The Hawaii Civil Rights Commission (HCRC) has published a list of Frequently Asked Questions in response to Hawaii’s recently amended law on pay transparency. The FAQs include such information as:
Who has to post hourly compensation rate or salary range in job listings/advertisements? Employers with 50 or more employees; the law does not specify whether the 50 or more employees must be based in Hawaii or must be full-time.
Who is now protected under Hawaii’s Equal Pay Act (EPA)? Protected categories include race, sex (including gender identity/expression), sexual orientation, age, religion, color, ancestry, disability, marital status, arrest and court record, reproductive health decision, or domestic or sexual violence victim status.
What is prohibited under Hawaii’s EPA? An employer is prohibited from paying wages at a rate less than the rate paid to other employees on the basis of a protected category for “substantially similar work,” which refers to jobs that require equal skill, effort and responsibility, and are performed under similar working conditions.
What types of differences in pay do not violate Hawaii’s EPA? Differences in pay due to seniority system, a merit system, a system that measures earnings by quantity or quality of productions, a bona fide occupational qualification, or other legitimate, non-discriminatory reason that is not based on a protected category listed in HRS 378-2(a)(1).