Best Sexual Harassment Lawyers in Hawaii

About Sexual Harassment Law in Hawaii, United States

Sexual harassment is a form of discrimination that is prohibited under both federal and Hawaii state law. It can involve unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that creates an intimidating, hostile, or offensive environment. In Hawaii, these laws are enforced in workplaces, educational institutions, housing, and public accommodations. Sexual harassment impacts people of all genders and can occur between persons of any relationship or status. The state of Hawaii, like the rest of the United States, takes these matters seriously and offers legal avenues for those who have been affected.

Why You May Need a Lawyer

Navigating sexual harassment cases can be complex and emotionally challenging. A lawyer experienced in this field can help you understand your rights, evaluate your case, and represent you through investigations or court proceedings. Legal help is often necessary when:

• You fear retaliation after making a complaint
• Your employer or school fails to respond appropriately to your report
• You are unsure what behaviors qualify as harassment under Hawaii law
• You experience ongoing harassment despite reporting it
• You are interested in pursuing compensation or other remedies
• You face pressure to resign, transfer, or otherwise change your environment due to harassment
• You were unfairly disciplined or terminated after reporting harassment

Having legal representation can ensure your voice is heard, your rights are protected, and your complaint is taken seriously.

Local Laws Overview

Hawaii's primary law addressing sexual harassment is the Hawaii Revised Statutes (HRS) Chapter 378, which makes it illegal to discriminate because of sex, including sexual harassment, in employment. The Hawaii Civil Rights Commission (HCRC) enforces these laws and offers an avenue for complaints. Key aspects include:

• Hawaii law protects both men and women from sexual harassment.
• Harassment can be by anyone in the workplace-not just supervisors, but also coworkers, clients, or customers.
• It is illegal for an employer to retaliate against anyone who complains about sexual harassment or participates in an investigation.
• Sexual harassment in education is covered under Title IX and Hawaii Department of Education policies.
• Victims typically have 180 days from the date of the incident to file a complaint with the HCRC.
• Employers of all sizes in Hawaii must comply with anti-harassment laws.
• Both "quid pro quo" and "hostile work environment" harassment are recognized grounds for legal action.

Understanding how these laws apply in specific situations is often challenging, underscoring the value of seeking experienced legal advice.

Frequently Asked Questions

What qualifies as sexual harassment under Hawaii law?

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that affects a person's employment, interferes with work performance, or creates a hostile, intimidating, or offensive environment.

Can sexual harassment occur outside the workplace?

Yes. While many cases arise at work, sexual harassment laws also apply in schools, housing, and public places. Protections are also provided in educational settings under Title IX.

What should I do if I experience sexual harassment?

Document the incidents, including dates, times, witnesses, and descriptions. Report the behavior to your employer, human resources, or appropriate authorities as soon as possible.

How do I file a sexual harassment complaint in Hawaii?

You can file a complaint with your employer or directly with the Hawaii Civil Rights Commission. In educational settings, complaints can be made to school administration or the Title IX coordinator.

Is there a time limit for filing a complaint?

Yes. Generally, complaints must be filed within 180 days of the last incident of harassment. Some exceptions or extensions may apply in particular cases.

Can I be fired or penalized for reporting sexual harassment?

No. Both Hawaii and federal laws make it unlawful for employers or institutions to retaliate against someone for filing a complaint or participating in an investigation.

What remedies are available if my sexual harassment claim is successful?

Remedies may include reinstatement, back pay, compensatory damages, policy changes, punitive damages, or corrective actions to stop further harassment.

Does Hawaii require employers to have a sexual harassment policy?

While it is not strictly required by law, it is strongly recommended. Many employers are encouraged or mandated by federal guidelines to maintain written policies and provide training.

Do I need a lawyer to file a complaint?

No, but having legal counsel can greatly improve your understanding of your rights, help structure your complaint, and represent you in legal proceedings or negotiations.

What if the harassment was by a customer or third party?

Employers in Hawaii are responsible for addressing harassment by anyone in the work environment, including customers or vendors. They must take prompt action to protect employees.

Additional Resources

• Hawaii Civil Rights Commission (HCRC): Handles discrimination and harassment complaints in Hawaii
• U.S. Equal Employment Opportunity Commission (EEOC): Enforces federal laws against workplace harassment
• Hawaii State Bar Association: Offers lawyer referral services
• Sex Abuse Treatment Center, Hawaii: Provides advocacy and resources for survivors
• Legal Aid Society of Hawaii: Offers free or low-cost legal advice for qualifying individuals
• Hawaii Department of Education Title IX Office: Assists with complaints in schools and educational institutions

Next Steps

If you believe you have experienced sexual harassment in Hawaii, you should:

• Document every incident in detail, saving all communications and evidence.
• Report the behavior internally through your employer, school, or housing provider's procedures.
• Consider contacting the Hawaii Civil Rights Commission or an attorney for further guidance.
• If you are unsure of your rights or how to proceed, consult a lawyer experienced in sexual harassment cases. They can offer confidential advice, evaluate your case, and help you decide on the best course of action.
• Take care of your emotional well-being. Support services and advocacy groups are available throughout Hawaii to assist victims and survivors.

Remember, you are protected by law and have options available to you. Seeking advice early can help ensure your rights are preserved and that you have the support needed to address any issues you are facing.