Both Hawaii and the federal government have passed laws that prohibiting discrimination on the basis of particular protected characteristics. Employers in the city of Kapaa, 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 particular 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 Kapaa, 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 is shown upon finding a prior history of similar treatment of members of the same class, or upon testimony regarding the employer's statements that a reasonable person would understand to be biased. Furthermore, employers are in clear violation of the law when they fire someone or retaliate against them because they filed a discrimination lawsuit.
Procedures for filing an employment discrimination claim are complicated, because they involve filing the claim with the corresponding agency. Kapaa, Hawaii has many lawyers available to help you in filing in a timely fashion, and they can also help you pursue any remedies that might be available to you while your case is being processed.