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Job discrimination occurs when an employee or job applicant is treated unfairly or unequally based on characteristics such as race, gender, religion, age, disability, sexual orientation, or other protected categories. In Hawaii, both state and federal laws prohibit many forms of discrimination in employment. This includes everything from hiring, firing, promotions, pay, job assignments, training, and other terms and conditions of employment. Hawaii is known for its strong commitment to equal opportunity, offering protection beyond what is found in federal law.
You may need a lawyer if you believe you have been discriminated against or retaliated against in your workplace for reasons related to race, color, ancestry, sex (including gender identity or expression), sexual orientation, age, religion, disability, marital status, arrest and court record, or domestic or sexual violence victim status. A lawyer can help you to:
Because employment discrimination cases can involve complex legal processes, strict deadlines, and challenging employer defenses, legal guidance is often crucial.
In Hawaii, job discrimination laws are covered by several key statutes and regulations, some of which are broader than federal law:
Employers in Hawaii with one or more employees are usually covered under these laws. Both job applicants and existing employees are protected. If you believe you have been discriminated against, it is best to act quickly and seek guidance, as strict time limits for filing claims apply.
Hawaii law makes it illegal for employers to discriminate based on race, color, ancestry, national origin, sex (including gender identity and expression), sexual orientation, age, religion, disability, marital status, arrest and court record, or as a victim of domestic or sexual violence.
You should file a complaint as soon as possible. In Hawaii, you generally have 180 days from the date of the alleged discrimination to file with the Hawaii Civil Rights Commission.
Retaliation for reporting discrimination is also illegal. You can file a retaliation complaint with the HCRC or seek legal assistance to protect your rights.
Yes, Hawaii explicitly prohibits discrimination based on sexual orientation and gender identity or expression in employment.
Yes, protections apply to both applicants and current or former employees. Discrimination at any stage of employment is unlawful.
Yes, most Hawaii discrimination laws cover employers with just one or more employees.
The HCRC may investigate your complaint, attempt conciliation, and if necessary, hold a hearing or issue a decision. The process is confidential and does not require you to hire a lawyer, although legal assistance is helpful.
Remedies may include reinstatement, back pay, compensation for pain and suffering, policy changes, and sometimes attorney fees or costs.
Yes, if harassment is based on a protected category such as race or sex, it can be considered a form of illegal job discrimination.
Often, your complaint can be filed with both the Equal Employment Opportunity Commission (EEOC) and the Hawaii Civil Rights Commission. Agencies may coordinate investigations to avoid duplication.
If you need more information or assistance, the following resources can help:
If you believe you have experienced job discrimination in Hawaii, consider these steps:
Legal advice is invaluable to protect your rights, guide you through the process, and help you achieve the best outcome possible. If you are unsure of your next move, a confidential consultation with a qualified lawyer is the safest path forward.
