The Hawaii Civil Rights Commission ("HCRC") will be holding a hearing on Friday, June 15, 2007, from 3 to 7:00 p.m., at 830 Punchbowl Street, Rm. 310, to solicit public testimony regarding proposed new administrative rules on employer liability for sex and ancestry harassment by supervisors. The notice of hearing and proposed rules can be found at this link: http://hawaii.gov/labor/hcrc/proposed_rules.shtml

HEC encourages you to testify in support of the proposed rule amendments. At the September 2006 hearing on HEC's petition, a substantial number of plaintiff's attorneys testified in person against the rule amendments, arguing that strict liability was necessary to protect employees from injury. It is anticipated that they will again testify against these new proposed rules, and it is therefore important that employers voice their support for the elimination of strict liability.

Click here for more regarding the proposed new administrative rules, where to send your testimony, and a 'list of bullet points' for your letter. Please contact HEC's General Counsel, Clayton Kamida, at 440-8874 or ckamida@hecouncil.org if you have any questions.

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.