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. A discrimination claim may also succeed when employers in Makawao hire only one specific gender, issues promotions based on gender, or retaliates against persons who seek relief for employer misconduct.

When is Sexual Harassment Prohibited?

Sexual harassment includes any unwanted sexual behavior, whether verbal or physical, directed at the victim. Employers in Makawao might also be liable for the behavior, even when the conduct was done by an employee's co-worker.

If the employer allows conduct to create an overly sexual work environment, they might be held liable for sexual harassment in Hawaii. Without a lawyer, it can be difficult to prove gender discrimination because the details in proving intent are often complicated. Additionally, there can be specific procedures that must be closely followed in pursuing a claim.