Bill Text: HI HB1010 | 2018 | Regular Session | Introduced
Bill Title: Relating To Employment.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-01-17 - Re-referred to LAB, HHS, JUD, referral sheet 1 [HB1010 Detail]
Download: Hawaii-2018-HB1010-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1010 |
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TWENTY-NINTH LEGISLATURE, 2017 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EMPLOYMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 378-32, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) It shall be unlawful for any employer to suspend, discharge, or discriminate against any of the employer's employees:
(1) Solely because the employer was summoned as a garnishee in a cause where the employee is the debtor or because the employee has filed a petition in proceedings for a wage earner plan under chapter XIII of the Bankruptcy Act;
(2) Solely because the employee has suffered a work injury which arose out of and in the course of the employee's employment with the employer and which is compensable under chapter 386 unless the employee is no longer capable of performing the employee's work as a result of the work injury and the employer has no other available work which the employee is capable of performing. Any employee who is discharged because of the work injury shall be given first preference of reemployment by the employer in any position which the employee is capable of performing and which becomes available after the discharge and during the period thereafter until the employee secures new employment. This paragraph shall not apply to any employer in whose employment there are less than three employees at the time of the work injury or who is a party to a collective bargaining agreement which prevents the continued employment or reemployment of the injured employee;
(3) Because the employee testified or was subpoenaed
to testify in a proceeding under this part; [or]
(4) Because an employee tested positive for the
presence of drugs, alcohol, or the metabolites of drugs in a substance abuse
on-site screening test conducted in accordance with section 329B-5.5; provided
that this provision shall not apply to an employee who fails or refuses to
report to a laboratory for a substance abuse test pursuant to section 329B-5.5[.];
or
(5) If the suspension, discharge, or discrimination is based on either:
(A) The employee's status as a registered qualifying patient; or
(B) An employee's positive drug test for marijuana components or metabolites if the employee is a registered qualifying patient, unless the employee used, possessed, or was impaired by marijuana on the premises of the place of employment or during the hours of employment,
unless the failure to suspend, discharge, or discriminate against the employee would violate federal law or regulations or cause the employer to lose a monetary or licensing-related benefit under federal law or regulations. As used in this paragraph, "registered qualifying patient" means a person who has been diagnosed by a physician as having a debilitating medical condition and is registered with the department of health pursuant to section 329-123."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Employment; Discriminatory Practice; Medical Marijuana
Description:
Makes it unlawful for any employer to suspend, discharge, or discriminate against any of the employer's employees based on the individual's status as a registered qualifying patient under the Medical Use of Marijuana Law or an employee's positive drug test for marijuana components or metabolites if the employee is a registered qualifying patient under certain conditions.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
