detector test" means a test to detect deception or to verify the truth of statements through the use of any psychophysiological measuring device, such as, but not limited to, polygraph tests and voice stress analyzers.  "Person" means one or more individuals, and includes, but is not limited to, a partnership, association, or corporation, legal representative, trustee, trustee in bankruptcy, receiver, or the State or any of its political subdivisions.  "Prospective employee" means any individual who has applied for or otherwise actively expressed interest in employment with an employer. [L 1985, c 241, pt of §1]
HI Rev Stat § 378-26.5 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-26.5 Unlawful practices.

  §378-26.5 Unlawful practices. It shall be unlawful for any employer to:  (1) Require a prospective employee or employee to submit to a lie detector test as a condition of employment or continued employment;  (2) Terminate or otherwise discriminate against any employee or prospective employee for refusing to submit to a lie detector test;  (3) Ask an employee or prospective employee whether the employee or prospective employee is willing to submit to a lie detector test unless the employee or prospective employee is informed orally and in writing that the test is voluntary and the refusal to submit to the test will not result in termination of the employee or will not jeopardize the prospective employee's chance of a job;  (4) Subject a prospective employee to a lie detector test which includes inquiries deemed unlawful under section 378-2;  (5) Utilize any device that intrudes into any part or cavity of the body for the purpose of truth verification; or  (6) Discharge or otherwise discriminate against any employee or prospective employee because such person has filed a complaint, testified, or assisted in any proceeding respecting the unlawful practices prohibited under this part. [L 1985, c 241, pt of §1]
HI Rev Stat § 378-27 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-27 Exception.

  §378-27 Exception. Nothing in this part shall be deemed to:  (1) Repeal or affect any law or ordinance or government rule or regulation having the force and effect of law;  (2) Apply to lie detector tests administered by any law enforcement or corrections agency;  (3) Apply to the United States and any subdivision thereof;  (4) Conflict with or affect the application of security regulations in employment established by the United States or the State; or  (5) Apply to psychological tests administered by a law enforcement or corrections agency to determine the suitability of a candidate for employment with the law enforcement or corrections agency. [L 1985, c 241, pt of §1; am L 2017, c 76, §1] Note  The 2017 amendment applies to any pending suitability assessments prior to July 3, 2017. L 2017, c 76, §2.
HI Rev Stat § 378-27.5 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-27.5 Enforcement jurisdiction; complaint against unlawful practice.

  §378-27.5 Enforcement jurisdiction; complaint against unlawful practice. (a) The department shall have jurisdiction over practices made unlawful by this part. Any prospective employee or employee claiming to be aggrieved by an unlawful practice may file with the department a verified complaint in writing which shall state the name and address of the prospective employer or employer alleged to have committed the unlawful practice complained of and which shall set forth the particulars thereof and contain such other information as may be required by the department. The attorney general, or the department upon its own initiative, in like manner, may make and file such a complaint.  (b) A complaint may be filed on behalf of a class by the attorney general or the department, and a complaint so filed may be investigated, conciliated, and litigated on a class action basis.  (c) No complaint shall be filed after the expiration of thirty days after the date upon which the alleged unlawful practice occurred or is discovered to have occurred, whichever is later. [L 1985, c 241, pt of §1]
HI Rev Stat § 378-28.5 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-28.5 Investigation; oaths; affidavits; subpoena; witnesses; immunities.

  §378-28.5 Investigation; oaths; affidavits; subpoena; witnesses; immunities. (a) In connection with an investigation of a complaint filed under this part, or whenever it appears to the department that an unlawful practice may have been or is being committed, the director or an authorized representative shall have access to the premises of the parties or persons reasonably connected thereto, records, documents, and other material relevant to the complaint and shall have the right to examine, photograph, and copy such material, and may question such employees and make such investigation to determine whether any person has violated this part or any rule or regulation issued under this part or which may aid in the enforcement of this part.  (b) The director or an authorized representative may administer oaths and may issue subpoenas or subpoena duces tecum to compel the attendance and testimony of witnesses or the production of books, payrolls, records, correspondence, documents, or any other material relating to any matter under investigation.  (c) If a person fails to comply with a subpoena issued under this section, any circuit court, upon application of the director or the director's authorized representative, may issue an order requiring compliance. [L 1985, c 241, pt of §1]
HI Rev Stat § 378-29 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-29 Rules.

  §378-29 Rules. The director shall make such rules under chapter 91, not inconsistent with this part as in the judgment of the director are appropriate to carry out this part and for the efficient administration thereof. [L 1985, c 241, pt of §1]
HI Rev Stat § 378-29.3 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-29.3 Penalties.

  §378-29.3 Penalties. (a) Civil. Any employer found in violation of this part shall be subject to a fine of no less than $250 nor more than $2,500 to be collected by the director and the fine shall not be suspended. Each violation shall constitute a separate offense. Amounts so collected by the director shall be paid into the general fund.  (b) Criminal. Whoever intentionally resists, prevents, impedes, or interferes with the department or any of its agents or representatives in the performance of duties pursuant to this part, or who in any manner intentionally violates any provision of this chapter, or rule adopted thereunder, shall be fined no more than $2,500, or imprisoned no more than one year, or both.  (c) All criminal actions for violations of this part or any rule issued pursuant thereto, shall be prosecuted by the attorney general or public prosecutor. [L 1985, c 241, pt of §1; am L 2020, c 44, §2]
HI Rev Stat § 378-31 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-31 Definitions.

  §378-31 Definitions. As used in this part:  "Appeal board" means the labor and industrial relations [appeals] board.  "Department" means the department of labor and industrial relations.  "Director" means the director of labor and industrial relations.  "Employee" includes any person suffered or permitted to work.  "Employer" includes any individual, partnership, association, joint-stock company, trust, corporation, the personal representative of the estate of a deceased individual, or the receiver, trustee, or successor of any of the same, employing any persons, but shall not include the State or any political subdivision thereof or the United States.  "Wages" means compensation for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission, or other basis of calculation. It shall include the reasonable cost, as determined by the director under chapter 387, to the employer of furnishing an employee with board, lodging, or other facilities if the board, lodging, or other facilities are customarily furnished by the employer to the employer's employees but shall not include tips or gratuities of any kind. [L 1967, c 22, pt of §1; HRS §378-31; am L 1976, c 200, pt of §1; gen ch 1985] Revision Note  Numeric designations deleted and definitions rearranged pursuant to §23G-15.
HI Rev Stat § 378-33 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-33 Complaint against unlawful suspension, discharge, or discrimination.

  §378-33 Complaint against unlawful suspension, discharge, or discrimination. (a) Any employee aggrieved by an alleged unlawful suspension, discharge, or discrimination may file with the department of labor and industrial relations a complaint in writing, stating the name and address of the employer alleged to have committed the unlawful suspension, discharge, or discrimination, and shall set forth the particulars thereof and other information as may be required by the department.  (b) No complaint shall be filed after the expiration of thirty days after the alleged act of unlawful suspension, discharge, or discrimination, or after the employee learns of the suspension or discharge, except that a complaint for an alleged act of unlawful discharge under section [378-32(a)(2)] occurring while the aggrieved employee is still physically or mentally incapacitated and unable to work also may be filed before the expiration of thirty days after the date the aggrieved employee is able to return to work. [L 1967, c 22, pt of §1; HRS §378-33; am L 1974, c 150, §1; am L 1981, c 10, §2; am L 1984, c 196, §1]
HI Rev Stat § 378-34 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-34 Proceeding and hearing on complaint.

  §378-34 Proceeding and hearing on complaint. (a) After the filing of any complaint, the department of labor and industrial relations shall serve a copy of the complaint upon the employer charged. Service may be by delivery to the employer or by mail. The employer may file an answer to the complaint.  (b) A hearing on the complaint shall be held by the department in conformance with chapter 91. [L 1967, c 22, pt of §1; HRS §378-34]
HI Rev Stat § 378-35 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-35 Findings and order.

  §378-35 Findings and order. If the department of labor and industrial relations finds, after a hearing, that an employer has unlawfully suspended, discharged or discriminated against an employee in violation of section 378-32, the department may order the reinstatement, or reinstatement to the prior position, as the case may be, of the employee with or without backpay or may order the payment of backpay without any such reinstatement. [L 1967, c 22, pt of §2; HRS §378-35; am L 1981, c 10, §3] Case Notes  Appellate court affirmed district court's denial of defendant's motion for summary judgment where defendant, a food distributor, allegedly forced the resignation of plaintiff, a delivery truck driver, due to a shoulder injury; finding that there was no indication that a workplace injury could not serve as the disability in an Americans with Disability Act claim. In other words, just because an injury happened at work does not mean that a plaintiff can only assert a claim under this section or §378-32. 908 F.3d 428 (2018).  Where public policy against terminating employee solely because employee suffered a compensable work injury is evidenced in §378-32 and remedy is available under this section, judicially created claim of wrongful discharge in violation of public policy could not be maintained. 87 H. 57 (App.), 951 P.2d 507 (1998).  Discussed: 945 F. Supp. 2d 1133 (2013).
HI Rev Stat § 378-36 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-36 Judicial review.

  §378-36 Judicial review. Any person aggrieved by the order of the department of labor and industrial relations shall be entitled to judicial review as provided by section 91-14. [L 1967, c 22, pt of §1; HRS §378-36]
HI Rev Stat § 378-37 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-37 Enforcement of order; judgment rendered thereon.

  §378-37 Enforcement of order; judgment rendered thereon. If an employer fails or neglects to comply with the final order of the department of labor and industrial relations from which no appeal has been taken as provided by this part, the department or the employee affected may apply to the circuit court of the judicial circuit in which the employer resides or transacts business for a judgment to enforce the provisions of the final order and for any other appropriate relief. In any proceeding to enforce the provisions of the final order, the department or the employee affected need only file with the court proof that notice of the hearing was given, a certified copy of the final order, and proof that the final order was served. The judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though the judgment had been rendered in an action duly heard and determined by the court. [L 1967, c 22, pt of §1; HRS §378-37; am L 1986, c 21, §1]
HI Rev Stat § 378-38 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-38 Rules and regulations.

  §378-38 Rules and regulations. The director of labor and industrial relations shall adopt rules and regulations as the director deems necessary for the purpose of carrying out this part. [L 1967, c 22, pt of §1; HRS §378-38; gen ch 1985] Cross References  Rulemaking, see chapter 91.