The Hawaii Fair Employment Practices Act prohibits employment discrimination based on race, sex (including gender identity or expression; pregnancy, childbirth, or related medical conditions), sexual orientation, age, religion, color, ancestry, disability (including association or relationship with an individual with a disability), marital status, National Guard obligation, genetic test results, arrest and court records, domestic or sexual violence victim status, or credit history or report (HI Rev. Stat. Sec. 378-1 et seq.). The Act also prohibits employers from using lie detector tests.
The Act applies to all public and private employers regardless of size, employment agencies, and labor unions.
Like the federal law under Title VII of the Civil Rights Act of 1964, state law prohibits a covered employer from making any decision regarding hiring, discharge, advancement, compensation, or any other condition of employment based on one of the protected characteristics.
Employers are also prohibited from retaliating against an individual who opposes unlawful discrimination, files a discrimination complaint, testifies, or assists in any proceeding under the Act. Aiding, abetting, compelling, or coercing a discriminatory act is also prohibited.
Ancestry is defined to include national origin and means an individual's or an ancestor's place of origin, or the physical, cultural, or linguistic characteristics of an ethnic group. The state Civil Rights Commission defines ancestry broadly and will closely examine charges of discrimination related to ancestry based on:
• Marriage to or association with persons of an ancestral group
• Membership in or association with an organization identified with an ancestral ...