The Hawaii Fair Employment Practice Law expressly prohibits employers from discriminating in compensation based on sex for equal work on jobs in the same establishment 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 based on genetic information, race, sex (including gender identity or expression), 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.).
Effective January 1, 2019, no employer or employment agency may:
• Inquire ...