Both Hawaii and the federal government have passed laws that prohibiting discrimination on the basis of certain protected characteristics. Employers in the city of Honolulu, whether public or private, can be held liable under federal and state laws depending on the type of trait first prompted the discrimination.
How Does Employment Discrimination Occur?
An employer will be deemed guilty of employment discrimination if they treat an employee unfairly because they belong to a category that is legally protected. Employers are prohibited from using certain traits to evaluate you such as national origin, religion, race, age, familial status, or gender. In order for a claim of employment discrimination to be successful, a Honolulu, Hawaii plaintiff must show that his (or her) employer actively intended to treat him differently because of his protected status.
How can Employment Discrimination be Proven in Hawaii?
This can be proved when there is a history of the employer treating members of the class similarly, or if witnesses testify about the employer's statements which would constitute bias as understood by a reasonable person. Furthermore, employers who fire someone or retaliate against them for bringing a discrimination lawsuit are clearly in violation of the law.
The procedure for pursuing an employment discrimination claim is complicated, since it involves filing a claim with specific agencies. A Honolulu, Hawaii lawyer can help you file in a timely manner, and while your case is pending, they can help you in pursuing any available remedies.