The Hawaii Fair Employment Practice Law expressly prohibits employers from discriminating in compensation on the basis of sex for equal work on jobs that require equal skill, effort, and responsibility, and that are performed under similar working conditions (HI Rev. Stat. Sec. 378-2.3 ). Payment differentials are not unlawful if they are based on one of the following factors:
• A seniority system,
• A merit system,
• A system that measures earnings by quantity or quality of production,
• A bona fide occupational qualification, or
• Any other permissible factor other than sex.
The Law also prohibits pay discrimination on the basis of genetic information, race, sex, sexual orientation, age, religion, color, ancestry, disability, marital status, National Guard obligation, arrest and court record, domestic or sexual violence victim status, or credit history or report (HI Rev. Stat. Sec. 378-1 et seq.).
Under the Lilly Ledbetter Fair Pay Act of 2009, the federal fair employment laws were amended so that each paycheck ...