REFERENCES
City & County of Honolulu laws, rules, and policies. (Additional references applicable to City employees are available on the City’s intranet.)
Revised Charter of Honolulu – Section 6-1102 Statement of Policy
Revised Ordinances of Honolulu – Section 1-11 Non Discrimination Policy
Revised Ordinances of Honolulu – Section 1-17 Sexual Harassment Policy for City Officer or Employee
Rules of the Director – 2-8 Equal Employment Opportunity
For applicable Federal and State laws and regulations, see ‘Statutes Summary Table’ below.
Statutes Summary Table
| Statute | Coverage |
|---|---|
| Title VI of the Civil Rights Act of 1964, as amended | Prohibits discrimination based on race, color, or national origin, in any program, service, or activity that receives Federal assistance. Specifically, Title VI provides that: “No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, denied the benefit of, or be otherwise subjected to discrimination under any program or activity receiving Federal assistance.” The Civil Rights Restoration Act of 1987 broadened the scope of Title VI coverage by expanding the definition of “programs or activities” to include all of the programs or activities of Federal assistance recipients, sub-recipients, and contractors, whether or not the programs and activities receive Federal assistance. |
| Title VII of the Civil Rights Act of 1964, as amended | Prohibits employment discrimination based on race, color, religion, sex, or national origin; and retaliation against a person who files a charge of discrimination, participates in an investigation, or opposes an unlawful employment practice. |
| Section 504 of the Rehabilitation Act of 1973, as amended | Prohibits discrimination on the basis of disability and requires recipients of Federal assistance to take positive steps -- such as providing accessibility and reasonable accommodations -- to ensure equal opportunity for persons with disabilities in their programs and activities. |
| Americans with Disabilities Act of 1990 (ADA), as amended | The ADA prohibits discrimination on the basis of disability and requires covered entities to ensure equal opportunity for qualified individuals with disabilities, such as providing accessibility and reasonable accommodation. The ADA also prohibits making inquiries about the existence, nature, or severity of a job applicant’s or employee’s disability and requiring medical examinations of job applicants before a conditional offer of employment has been made. Title I of the ADA covers employment-related provisions. Title II of the ADA applies to state and local government services, facilities, and operation of programs. |
| Age Discrimination in Employment Act of 1975 (ADEA) | Prohibits discrimination in employment based on age (over 40). |
| Civil Rights Act of 1991 | Amends Title VII of the Civil Rights Act of 1964, Section 1981 of the Civil Rights Act of 1866, Title I of the ADA, and the ADEA; and provides victims of intentional discrimination under Title VII and the ADA with remedies of compensatory and punitive damages. |
| Genetic Information Nondiscrimination Act of 2008 (GINA) | Prohibits genetic information discrimination in employment; harassment of an individual because of genetic information; retaliation against a job applicant or employee for filing a charge of discrimination/participating in discrimination/opposing discrimination; and limits the disclosure of genetic information. |
| Executive Order 13166 --Limited English Proficiency (LEP) | Recipients, sub-recipients, and contractors accepting Federal assistance are required to take reasonable steps to ensure that Limited English Proficient (LEP) persons have meaningful access to the programs, services, and information provided to persons whose primary language is not English and who have limited ability to read, write, speak, or understand English. |
| Hawaii’s Language Access Law, HRS § 371.31 to 371.37 | Requires State agencies and entities that receive State funding (e.g., grants, purchase-of-service contracts) for the purpose of providing services on behalf of the State to: 1. Establish a plan for language access; and 2. Take reasonable steps to ensure meaningful access to services, programs, and activities to LEP persons. |
| Executive Order 12250 | Coordinates grant-related civil rights statutes that prohibit discriminatory practices on the basis of race, color, national origin, sex, disability, or religion in programs and activities receiving Federal financial assistance. |
| Executive Order 12898 | Addresses disproportionate adverse environmental, social, and economic impact on communities, especially minority and low-income populations. |
| Hawaii Revised Statutes, §378 | Prohibits employers from discriminating against individuals based on race, sex, gender identity or expression, sexual orientation, age, religion, color, ancestry/national origin, disability, marital status, civil union status, arrest and court record (except in limited circumstances), domestic or sexual violence status, or National Guard participation. |