The Civil Rights Act of 1963 and the Equal Pay Act prohibit employers in Hawaii from discriminating on the basis of gender. Consequently employers cannot use sex or gender as a basis for determinations regarding wages, hiring procedures, or promotion policies. They also must ensure that working environments are not hostile or biased towards a particular gender, and that it is not of an overtly sexual atmosphere.
What Must be Proven in a Discrimination Claim?
Under the Equal Pay Act, discrimination is proven when both men and women do the same type of work in the same job and yet are given different wages. Also, a claim may prevail if an employer in Kahului hires only one gender, promotes workers because of their gender, or retaliates against those seeking relief for this misconduct.
When is Sexual Harassment Prohibited?
Physical or verbal acts of a sexual nature that are unwelcome to the victim are considered to be sexual harassment. Employers in Kahului might be held liable for the sexual harassment, even when it was a co-worker who actually engaged in the conduct.
Hawaii employers can also be held liable for sexual harassment if it allows conduct that leads to an overly sexual work environment. It can be difficult to prove gender discrimination without first obtaining a lawyer, since specifics such as proving intent can often be complicated. There might also be procedures that must be followed in detail when one pursues a claim.