HB 2541: Anti-discrimination; Prohibitions; Immigration Status

HOUSE OF REPRESENTATIVES	H.B. NO.	2541
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to discrimination.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that Hawaii prohibits discrimination based on individual characteristics in employment; housing; public accommodations; and access to services that receive state financial assistance, including but not limited to educational programs and activities.

     The legislature recognizes that the discrimination faced by an individual is often multifaceted and is not necessarily founded on a single characteristic or basis.  Per the 2020 U.S. Census, Hawaii is the most diverse state in the nation with immigrants consisting of about twenty per cent of the population.  The legislature further finds that discrimination can be based on a person's immigration status, such as being a naturalized citizen, legal permanent resident, H-1B visa holder, and Deferred Action for Childhood Arrival or DACA recipient.

     The purpose of this Act is to prohibit discrimination based on a person's immigration status.

     SECTION 2.  Section 368-1, Hawaii Revised Statutes, is amended to read as follows:

     "§368-1  Purpose and intent.  (a)  The legislature finds and declares that the practice of discrimination because of race, color, religion, age, sex, including gender identity or expression, sexual orientation, marital status, national origin, place of birth, ancestry, immigration status, or disability in employment, housing, public accommodations, or access to services receiving state financial assistance is against public policy.  [It is the purpose of this chapter to provide a mechanism that provides for a uniform procedure for the enforcement of the State's discrimination laws.  It is the legislature's intent to preserve all existing rights and remedies under such laws.]

     (b)  The verification of immigration status under subsection (a) and any discrimination based upon verified immigration status, where required by federal law, shall not constitute a violation of this section."

     SECTION 3.  Section 378-2, Hawaii Revised Statutes, is amended to read as follows:

     "§378-2  Discriminatory practices made unlawful; offenses defined.  (a)  It shall be an unlawful discriminatory practice:

     (1)  Because of race, sex including gender identity or expression, sexual orientation, age, religion, color, ancestry, disability, marital status, immigration status, arrest and court record, reproductive health decision, or domestic or sexual violence victim status if the domestic or sexual violence victim provides notice to the victim's employer of such status or the employer has actual knowledge of such status:

          (A)  For any employer to refuse to hire or employ or to bar or discharge from employment, or otherwise to discriminate against any individual in compensation or in the terms, conditions, or privileges of employment;

          (B)  For any employment agency to fail or refuse to refer for employment, or to classify or otherwise to discriminate against, any individual;

          (C)  For any employer or employment agency to print, circulate, or cause to be printed or circulated any statement, advertisement, or publication or to use any form of application for employment or to make any inquiry in connection with prospective employment, that expresses, directly or indirectly, any limitation, specification, or discrimination;

          (D)  For any labor organization to exclude or expel from its membership any individual or to discriminate in any way against any of its members, employer, or employees; or

          (E)  For any employer or labor organization to refuse to enter into an apprenticeship agreement as defined in section 372-2; provided that no apprentice shall be younger than sixteen years of age;

     (2)  For any employer, labor organization, or employment agency to discharge, expel, or otherwise discriminate against any individual because the individual has opposed any practice forbidden by this part or has filed a complaint, testified, or assisted in any proceeding respecting the discriminatory practices prohibited under this part;

     (3)  For any person, whether an employer, employee, or not, to aid, abet, incite, compel, or coerce the doing of any of the discriminatory practices forbidden by this part, or to attempt to do so;

     (4)  For any employer to violate the provisions of section 121-43 relating to nonforfeiture for absence by members of the national guard;

     (5)  For any employer to refuse to hire or employ or to bar or discharge from employment any individual because of assignment of income for the purpose of satisfying the individual's child support obligations as provided for under section 571-52;

     (6)  For any employer, labor organization, or employment agency to exclude or otherwise deny equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association;

     (7)  For any employer or labor organization to refuse to hire or employ, bar or discharge from employment, withhold pay from, demote, or penalize a lactating employee because the employee breastfeeds or expresses milk at the workplace.  For purposes of this paragraph, the term "breastfeeds" means the feeding of a child directly from the breast;

     (8)  For any employer to refuse to hire or employ, bar or discharge from employment, or otherwise to discriminate against any individual in compensation or in the terms, conditions, or privileges of employment of any individual because of the individual's credit history or credit report, unless the information in the individual's credit history or credit report directly relates to a bona fide occupational qualification under section 378-3(2); or

     (9)  For any employer to discriminate against any individual employed as a domestic, in compensation or in terms, conditions, or privileges of employment because of the individual's race, sex including gender identity or expression, sexual orientation, age, religion, color, ancestry, disability, marital status, or reproductive health decision.

     (b)  For purposes of subsection (a)(1):

     (1)  An employer may verify that an employee is a victim of domestic or sexual violence by requesting that the employee provide:

          (A)  Certified or exemplified restraining orders, injunctions against harassment, and documents from criminal cases;

          (B)  Documentation from a victim services organization or domestic or sexual violence program, agency, or facility, including a shelter or safe house for victims of domestic or sexual violence; or

          (C)  Documentation from a medical professional, mental health care provider, attorney, advocate, social worker, or member of the clergy from whom the employee or the employee's minor child has sought assistance in relation to the domestic or sexual violence; [and]

     (2)  An employer may verify an employee's status as a domestic or sexual violence victim not more than once every six months following the date the employer:

          (A)  Was provided notice by the employee of the employee's status as a domestic or sexual violence victim;

          (B)  Has actual knowledge of the employee's status as a domestic or sexual violence victim; or

          (C)  Received verification that the employee is a domestic or sexual violence victim;

          provided that where the employee provides verification in the form of a protective order related to the domestic or sexual violence with an expiration date, the employer may not request any further form of verification of the employee's status as a domestic or sexual violence victim until the date of the expiration or any extensions of the protective order, whichever is later[.]; and

     (3)  An employer may verify an employee's immigration status; provided that any discrimination based on verified immigration status, where required by federal law, shall not constitute a violation of this section."

     SECTION 4.  Section 489-3, Hawaii Revised Statutes, is amended to read as follows:

     "§489-3  Discriminatory practices prohibition.  Unfair discriminatory practices that deny, or attempt to deny, a person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation on the basis of race; sex, including gender identity or expression; sexual orientation; color; religion; ancestry; [or] disability, including the use of a service animal[,]; or immigration status, are prohibited."

     SECTION 5.  Section 515-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  It is a discriminatory practice for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesperson, because of race; sex, including gender identity or expression; sexual orientation; color; religion; marital status; familial status; ancestry; disability; age; [or] human immunodeficiency virus infection[:]; or immigration status:

     (1)  To refuse to engage in a real estate transaction with a person;

     (2)  To discriminate against a person in the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection with a real estate transaction;

     (3)  To refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person;

     (4)  To refuse to negotiate for a real estate transaction with a person;

     (5)  To represent to a person that real property is not available for inspection, sale, rental, or lease when in fact it is available; fail to bring a property listing to the person's attention; refuse to permit the person to inspect real property; or steer a person seeking to engage in a real estate transaction;

     (6)  To offer, solicit, accept, use, or retain a listing of real property with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection with a real estate transaction;

     (7)  To solicit or require as a condition of engaging in a real estate transaction that the buyer, renter, or lessee be tested for human immunodeficiency virus infection, the causative agent of acquired immunodeficiency syndrome;

     (8)  To refuse to permit, at the expense of a person with a disability, reasonable modifications to existing premises occupied or to be occupied by the person if modifications may be necessary to afford the person full enjoyment of the premises; provided that a real estate broker or salesperson, where it is reasonable to do so, may condition permission for a modification on the person agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted;

     (9)  To refuse to make reasonable accommodations in rules, policies, practices, or services, when the accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a housing accommodation; provided that if reasonable accommodations include the use of an assistance animal, reasonable restrictions may be imposed; provided further that if the disability is not readily apparent, an owner or other person engaging in a real estate transaction may request information that verifies that the person has a disability, defined as a physical or mental impairment that substantially limits a major life activity.  An owner or other person engaging in a real estate transaction shall not request medical records or access to health care providers, and shall not inquire as to the diagnosis, nature, or severity of the person's disability.  If the disability-related need for an assistance animal is not readily apparent, an owner or other person engaging in a real estate transaction may request verification that the assistance animal is needed to alleviate one or more symptoms of the person's disability.  Verification may be provided by a letter or other communication from the person's treating health care professional, mental health professional, or social worker.  Possession of a vest or other distinguishing animal garment, tag, or registration documents that are commonly purchased online and purporting to identify an animal as a service animal or assistance animal shall not constitute valid verification;

    (10)  In connection with the design and construction of covered multifamily housing accommodations for first occupancy after March 13, 1991, to fail to design and construct housing accommodations in such a manner that:

          (A)  The housing accommodations have at least one accessible entrance, unless it is impractical to do so because of the terrain or unusual characteristics of the site; and

          (B)  With respect to housing accommodations with an accessible building entrance:

              (i)  The public use and common use portions of the housing accommodations are accessible to and usable by persons with disabilities;

             (ii)  Doors allow passage by persons in wheelchairs; and

            (iii)  All premises within covered multifamily housing accommodations contain an accessible route into and through the housing accommodations; light switches, electrical outlets, thermostats, and other environmental controls are in accessible locations; reinforcements in the bathroom walls allow installation of grab bars; and kitchens and bathrooms are accessible by wheelchair; or

    (11)  To discriminate against or deny a person access to or membership or participation in any multiple listing service, real estate broker's organization, or other service, organization, or facility involved either directly or indirectly in real estate transactions, or to discriminate against any person in the terms or conditions of access, membership, or participation[.];

     provided that verification of immigration status and any discrimination based upon verified immigration status where required by federal law shall not constitute a discriminatory practice under this section."

     SECTION 6.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Anti-discrimination; Prohibitions; Immigration Status

 

Description:

Prohibits discrimination based on a person's immigration status.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.