Best Discrimination Lawyers in Hawaii

About Discrimination Law in Hawaii, United States

Discrimination laws in Hawaii are designed to protect individuals from unfair treatment based on characteristics such as race, color, national origin, ancestry, religion, sex, gender identity, sexual orientation, age, disability, marital status, or domestic or sexual violence victim status. These protections apply in areas including employment, housing, and access to public accommodations. Hawaii extends robust protections that sometimes go beyond those provided by federal law. The purpose of these laws is to ensure equal rights and opportunities for all residents of Hawaii.

Why You May Need a Lawyer

Discrimination can be subtle or overt, and its effects can be deeply damaging. You may need a lawyer if you believe you have been treated unfairly or harassed due to protected characteristics, whether at your job, when applying for housing, while accessing services, or in other settings. Legal assistance is particularly important when:

• You have been wrongfully terminated, demoted, denied a promotion, or harassed at work due to discriminatory reasons.
• You face retaliation after raising concerns about discrimination or filing a complaint.
• You struggle to access housing, services, or facilities that should be available to the public.
• You need help gathering evidence, understanding your legal rights, or navigating the complaint process.
• You require advocacy in mediation, settlement, or court proceedings.

Local Laws Overview

Hawaii has stringent anti-discrimination statutes, notably under Chapter 368 and Chapter 378 of the Hawaii Revised Statutes. The Hawaii Civil Rights Commission (HCRC) has authority to investigate and enforce these laws. Important aspects include:

• Employment: Employers are prohibited from discriminating in hiring, firing, compensation, and workplace practices.
• Housing: Landlords cannot refuse rent, sell, or set different terms due to a person's protected class.
• Public Accommodations: Businesses and services open to the public may not deny access based on protected characteristics.
• Extended Protections: Hawaii law covers additional categories like gender identity or domestic violence victim status, not always protected under federal laws.
• Remedies: Victims of discrimination may seek reinstatement, damages, or policy changes, among other remedies.

Hawaii also has specific deadlines - often 180 days from the discriminatory act - for filing a complaint with the HCRC, so timely action is crucial.

Frequently Asked Questions

What is discrimination under Hawaii law?

Discrimination occurs when someone is treated differently or unfairly based on protected characteristics, such as race, sex, disability, or other categories named in state law.

Which characteristics are protected from discrimination in Hawaii?

Protected characteristics include race, color, national origin, ancestry, religion, sex, gender identity, sexual orientation, age, disability, marital status, and status as a victim of domestic or sexual violence.

What should I do if I think I have experienced discrimination?

Document what happened, save any relevant evidence, and consider contacting the Hawaii Civil Rights Commission or an attorney to discuss your options.

Can I file a discrimination complaint anonymously?

Generally, complaints must be filed with your name, but the process maintains confidentiality and prohibits retaliation against complainants.

What deadlines should I be aware of?

You typically have 180 days from the date of the alleged discriminatory act to file a complaint with the HCRC.

Do state laws protect me if federal law does not?

Yes. Hawaii law protects additional categories and sometimes offers broader protections than federal laws.

Who investigates discrimination complaints in Hawaii?

The Hawaii Civil Rights Commission is the primary agency investigating and enforcing anti-discrimination laws in most cases.

Can I be punished for making a discrimination complaint?

Retaliation against someone for making a complaint or participating in an investigation is illegal under Hawaii law.

What remedies are available if discrimination is proven?

Possible remedies include reinstatement to your job or housing, back pay, policy changes, damages for emotional distress, and attorney fees.

Do I need a lawyer to file a complaint?

You do not need a lawyer to file a complaint, but legal counsel can help you safeguard your rights, prepare your case, and advocate for your best interests.

Additional Resources

If you need more information or want to start the process of addressing discrimination, these Hawaii-based resources may be helpful:

• Hawaii Civil Rights Commission (HCRC): Investigates and enforces anti-discrimination laws
• Legal Aid Society of Hawaii: Provides free or low-cost legal services, including for discrimination cases
• State of Hawaii Department of Labor and Industrial Relations
• U.S. Equal Employment Opportunity Commission (EEOC) for federal protections
• Hawaii State Bar Association Lawyer Referral Service

Next Steps

If you believe you have experienced discrimination, consider the following:

• Gather and organize any documents, communications, or witness information that may support your claim.
• Contact the Hawaii Civil Rights Commission to learn about the complaint process and deadlines.
• Consult with a lawyer experienced in discrimination law for guidance specific to your situation.
• Keep careful records of all incidents and your communications regarding the issue.
• Act quickly to preserve your rights, as waiting too long may affect your ability to seek a remedy.

Taking swift and informed action strengthens your chance of a favorable resolution and helps protect your rights under Hawaii's strong anti-discrimination laws.