Employment Discrimination in Honolulu and Across Hawaii

Hawaii prohibits discrimination in employment on a longer list of grounds than federal law does, and applies that prohibition to smaller employers. Both facts matter, because they mean a claim can exist under Hawaii law in situations where a federal one does not.

This page sets out what HRS chapter 378, part I says, what the Hawaii Civil Rights Commission says it enforces, and what the deadlines are. It asks nothing of you today.

The Protected Bases in Hawaii

The Hawaii Civil Rights Commission publishes its own list of the bases on which you have the right not to be unlawfully discriminated against in employment under HRS chapter 378, part I:

• Race
• Sex, including gender identity or gender expression
• Sexual orientation
• Pregnancy and pregnancy-related medical conditions
• Age
• Religion
• Color
• Ancestry
• Disability
• Domestic violence or sexual violence victim status
• Marital status
• Arrest and court record
• Reproductive health decisions
• Breastfeeding
• Credit history
• National Guard participation
• Retaliation

Several of those categories are unusual. Arrest and court record is defined in HRS §378-1 to include information about an individual having been questioned, apprehended, taken into custody or detention, held for investigation, charged with an offense, served a summons, arrested with or without a warrant, tried, or convicted. Credit history and breastfeeding appear in the statute as their own paragraphs. None of these has a federal counterpart in the general employment discrimination statutes.

What the Statute Prohibits

HRS §378-2(a)(1)(A) makes it an unlawful discriminatory practice, because of a protected basis, for any employer “to refuse to hire or employ or to bar or discharge from employment, or otherwise to discriminate against any individual in compensation or in the terms, conditions, or privileges of employment.”

The rest of the subsection reaches further than the moment of hiring or firing. It applies to an employment agency that fails or refuses to refer for employment, or otherwise discriminates; to any employer or employment agency that prints or circulates a statement, advertisement, or publication, or uses an application form, or makes an inquiry in connection with prospective employment, that expresses directly or indirectly any limitation, specification, or discrimination; to a labor organization that excludes or expels a member; and to a refusal to enter into an apprenticeship agreement.

Separate paragraphs of §378-2(a) address:

• Denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom that person is known to have a relationship or association (paragraph (6));
• Refusing to hire, barring or discharging, withholding pay from, demoting, or penalizing a lactating employee because the employee breastfeeds or expresses milk at the workplace (paragraph (7));
• Discriminating because of an individual’s credit history or credit report, unless that information directly relates to a bona fide occupational qualification under §378-3(2) (paragraph (8));
• Refusing to hire or discharging an individual because of an assignment of income to satisfy child support obligations under §571-52 (paragraph (5)); and
• Violations of §121-43, on nonforfeiture for absence by members of the National Guard (paragraph (4)).

Definitions That Decide Cases

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 single phrase — one or more employees — is why Hawaii’s law reaches employers that federal employment discrimination statutes may not.

The same section provides that “because of sex” includes, but is not limited to, because of pregnancy, childbirth, or related medical conditions, and that women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes as other individuals not so affected but similar in their ability or inability to work. “Disability” means 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.

Where the basis is domestic or sexual violence victim status, §378-2(a)(1) applies if the victim provides notice to the employer of that status or the employer has actual knowledge of it, and §378-2(b) allows an employer to ask for verification.

The Deadline, and Why It Changed

HRS §368-11(c) sets the period for filing a complaint with the Hawaii Civil Rights Commission. Act 56 (2026) amended that subsection, striking one hundred eighty days and substituting 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 Act 56 on May 28, 2026, that the extension applies prospectively, and that it applies to claims that had not yet expired on the date of enactment. On that stated position, a claim that had already run out under the previous period is not revived by the amendment. The text of the act itself does not address revival, so confirm it with an attorney if your dates are close to that line.

The federal deadline is separate and shorter. 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 that prohibits employment discrimination on the same basis. Because that extension turns on the particular basis being covered by both state and federal law, it does not apply uniformly.

Nothing on this page should be read as telling you how much time you have. Employment deadlines are short and depend on the claim and the venue. Confirm the specific deadline that applies to you with an attorney immediately.

The Agency Step, and the Right to Sue

HRS §368-11(a) gives the commission jurisdiction over the discriminatory practices made unlawful by part I of chapter 378, among others. After a complaint is filed, §368-13(b) requires the executive director to determine whether there is reasonable cause within one hundred eighty days of filing, unless the commission grants an extension. Where the determination is no reasonable cause, §368-13(c) requires prompt written notice, and that notice tells the complainant a civil action may be brought.

HRS §368-12 provides that the commission may issue a notice of right to sue upon the complainant’s written request, and that within ninety days after receipt of that notice the complainant may bring a civil action. The commission’s own description adds that a complainant may ask to withdraw the case in order to seek a right to sue in circuit court, which ends the administrative process. The HCRC also states that it has a workshare agreement with the EEOC and that charges are typically dual-filed where the protected category is covered at both levels.

Frequently Asked Questions

Related Pages

Harassment because of sex is treated as a form of discrimination under chapter 378 and is addressed separately on the page about workplace sexual harassment in Hawaii. Being punished for opposing discrimination or taking part in an investigation is covered on the page about retaliation and wrongful termination.

If You Are Not Sure

Most people do not arrive at this question with a legal vocabulary. They arrive with a sequence of events and a sense that something was wrong about it. Working out whether the law agrees is a short conversation, and having it does not commit you to filing anything.

If you would like to know whether what happened falls under HRS chapter 378, or simply what your deadline is, you can speak with my Honolulu office and ask.