Earlier today, the Hawaii State House of Representatives voted 45-4 in favor of passing the Senate’s version of HB 546, which prohibits employment discrimination based on a person’s “gender identity or expression.”  Because the State House did not make any changes to the Senate’s version of the bill, the bill does not need to go through a “conference committee.”  Rather, it can go straight to Governor Neil Abercrombie’s desk for his approval (…or unlikely veto.)

Under this version of the bill, it will be unlawful for an employer to discriminate against an individual in terms or conditions of employment “because  of race, sex, including gender identity or expression, sexual orientation, age religion, color, ancestry, disability, marital status, or arrest and court record.”  The bill also defines “gender identity or expression” as follows:

“Gender identity of expression” includes a person’s actual or perceived gender, as well as a person’s gender identity, gender-related self-image, gender-related appearance, or gender-related expression, regardless of whether that gender identity, gender related self-image, gender-related appearance, or gender-related expression is different from that traditionally associated with the person’s sex at birth.

As the bill is written, discrimination based on “gender identity or expression” will constitute another form of sex discrimination, which is already prohibited by law.

In light of Governor Abercrombie’s political stance on civil unions, it is likely he will sign this bill into law.  If this bill becomes law, Hawaii will join approximately 13 other states that already have policies or laws that prohibit gender identity discrimination in the employment context.

The bill would take legal effect the moment it is signed into law by the Governor.  If the bill becomes law, employers in Hawaii should amend their anti-discrimination policies and handbooks to comply with the new law.

You can read a copy of HB 546 here.