['Discrimination']
['Pregnancy Discrimination']
06/10/2024
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Summary of differences between federal and state regulations
Employer defined
“Employer” means any person, including the state or any of its political subdivisions and any agent of such person, having one or more employees, but does not include the United States.
Unlawful employment practices
The Hawaii statutes include pregnancy discrimination in the definition of sex discrimination. The state does not include provisions as extensive as those under the federal Pregnancy Discrimination Act. The Hawaii statute simply states that women affected by pregnancy, childbirth, or related medical conditions must be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other individuals not so affected but similar in their ability or inability to work. The regulations of the Equal Employment Opportunity Commission also apply.
The state does provide that employers can not prohibit an employee from expressing breastmilk during any meal period or other break period required by law or required by collective bargaining agreement.
State
Contact
Hawaii Civil Rights Commission
Regulations
Haw. Rev. Stat., Ch. 378, Part I, Discriminatory Practices
Haw. Code R.,Title 12, Chapter 46, Subchapter 4, §§106 - 108
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
29 CFR Parts 1604.10, Employment policies relating to pregnancy and childbirth.
Appendix A to Part 1604, Questions and Answers on the Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.