Hawaii Employment Discrimination Law

Hawaii employment discrimination law is located in the following sections of the Hawaii Revised Statutes.

• Sec. 387-4 Wage discrimination based on race, religion or race prohibited.

Discriminatory Practices

• Sec. 378- Equal pay not based on a person’s sex.
• Sec. 378-1 Definitions under the Fair Employment Practices Act.
• Sec. 378-2 Discriminatory practices made unlawful; offenses defined.
• Sec. 378-3 Exceptions to unlawful employment practices.
• Sec. 378-10 Breastfeeding.

Use of Lie Detectors in Employment

• Sec. 378-26 Definitions with respect to use of lie detectors on employees and prospective employees.
• Sec. 378-26.5 Unlawful practices.
• Sec. 378-27 Exceptions to the use of lie detectors in employment.

Unlawful Suspension or Discharge

• Sec. 378-31 Definitions.
• Sec. 378-32 Unlawful suspension, discharge, or discrimination.
• Sec. 378-33 Complaint against unlawful suspension, discharge, or discrimination.

Whistler Blower’s Protection Act

• Sec. 378-61 Definitions.
• Sec. 378-62 Discharge of, threats to, or discrimination against employee for reporting violations of law.
• Sec. 378-68 Notices of employee protections and obligations.

State Employees - Discrimination

• Sec. 76-44. Unlawful discrimination in civil services based on race, sex, age, religion, color, ancestry, marital status, or political grounds.
• Sec. 78-2. No person shall be discriminated against in any case because of any physical or mental handicap.

Wage Discrimination

Sec. 387-4 Wage discrimination prohibited.

No employer shall discriminate in any way in the payment of wages as between persons of different races or religions or as between the sexes; provided that nothing herein shall prohibit a variation of rates of pay for employees engaged in the same classification of work based upon a difference in seniority, length of service, substantial difference in duties or services performed, difference in the shift or time of day worked, or hours of work; and provided that an employer who is paying a wage rate differential in violation of this section shall not, in order to comply with this section, reduce the wage rate of any employee.

PART I. DISCRIMINATORY PRACTICES

Sec. 378- Equal pay.

No employer shall discriminate between employees because of sex, by paying wages to employees in an establishment at a rate less than the rate at which the employer pays wages to employees of the opposite sex in the establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions; provided that a difference in wage rates based on:

1. A seniority system;
2. A merit system;
3. A system that measures earnings by quantity or quality of production;
4. A bona fide occupational qualification; or
5. Any other permissible factor other than sex shall not constitute discrimination because of sex.

Sec. 378-1 Definitions.

As used herein:

• "Arrest and court record" includes any information about an individual having been questioned, apprehended, taken into custody or detention, held for investigation, charged with an offense, served a summons, arrested with or without a warrant, tried, or convicted pursuant to any law enforcement or military authority.
• "Because of sex" shall include, but is not limited to, because of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall 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.
• "Being regarded as having such an impairment" includes but is not limited to employer consideration of an individual's genetic information, including genetic information of any family member of an individual, or the individual's refusal to submit to a genetic test as a condition of initial or continued employment.
• "Commission" means the civil rights commission.
• "Disability" means the state of having a physical or mental impairment which substantially limits one or more major life activities, having a record of such an impairment, or being regarded as having such an impairment.
• "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 shall not include the United States.
• "Employment" means any service performed by an individual for another person under any contract of hire, express or implied, oral or written, whether lawfully or unlawfully entered into. Employment does not include services by an individual employed as a domestic in the home of any person.
• "Employment agency" means any person engaged in the business of providing employment information, procuring employment for applicants, or providing employees for placement with employers upon request.
• "Family member" means, with respect to a certain individual, another individual related by blood to that individual.

• "Gender identity or 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.  (Effective May 2, 2011)

• "Genetic information" means information about genes, gene products, hereditary susceptibility to disease, or inherited characteristics that may derive from the individual or family member.
• "Genetic test" means a laboratory test which is generally accepted in the scientific and medical communities for the determination of the presence or absence of genetic information.
• "Labor organization" means any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection.
• "Marital status" means the state of being married or being single.
• "Person" means one or more individuals, and includes, but is not limited to, partnerships, associations, or corporations, legal representatives, trustees, trustees in bankruptcy, receivers, or the State or any of its political subdivisions.
• "Sexual orientation" means having a preference for heterosexuality, homosexuality, or bisexuality, having a history of any one or more of these preferences, or being identified with any one or more of these preferences. "Sexual orientation" shall not be construed to protect conduct otherwise proscribed by law.

Sec. 378-2.5 Employer inquiries into conviction record.

(a) Subject to subsection (b), an employer may inquire about and consider an individual's criminal conviction record concerning hiring, termination, or the terms, conditions, or privileges of employment; provided that the conviction record bears a rational relationship to the duties and responsibilities of the position.

(b) Inquiry into and consideration of conviction records for prospective employees shall take place only after the prospective employee has received a conditional offer of employment which may be withdrawn if the prospective employee has a conviction record that bears a rational relationship to the duties and responsibilities of the position.

(c) For purposes of this section, "conviction" means an adjudication by a court of competent jurisdiction that the defendant committed a crime, not including final judgments required to be confidential pursuant to section 571-84; provided that the period for which the employer may examine the employee's conviction record shall not exceed ten years.  (Effective May 2, 2011)

Sec. 378-3 Exceptions.

Nothing in this part shall be deemed to:

(1) Repeal or affect any law, ordinance, or government rule having the force and effect of law;

(2) Prohibit or prevent the establishment and maintenance of bona fide occupational qualifications reasonably necessary to the normal operation of a particular business or enterprise, and that have a substantial relationship to the functions and responsibilities of prospective or continued employment;

(3) Prohibit or prevent an employer, employment agency, or labor organization from refusing to hire, refer, or discharge any individual for reasons relating to the ability of the individual to perform the work in question;

(4) Affect the operation of the terms or conditions of any bona fide retirement, pension, employee benefit, or insurance plan that is not intended to evade the purpose of this chapter; provided that this exception shall not be construed to permit any employee plan to set a maximum age requirement for hiring or a mandatory retirement age;

(5) Prohibit or prevent any religious or denominational institution or organization, or any organization operated for charitable or educational purposes, that is operated, supervised, or controlled by or in connection with a religious organization, from giving preference to individuals of the same religion or denomination or from making a selection calculated to promote the religious principles for which the organization is established or maintained;

(6) Conflict with or affect the application of security regulations or rules in employment established by the United States or the State;

(7) Require the employer to execute unreasonable structural changes or expensive equipment alterations to accommodate the employment of a person with a disability;

(8) Prohibit or prevent the department of education or private schools from considering criminal convictions in determining whether a prospective employee is suited to working in close proximity to children;

(9) Prohibit or prevent any financial institution in which deposits are insured by a federal agency having jurisdiction over the financial institution from denying employment to or discharging from employment any person who has been convicted of any criminal offense involving dishonesty or a breach of trust, unless it has the prior written consent of the federal agency having jurisdiction over the financial institution to hire or retain the person;

(10) Preclude any employee from bringing a civil action for sexual harassment or sexual assault and infliction of emotional distress or invasion of privacy related thereto; provided that notwithstanding section 368-12, the commission shall issue a right to sue on a complaint filed with the commission if it determines that a civil action alleging similar facts has been filed in circuit court; or

(11) Require the employer to accommodate the needs of a nondisabled person associated with or related to a person with a disability in any way not required by Title I of the Americans with Disabilities Act.

Sec. 378-4 Enforcement jurisdiction.

The commission shall have jurisdiction over the subject of discriminatory practices made unlawful by this part. Any individual claiming to be aggrieved by an alleged unlawful discriminatory practice may file with the commission a complaint in accordance with the procedure established under chapter 368.

Sec. 378-5 Remedies.

(a) The commission may order appropriate affirmative action, including, but not limited to, hiring, reinstatement, or upgrading of employees, with or without backpay, restoration to membership in any respondent labor organization, or other remedies as provided under chapter 368, which in the judgment of the commission, will effectuate the purpose of this part, including a requirement for reporting on the manner of compliance.

(b) In any civil action brought under this part, if the court finds that a respondent has engaged in or is engaging in any unlawful discriminatory practice as defined in this part, the court may enjoin the respondent from engaging in such unlawful discriminatory practice and order such affirmative action as may be appropriate, which may include, but is not limited to, reinstatement, hiring, or upgrading of employees, with or without backpay, or restoration of membership in any respondent labor organization, or any other equitable relief the court deems appropriate. Backpay liability shall not accrue from a date more than two years prior to the filing of the complaint with the commission.

(c) In any action brought under this part, the court, in addition to any judgment awarded to the plaintiff or plaintiffs, shall allow costs of action, including costs of fees of any nature and reasonable attorney's fees, to be paid by the defendant.

Sec. 378-6 Inspection; investigation; records.

(a) In connection with an investigation of a complaint filed under this part, or whenever it appears to the commission that an unlawful discriminatory practice may have been or is being committed, the commission's authorized representative shall have access to the premises of the parties or persons reasonably connected thereto, records, documents, and other material relevant to the complaint and shall have the right to examine, photograph, and copy that material, and may question employees and make investigation to determine whether any person has violated this part or any rule issued hereunder or which may aid in the enforcement of this part.

(b) Every employer, employment agency, and labor organization shall:

(1) Make and keep records relevant to this part, and

(2) Make such reports therefrom, as the commission shall prescribe by rule or order.

Sec. 378-10 Breastfeeding.

No employer shall prohibit an employee from expressing breastmilk during any meal period or other break period required by law to be provided by the employer or required by collective bargaining agreement.

PART II. LIE DETECTOR TESTS

Sec. 378-26 Definitions.

As used in this part:

• "Department" means the department of labor and industrial relations.
• "Director" means the director of labor and industrial relations.
• "Employee" means any individual in the employment of an employer.
• "Employer" includes any individual, partnership, association, corporation, business trust, legal representative, receiver, trustee, or successor of any of the same, or any organized group of persons, acting directly or indirectly in the interest of any employer in relation to an employee.
• "Lie detector test" means a test to detect deception or to verify the truth of statements through the use of any psychophysiological measuring device, such as, but not limited to, polygraph tests and voice stress analyzers.
• "Person" means one or more individuals, and includes, but is not limited to, a partnership, association, or corporation, legal representative, trustee, trustee in bankruptcy, receiver, or the State or any of its political subdivisions.
• "Prospective employee" means any individual who has applied for or otherwise actively expressed interest in employment with an employer.

Sec. 378-26.5 Unlawful practices.

It shall be unlawful for any employer to:

(1) Require a prospective employee or employee to submit to a lie detector test as a condition of employment or continued employment;

(2) Terminate or otherwise discriminate against any employee or prospective employee for refusing to submit to a lie detector test;

(3) Ask an employee or prospective employee whether the employee or prospective employee is willing to submit to a lie detector test unless the employee or prospective employee is informed orally and in writing that the test is voluntary and the refusal to submit to the test will not result in termination of the employee or will not jeopardize the prospective employee's chance of a job;

(4) Subject a prospective employee to a lie detector test which includes inquiries deemed unlawful under section 378-2;

(5) Utilize any device that intrudes into any part or cavity of the body for the purpose of truth verification; or

(6) Discharge or otherwise discriminate against any employee or prospective employee because such person has filed a complaint, testified, or assisted in any proceeding respecting the unlawful practices prohibited under this part.

Sec. 378-27 Exception.

Nothing in this part shall be deemed to:

(1) Repeal or affect any law or ordinance or government rule or regulation having the force and effect of law;

(2) Apply to lie detector tests administered by any law enforcement agency;

(3) Apply to the United States and any subdivision thereof;

(4) Conflict with or affect the application of security regulations in employment established by the United States or the State; or

(5) Apply to psychological tests administered by a law enforcement agency to determine the suitability of a candidate for employment with the law enforcement agency.

Sec. 378-27.5 Enforcement jurisdiction; complaint against unlawful practice.

(a) The department shall have jurisdiction over practices made unlawful by this part. Any prospective employee or employee claiming to be aggrieved by an unlawful practice may file with the department a verified complaint in writing which shall state the name and address of the prospective employer or employer alleged to have committed the unlawful practice complained of and which shall set forth the particulars thereof and contain such other information as may be required by the department. The attorney general, or the department upon its own initiative, in like manner, may make and file such a complaint.

(b) A complaint may be filed on behalf of a class by the attorney general or the department, and a complaint so filed may be investigated, conciliated, and litigated on a class action basis.

(c) No complaint shall be filed after the expiration of thirty days after the date upon which the alleged unlawful practice occurred or is discovered to have occurred, whichever is later.

Sec. 378-28 Power of department to prevent unlawful practice.

(a) After the filing of any complaint, or whenever it appears to the department that an unlawful practice may have been committed, the department shall conduct an investigation in connection therewith. At any time after the filing of a complaint, but prior to the issuance of a determination as to whether there is or is not cause to believe that this part has been violated, the parties may agree to resolve the complaint through a settlement.

(b) If the department determines after such investigation that there is cause to believe that this part has been violated, the department shall demand that the respondent cease such unlawful practice. In addition to the penalty specified in section 378-29.3 the department may order appropriate affirmative action, including, but not limited to, hiring, reinstatement, or upgrading of employees, with or without backpay, as, in the judgment of the department, will effectuate the purpose of this part.

(c) The department may commence a civil action in circuit court seeking appropriate relief. In a civil action brought pursuant to this subsection:

(1) The director may join various complainants in one cause of action;

(2) The director shall not be required to pay the filing fee or other costs or fees of any nature or to file a bond or other security of any nature in connection with such action or with proceedings supplementary thereto, or as a condition precedent to the availability to the director of any process in aid of such action or proceedings;

(3) In no event shall any action be brought more than three years after the complaint was filed with the department.

(d) In any action brought pursuant to this part, if the court finds that a respondent has engaged in or is engaging in an unlawful practice as defined in this part, the court may enjoin the respondent from engaging in such unlawful practice and order such affirmative action as may be appropriate, including, but not limited to fines, reinstatement, hiring, or upgrading of employees and prospective employees, with or without backpay, or any other equitable relief as the court deems appropriate.

(e) In any action brought pursuant to this part, if any judgment obtained by the director against the respondent remains unsatisfied for a period of thirty days after such judgment is entered, the director may request the circuit court to compel the respondent to comply with the judgment, including, but not limited to, an order directing the respondent to cease doing business until the respondent has complied with the judgment.

(f) Whenever it appears to the director that an employer is engaged in any act or practice which constitutes or may constitute, now or later, a violation of this part, or any related rule, the director may bring an action in the circuit court of the circuit in which it is charged that the act or practice complained of occurred or is about to occur to enjoin the act or practice and to enforce compliance with this part or with the rule, and upon a proper showing, a permanent or temporary injunction or decree or restraining order shall be granted without bond.

(g) In any action brought under this part, the court may in addition to any judgment awarded to the plaintiff or plaintiffs, allow costs of action, and reasonable attorney's fees, to be paid by the defendant.

Sec. 378-28.5 Investigation; oaths; affidavits; subpoena; witnesses; immunities.

(a) In connection with an investigation of a complaint filed under this part, or whenever it appears to the department that an unlawful practice may have been or is being committed, the director or an authorized representative shall have access to the premises of the parties or persons reasonably connected thereto, records, documents, and other material relevant to the complaint and shall have the right to examine, photograph, and copy such material, and may question such employees and make such investigation to determine whether any person has violated this part or any rule or regulation issued under this part or which may aid in the enforcement of this part.

(b) The director or an authorized representative may administer oaths and may issue subpoenas or subpoena duces tecum to compel the attendance and testimony of witnesses or the production of books, payrolls, records, correspondence, documents, or any other material relating to any matter under investigation.

(c) If a person fails to comply with a subpoena issued under this section, any circuit court, upon application of the director or the director's authorized representative, may issue an order requiring compliance.

Sec. 378-29.3 Penalties.

(a) Civil. Any employer found in violation of this part shall be subject to a fine of not less than $100 nor more than $1,000 to be collected by the director and such fine shall not be suspended. Each violation shall constitute a separate offense. Amounts so collected by the director shall be paid into the general fund.

(b) Criminal. Whoever intentionally resists, prevents, impedes, or interferes with the department or any of its agents or representatives in the performance of duties pursuant to this part, or who in any manner intentionally violates the law, shall be fined not more than $1,000, or imprisoned not more than one year, or both.

(c) All criminal actions for violations of this part or any rule issued pursuant thereto, shall be prosecuted by the attorney general or public prosecutor. L 1985, c 241, pt of Sec. 1

PART III. UNLAWFUL SUSPENSION OR DISCHARGE

Sec. 378-31 Definitions. As used in this part:

• "Appeal board" means the labor and industrial relations appeal board.
• "Department" means the department of labor and industrial relations.
• "Director" means the director of labor and industrial relations.
• "Employee" includes any person suffered or permitted to work.
• "Employer" includes any individual, partnership, association, joint-stock company, trust, corporation, the personal representative of the estate of a deceased individual, or the receiver, trustee, or successor of any of the same, employing any persons, but shall not include the State or any political subdivision thereof or the United States.
• "Wages" means compensation for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission, or other basis of calculation. It shall include the reasonable cost, as determined by the director under chapter 387, to the employer of furnishing an employee with board, lodging, or other facilities if the board, lodging, or other facilities are customarily furnished by the employer to the employer's employees but shall not include tips or gratuities of any kind.

Sec. 378-32 Unlawful suspension, discharge, or discrimination.

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; or

(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; or

(3) Because the employee testified or was subpoenaed to testify in a proceeding under this part.

Sec. 378-33 Complaint against unlawful suspension, discharge, or discrimination.

(a) Any employee aggrieved by an alleged unlawful suspension, discharge, or discrimination may file with the department of labor and industrial relations a complaint in writing, stating the name and address of the employer alleged to have committed the unlawful suspension, discharge, or discrimination, and shall set forth the particulars thereof and other information as may be required by the department.

(b) No complaint shall be filed after the expiration of thirty days after the alleged act of unlawful suspension, discharge, or discrimination, or after the employee learns of the suspension or discharge, except that a complaint for an alleged act of unlawful discharge under section 378-32(2) occurring while the aggrieved employee is still physically or mentally incapacitated and unable to work also may be filed before the expiration of thirty days after the date the aggrieved employee is able to return to work.

Sec. 378-34 Proceeding and hearing on complaint.

(a) After the filing of any complaint, the department of labor and industrial relations shall serve a copy of the complaint upon the employer charged. Service may be by delivery to the employer or by mail. The employer may file an answer to the complaint.

(b) A hearing on the complaint shall be held by the department in conformance with chapter 91.

Sec. 378-35 Findings and order.

If the department of labor and industrial relations finds, after a hearing, that an employer has unlawfully suspended, discharged or discriminated against an employee in violation of section 378-32, the department may order the reinstatement, or reinstatement to the prior position, as the case may be, of the employee with or without backpay or may order the payment of backpay without any such reinstatement.

Sec. 378-36 Judicial review.

Any person aggrieved by the order of the department of labor and industrial relations shall be entitled to judicial review as provided by section 91-14.

Sec. 378-37 Enforcement of order; judgment rendered thereon.

If an employer fails or neglects to comply with the final order of the department of labor and industrial relations from which no appeal has been taken as provided by this part, the department or the employee affected may apply to the circuit court of the judicial circuit in which the employer resides or transacts business for a judgment to enforce the provisions of the final order and for any other appropriate relief. In any proceeding to enforce the provisions of the final order, the department or the employee affected need only file with the court proof that notice of the hearing was given, a certified copy of the final order, and proof that the final order was served. The judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though the judgment had been rendered in an action duly heard and determined by the court.

Sec. 378-38 Rules and regulations.

The director of labor and industrial relations shall adopt rules and regulations as the director deems necessary for the purpose of carrying out this part.

WHISTLEBLOWERS' PROTECTION ACT

Sec. 378-61 Definitions.

As used in this part:

• "Employee" means a person who performs a service for wages or other remuneration under a contract for hire, written or oral, express or implied. Employee includes a person employed by the State or a political subdivision of the State.
• "Employer" means a person who has one or more employees. Employer includes an agent of an employer or of the State or a political subdivision of the State.
• "Person" means an individual, sole proprietorship, partnership, corporation, association, or any other legal entity.
• "Public body" means:

(1) A state officer, employee, agency, department, division, bureau, board, commission, committee, council, authority, or other body in the executive branch of state government;

(2) An agency, board, commission, committee, council, member, or employee of the legislative branch of the state government;

(3) A county, city, intercounty, intercity, or regional governing body, a council, special district, or municipal corporation, or a board, department, commission, committee, council, agency, or any member or employee thereof;

(4) Any other body which is created by state or local authority or which is primarily funded by or through state or local authority, or any member or employee of that body;

(5) A law enforcement agency or any member or employee of a law enforcement agency; or

(6) The judiciary and any member or employee of the judiciary.

Sec. 378-62 Discharge of, threats to, or discrimination against employee for reporting violations of law.

An employer shall not discharge, threaten, or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment because:

(1) The employee, or a person acting on behalf of the employee, reports or is about to report to a public body, verbally or in writing, a violation or a suspected violation of a law or rule adopted pursuant to law of this State, a political subdivision of this State, or the United States, unless the employee knows that the report is false; or

(2) An employee is requested by a public body to participate in an investigation, hearing, or inquiry held by that public body, or a court action.

Sec. 378-63 Civil actions for injunctive relief or damages.

(a) A person who alleges a violation of this part may bring a civil action for appropriate injunctive relief, or actual damages, or both within ninety days after the occurrence of the alleged violation of this part.

(b) An action commenced pursuant to subsection (a) may be brought in the circuit court for the circuit where the alleged violation occurred, where the complainant resides, or where the person against whom the civil complaint is filed resides or has a principal place of business.

(c) As used in subsection (a), "damages" means damages for injury or loss caused by each violation of this part, including reasonable attorney fees.

Sec. 378-64 Remedies ordered by court.

A court, in rendering a judgment in an action brought pursuant to this part, shall order, as the court considers appropriate, reinstatement of the employee, payment of back wages, full reinstatement of fringe benefits and seniority rights, actual damages, or any combination of these remedies. A court may also award the complainant all or a portion of the costs of litigation, including reasonable attorney's fees and witness fees, if the court determines that the award is appropriate.

Sec. 378-65 Penalties for violations.

(a) A person who violates this part shall be fined not more than $500 for each violation.

(b) A civil fine which is ordered pursuant to this part shall be deposited with the director of finance to the credit of the general fund of the State.

Sec. 378-66 Collective bargaining and confidentiality rights, takes precedence.

(a) This part shall not be construed to diminish or impair the rights of a person under any collective bargaining agreement, nor to permit disclosures which would diminish or impair the rights of any person to the continued protection of confidentiality of communications where statute or common law provides such protection.

(b) Where a collective bargaining agreement provides an employee rights and remedies superior to the rights and remedies provided herein, contractual rights shall supersede and take precedence over the rights, remedies, and procedures provided in this part. Where a collective bargaining agreement provides inferior rights and remedies to those provided in this part, the provisions of this part shall supersede and take precedence over the rights, remedies, and procedures provided in collective bargaining agreements.

Sec. 378-67 Compensation for employee participation in investigation, hearing, or inquiry.

This part shall not be construed to require an employer to compensate an employee for participation in an investigation, hearing, or inquiry held by a public body in accordance with section 378-62 of this part.

Sec. 378-68 Notices of employee protections and obligations.

An employer shall post notices and use other appropriate means to keep the employer's employees informed of their protections and obligations under this part.

Sec. 378-69 Conflict with common law, precedence.

The rights created herein shall not be construed to limit the development of the common law nor to preempt the common law rights and remedies on the subject matter of discharges which are contrary to public policy. In the event of a conflict between the terms and provisions of this part and any other law on the subject the more beneficial provisions favoring the employee shall prevail.

Sec. 368-17. Remedies.

(a) The remedies ordered by the commission or the court under this chapter may include compensatory and punitive damages and legal and equitable relief, including, but not limited to:

(1) Hiring, reinstatement, or upgrading of employees with or without back pay;

(2) Admission or restoration of individuals to labor organization membership, admission to or participation in a guidance program, apprenticeship training program, on-the-job training program, or other occupational training or retraining program, with the utilization of objective criteria in the admission of persons to those programs;

(3) Admission of persons to a public accommodation or an educational institution;

(4) Sale, exchange, lease, rental, assignment, or sublease of real property to a person;

(5) Extension to all persons of the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of the respondent;

(6) Reporting as to the manner of compliance;

(7) Requiring the posting of notices in a conspicuous place that the commission may publish or cause to be published setting forth requirements for compliance with civil rights law or other relevant information that the commission determines necessary to explain those laws;

(8) Payment to the complainant of damages for an injury or loss caused by a violation of chapters 489, 515, part I of chapter 378, or this chapter, including a reasonable attorney's fee;

(9) Payment to the complainant of all or a portion of the costs of maintaining the action before the commission, including reasonable attorney's fees and expert witness fees, when the commission determines that award to be appropriate; and

(10) Other relief the commission or the court deems appropriate.

(b) Section 386-5 notwithstanding, a workers' compensation claim or remedy does not bar relief on complaints filed with the commission.

State employees - discrimination

Sec. 76-44.

No person holding any position in the civil service shall be suspended, demoted, or dismissed from the person's position on racial, sex, age, religious, color, ancestry, marital status, or political grounds.

Sec. 78-2.

No person shall be discriminated against in any case because of any physical or mental handicap, in examination, appointment, reinstatement, reemployment, promotion, transfer, demotion, or removal, with respect to any position the duties of which, in the opinion of the director, may be efficiently performed by a person with a physical or mental handicap; provided that the employment will not be hazardous to the person appointed or endanger the health or safety of the person's fellow employees or others.

To promote employment opportunities for the severely handicapped individuals, all departments or agencies of the state and county governments shall develop and implement programs for the selective employment of the severely handicapped individuals. Such programs shall provide for the certification by the state vocational rehabilitation office that the severely handicapped individual possesses the skills necessary to safely perform the duties of the position to which the individual will be placed.