Suit challenges
government
hiring policy

At issue is a law that requires
residency for state and county jobs

A law requiring job seekers to be residents at the time of applying for most state or county jobs is preventing Hawaii from growing its economy, a new federal lawsuit contends.

"By continuing to enforce this antiquated and discriminatory law, the Aloha State has undercut and belied its efforts to emerge as a vibrant leader in the global economy," said Lois Perrin, legal director for the American Civil Liberties Union of Hawaii.

The ACLU and Honolulu attorneys Anne L. Williams and Michael K. Livingston filed the lawsuit in U.S. District Court on behalf of Kevin R. Walsh, a Florida man who says he was turned away from three city jobs because he was not living in Hawaii when he applied.

City spokesman Mark Matsunaga said Friday that officials had not yet seen the lawsuit and he could not comment. Bridget Holthus, special assistant to Attorney General Mark Bennett, said the state office also had not seen the lawsuit, which was filed Thursday.

The policy, which is displayed on various government Web pages that advertise public sector jobs, states "applications will only be accepted from individuals who are residents or former residents of the state of Hawaii."

Walsh's lawsuit contends the requirement is unconstitutional and penalizes nonresidents.

The lawsuit seeks to overturn both the state law and the county's hiring policy, which is based on the statute. It also seeks monetary relief, determined by the court, for Walsh and other nonresidents whose applications were rejected based solely on their residency status.

Perrin said the ACLU was looking for other nonresidents in Walsh's situation, but said she did not know how many people might have been affected.

"The actual number of individuals from out of state who have applied does not accurately account for the potentially hundreds of people who were deterred from applying in the first place," she said.