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Committee moves bill to codify intersectional discrimination protections
Summary
SB28-71 would prohibit discrimination based on perception or association and codifies the Lam v. University of Hawaii principle recognizing intersectionality; civil-rights groups and AAUW testified in support and the measure passed with technical amendments.
The Senate Judiciary Committee voted to pass SB28-71 with technical amendments to clarify protections against discrimination based on perception or association and to recognize the intersection of two or more protected characteristics. Witnesses representing the Hawaii Civil Rights Commission, AAUW of Hawaii and other advocacy groups described the bill as codifying the federal Lam v. University of Hawaii decision and ensuring that combined characteristics are recognized in enforcement.
Sandy Ma of AAUW of Hawaii said the bill "is not establishing new law but codifying existing law," citing Lam as a seminal decision that recognizes discrimination can be based on intersecting characteristics. The committee accepted the chair’s recommended technical amendments and adopted the measure.
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