Hawaii’s workplaces have a unique diversity of people of all different races, ethnicities and backgrounds. That doesn’t mean, however, that employees don’t experience discrimination based on one or more characteristics.
Federal law protects most employees and those seeking employment from discrimination based on protected characteristics, including age, race, disability, national origin, religion and sex. States have their own laws that include additional protected characteristics.
A sampling of these protections
Hawaii state law includes a number of protected characteristics that, in part, reflect the history of the state and the diversity of the people who live and work here. For example, since Hawaii is home to many people who serve in the military, the law protects employees who require “absences for service in the National Guard.”
Employees in Hawaii are also protected from discrimination based on a number of other characteristics and factors according to Hawaii’s Equal Employment Opportunity Office, including the following:
- Sexual orientation
- Domestic/sexual violence victim status
- Gender identity and expression
- Marital/civil union status
- Breastfeeding/expressing milk
- Credit history/report
- Wage garnishment for child support
- Reproductive health decisions (including “pregnancy prevention/termination and use of assisted reproductive technology”)
Discrimination based on characteristics protected under federal and/or state law is illegal. That means an employer can’t take negative employment actions against an employee or decline to hire someone because one or more of these characteristics fit them. Even discrimination against someone based on a false belief or misperception that they are a member of a protected class is illegal.
Proving illegal workplace discrimination can be challenging
Of course, most employers aren’t foolish enough to come right out and tell someone that they aren’t being promoted because of their race or not being hired because of their age. That doesn’t mean that some don’t do just that – or that some don’t allow harassment by colleagues or supervisors.
Nonetheless, proving illegal employment discrimination is often challenging. Having experienced legal guidance can help Hawaii residents seek justice and compensation.