Employment Law for Hawaii Workers
Discrimination, sexual harassment, retaliation, and unpaid wages — representation for employees in Honolulu and throughout the State of Hawaii.
Two Systems, Not One
Hawaii employment claims do not all travel the same route, and the first practical question in most cases is which route a particular claim takes. Getting that wrong costs time that these claims generally do not have.
Claims of discrimination, harassment, and retaliation under part I of HRS chapter 378 go to an agency first. HRS §368-11(a) gives the Hawaii Civil Rights Commission jurisdiction over the discriminatory practices made unlawful by part I of chapter 489, chapter 515, part I of chapter 378, and chapter 368 itself. In its own words, the HCRC enforces state laws prohibiting discrimination in employment, housing, public accommodations, and state programs and state-funded services.
Other employment claims do not. A claim under Hawaii’s Whistleblowers’ Protection Act is brought as a civil action under HRS §378-63. A claim for unpaid wages under HRS chapter 388 may be maintained in court under HRS §388-11(a), or presented to the Department of Labor and Industrial Relations. Those statutes carry their own separate deadlines, described on the pages linked above.
The Deadline Changed in 2026
HRS §368-11(c) sets the period for filing a complaint with the HCRC. Act 56 (2026) amended it, replacing one hundred eighty days with one year after the date on which the alleged unlawful discriminatory practice occurred, or of the last occurrence in a pattern of ongoing discriminatory practice. The HCRC states that Governor Green signed the Act on May 28, 2026, that the extension applies prospectively, and that it applies to claims that had not yet expired on that date.
Two cautions follow from that. On the Commission’s stated position, a claim that had already run out under the previous one-hundred-eighty-day period is not brought back to life by the change; the text of the act itself does not address revival, so confirm it with an attorney if your dates are close to that line. And the federal deadline is a different deadline: the EEOC states that a charge must generally be filed within 180 calendar days of the discrimination, extended to 300 calendar days where a state or local agency enforces a law prohibiting employment discrimination on the same basis. Which of those periods applies to a specific claim depends on the basis alleged and on where it is filed.
Treat every date on this page as a reason to ask sooner rather than as time in hand. If something has happened at work, confirm your actual deadline with an attorney or with the agency immediately — it varies by claim type and by filing venue, and it is the one part of an employment claim that cannot be repaired afterwards.
Hawaii Reaches Employers Federal Law May Not
HRS §378-1 defines “employer” as any person, including the State or any of its political subdivisions and any agent of such person, having one or more employees, but not including the United States. That definition is why a Hawaii claim can exist where a federal one does not, and it matters in a state where a large share of people work for small businesses.
The same section defines several terms that decide cases on their own. “Because of sex” is defined to include, but not be limited to, because of pregnancy, childbirth, or related medical conditions. “Disability” means the state of having a physical or mental impairment which substantially limits one or more major life activities, having a record of such an impairment, or being regarded as having such an impairment.
From the Commission to a Court
A chapter 378 complaint does not stop at the agency. HRS §368-12 provides that the commission may issue a notice of right to sue on the complainant’s written request, and that within ninety days after receipt of that notice the complainant may bring a civil action. The investigation and reasonable-cause steps that come first are set out in HRS §368-13 and described in more detail on the employment discrimination page, along with the remedies available under HRS §368-17 and HRS §378-5.
One limit is worth knowing at the outset, because it rewards asking early rather than late: HRS §378-5(b) provides that back pay liability shall not accrue from a date more than two years prior to the filing of the complaint with the commission.
Frequently Asked Questions
How long do I have to file an employment discrimination complaint in Hawaii?
HRS section 368-11(c), as amended by Act 56 (2026), provides that no complaint shall be filed with the Hawaii Civil Rights Commission after the expiration of one year after the date upon which the alleged unlawful discriminatory practice occurred, or of the last occurrence in a pattern of ongoing discriminatory practice. The HCRC states that Governor Green signed Act 56 on May 28, 2026, that the extension applies prospectively, and that it applies to claims that had not yet expired on that date. On the Commission's stated position, a complaint that had already expired under the previous one-hundred-eighty-day period is not revived by the change. The text of the act itself does not address revival, so if your dates are close to that line, confirm it with an attorney rather than relying on this page. Federal deadlines at the EEOC are separate and shorter, and other kinds of employment claims have their own periods, so the deadline that governs your situation should be confirmed with an attorney immediately rather than assumed from this page.
Is the deadline to file with the EEOC the same as the Hawaii deadline?
No. The EEOC states that in general a charge must be filed within 180 calendar days from the day the discrimination took place, and that the 180-day deadline is extended to 300 calendar days if a state or local agency enforces a law prohibiting employment discrimination on the same basis. The HCRC enforces Hawaii's employment discrimination law and has a workshare agreement with the EEOC, so charges filed with one agency are typically dual-filed with the other where the protected category is covered by both. Because the extension depends on the specific basis being covered by both state and federal law, the shorter period can still apply. Confirm your federal deadline with the EEOC or an attorney immediately.
Do I have to go to an agency before I can sue my employer in Hawaii?
For claims under part I of HRS chapter 378, the process runs through the Hawaii Civil Rights Commission first. HRS section 368-11(a) gives the commission jurisdiction over those practices, and HRS section 368-12 provides that the commission may issue a notice of right to sue upon written request of the complainant, and that within ninety days after receipt of that notice the complainant may bring a civil action. Under HRS section 368-13, if the executive director finds no reasonable cause, the notice to the complainant also indicates that a civil action may be brought. Not every employment claim works this way: a claim under Hawaii's Whistleblowers' Protection Act and a claim for unpaid wages under HRS chapter 388 are filed in court rather than routed through the commission.
Does Hawaii's discrimination law apply to small employers?
HRS section 378-1 defines employer as any person, including the State or any of its political subdivisions and any agent of such person, having one or more employees, but does not include the United States. Hawaii's definition therefore reaches employers of a size that federal employment discrimination statutes may not, which is one reason a claim can exist under state law when a federal agency declines it. Whether a particular employer is covered still depends on the specific claim, so it is worth confirming rather than assuming.
Which Hawaii employment claims do not go through the Civil Rights Commission?
Two of the four covered in this section. A claim under Hawaii's Whistleblowers' Protection Act is brought as a civil action: HRS section 378-63(a) provides that a person who alleges a violation of that part may bring a civil action for appropriate injunctive relief, or actual damages, or both, within two years after the occurrence of the alleged violation, and HRS section 378-63(b) sets out which circuit court it may be brought in. A claim for unpaid wages is likewise not filed with the commission: HRS section 388-11(a) provides that an action by an employee to recover unpaid wages may be maintained in any court of competent jurisdiction. Because these statutes carry their own deadlines, separate from the Civil Rights Commission filing period, the deadline that governs a particular set of facts should be confirmed with an attorney immediately.
Asking Is Not Filing
Many people wait because they are not sure anything unlawful happened, or because they are still employed and would rather not start something. Those are reasonable instincts. They also run directly into fixed deadlines, which is the practical reason to find out where you stand before deciding what, if anything, to do.
If you would like to understand which statute fits your situation and what its deadline is, you can speak with my Honolulu office and ask.
Related guide
General information, not legal advice
This page describes Hawaii law in general terms for educational purposes. It is not legal advice, it does not account for the facts of any particular case, and reading it does not create an attorney-client relationship. Statutes and the way courts apply them change over time. For advice about your own situation, consult a licensed Hawaii attorney.
Free Consultation
If something has happened at your job in the State of Hawaii, I offer a free consultation so that you may make an informed decision about your options and the deadlines that apply to them.
Contact the Law Office of Don Huynh