Legislative Scoop: Key Employment Law Updates from Hawaii, Idaho, and West Virginia

Each month, GovDocs’ Employment Law and Compliance Team provides the scoop on key bills making their way through the legislative process. Below are three bills that are making their way through various state legislatures regarding immigration and discrimination. 

Hawaii HB 1878 and Expanded Discrimination Protections

The first piece of legislation we will look at is Hawaii’s HB 1878. This is a discrimination bill that would prevent employers from discriminating against an individual due to any protected characteristic or characteristics they possess or are perceived to possess. The state describes the need for this law, based off a Ninth Circuit Court case Lam v. University of Hawaii and California’s passage of similar provisions in 2024, because “unlawful discriminatory practices may include ‘any combination’ of protected characteristics or traits—not just a single one.” So, they are attempting to be more in line with another state bordering the Pacific Ocean that is also known for its progressive interpretation of civil rights. If enacted, HB 1878 will take effect on that same day.   

Idaho SB 1247 and E-Verify Requirements

The next stop on this month’s Legislative Scoop is Idaho, which currently has SB 1247 sitting with the Secretary of State’s office. This bill would replace a previously repealed chapter in the Idaho Code to require public agencies and private employers with more than 150 employees and have a contract for more than $100,000 with the state to enroll in the E-Verify program. If passed, the bill would take effect on or after Jan. 1, 2027. 

West Virginia HB 4198 and Mandatory E-Verify Participation

The state that will take us home in this month’s Legislative Scoop is West Virginia, which is also getting close to passing its own E-Verify law. The bill, HB 4198, is the strictest E-Verify law discussed so far, as it requires all employers to participate in the federal government’s E-Verify program. Whenever an employer in West Virginia hires an employee, their status must be confirmed. If the status of the new hire cannot be confirmed, then the employer must let go of the employee and cannot hire them in the future under any capacity.