The Hawaii Civil Rights Commission has agreed on revising its rules on the strict liability for supervisory harassment. Current rules purport to hold Hawaii employers strictly liable for any sex and ancestry harassment committed by supervisors, even though aggrieved employees do not avail themselves of company complaint procedures or protections. In 2006, HEC had petitioned the Commission to bring its rules in line with the liability standards established by federal law. Although the proposed rule change is not strictly consistent with federal guidelines, it does provide for an affirmative defense for employers who take reasonable preventive and corrective measures regarding harassing behavior. The proposed amendment will go to the Governor’s office for review, with a published notice of hearing, a public hearing and decision-making to follow. Draft Proposed Rule.
HCRC Agrees to Amend Harassment Rules
The Hawaii Civil Rights Commission has agreed on revising its rules on the strict liability for supervisory harassment. Current rules purport to hold Hawaii employers strictly liable for any sex and ancestry harassment committed by supervisors, even though aggrieved employees do not avail themselves of company complaint procedures or protections. In 2006, HEC had petitioned the Commission to bring its rules in line with the liability standards established by federal law. Although the proposed rule change is not strictly consistent with federal guidelines, it does provide for an affirmative defense for employers who take reasonable preventive and corrective measures regarding harassing behavior. The proposed amendment will go to the Governor’s office for review, with a published notice of hearing, a public hearing and decision-making to follow. Draft Proposed Rule.
