The Civil Rights Act of 1963 and the Equal Pay Act prohibit employers in Hawaii against discriminating on the basis of gender. Consequently employers cannot use sex or gender as a basis for determinations regarding wages, hiring policies, or promotion policies. They also must ensure that working environments are not hostile or biased towards a certain 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 paid different wages. A discrimination claim may also succeed when employers in Lahaina hire only one particular gender, issues promotions based on gender, or retaliates against persons who seek relief for employer misconduct.

When is Sexual Harassment Prohibited?

Sexual harassment encompasses all unwanted sexual behavior, whether verbal or physical, directed at the victim. A Lahaina employer can be held liable for the unwelcome conduct, even if it was an employee's co-worker who engaged in the sexual harassment.

A Hawaii employer can also be liable for harassment if they allow conduct to lead to an environment that is overly sexual. Gender discrimination is typically difficult to prove without a lawyer because the specifics of proving intent can be complicated. There are also detailed procedures that must be followed when pursuing a claim.