People usually reach a page like this some time after the fact, and often while still working in the same place. This page is written to answer questions, not to move you toward a decision.
It sets out how Hawaii defines workplace sexual harassment, when an employer is answerable for it, and what the filing period is. Nothing here asks anything of you.
Where the Definition Comes From
In Hawaii the operative definition is an administrative rule rather than a statute. Hawaii Administrative Rules §12-46-109 was adopted by the Hawaii Civil Rights Commission under the authority of HRS §§368-3 and 378-8, and implements HRS §§368-3 and 378-2. Its opening line states that harassment on the basis of sex is a violation of chapter 378, HRS.
Subsection (a) then defines the conduct. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or visual forms of harassment of a sexual nature constitute sexual harassment when:
- Submission to that conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
- Submission to or rejection of that conduct by an individual is used as the basis for employment decisions affecting that individual; or
- That conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
Two things follow from the wording. The rule covers verbal and visual conduct, not only physical conduct. And the third category asks about the effect of the conduct, not only about what was intended by it.
How the Commission Evaluates It
HAR §12-46-109(b) provides that in determining whether alleged conduct constitutes sexual harassment, the commission will look at the record as a whole and at the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred, and that the determination of the legality of a particular action will be made from the facts, on a case by case basis.
That is a deliberately fact-driven standard. It is also why contemporaneous detail — dates, what was said, who else was present, what was reported and to whom — tends to matter more than any characterization of the conduct after the fact.
When the Employer Is Responsible
The rule separates three situations, and the employer’s responsibility is not the same in each.
Supervisors and agents. HAR §12-46-109(c) provides that an employer shall be responsible for its acts and those of its agents and supervisory employees with respect to sexual harassment regardless of whether the specific acts complained of were authorized or even forbidden, and regardless of whether the employer or other covered entity knew or should have known of their occurrence. The commission examines the circumstances of the employment relationship and the job functions performed in deciding whether someone acted in a supervisory or agency capacity.
Co-workers. HAR §12-46-109(d) provides that with respect to conduct between employees, an employer shall be responsible where the employer or its agents or supervisory employees knows or should have known of the conduct and fails to take immediate and appropriate corrective action. The same subsection says an employee who has been harassed by a co-worker should inform the employer, its agent, or a supervisory employee — and then adds that an employee’s failure to give such notice may not be an affirmative defense.
Non-employees. HAR §12-46-109(e) provides that an employer may be responsible for the acts of non-employees, with respect to sexual harassment of employees at the workplace, where the employer knows or should have known of the conduct and fails to take immediate and appropriate corrective action. The commission considers the extent of the employer’s control and any other legal responsibility the employer may have with respect to that conduct.
Subsection (f) addresses a further situation: where employment opportunities or benefits are granted because of an individual’s submission to sexual advances or requests for sexual favors, the employer may be held liable for unlawful sex discrimination against other persons who were qualified for but denied that opportunity or benefit.
Subsection (g) states the commission’s expectation of employers directly: prevention is the best tool for the elimination of sexual harassment, and employers should affirmatively raise the subject, express strong disapproval, develop appropriate sanctions, inform employees of their right to raise and how to raise the issue, and take any other steps necessary to prevent sexual harassment from occurring.
The Filing Period
Because harassment on the basis of sex is treated as a violation of chapter 378, the Civil Rights Commission filing period applies. HRS §368-11(c), as amended by Act 56 (2026), provides that no complaint shall be filed after the expiration of 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 the Act was signed on May 28, 2026, that it applies prospectively, and that it applies to claims that had not yet expired on that date.
Federal periods run separately and are shorter. The EEOC states that a charge must generally be filed within 180 calendar days, extended to 300 calendar days where a state or local agency enforces a law prohibiting employment discrimination on the same basis, and that in harassment cases the charge must be filed within 180 or 300 days of the last incident of harassment, although earlier incidents will still be looked at when the charge is investigated.
These deadlines are short, they differ by claim and by venue, and this page cannot tell you which one governs your situation. If something has happened, confirm your specific deadline with an attorney or with the agency without waiting.
Retaliation Is a Separate Violation
A common and reasonable fear is that raising the subject will make things worse. HRS §378-2(a)(2) makes it an unlawful discriminatory practice for an employer, labor organization, or employment agency to discharge, expel, or otherwise discriminate against any individual because that individual has opposed any practice forbidden by part I of chapter 378, or has filed a complaint, testified, or assisted in any proceeding respecting the practices prohibited under that part. The HCRC states plainly that it is unlawful to retaliate against someone for filing a complaint with the commission or participating as a witness, and that retaliation may result in a separate complaint. That subject is covered further on the page about retaliation and wrongful termination.
Frequently Asked Questions
What counts as sexual harassment at work under Hawaii law?
Hawaii Administrative Rules section 12-46-109(a), adopted by the Hawaii Civil Rights Commission, states that harassment on the basis of sex is a violation of HRS chapter 378, and that unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or visual forms of harassment of a sexual nature constitute sexual harassment when submission to that conduct is made either explicitly or implicitly a term or condition of an individual's employment; when submission to or rejection of that conduct by an individual is used as the basis for employment decisions affecting that individual; or when that conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
Does the conduct have to be repeated, or physical, to count?
The rule does not require either. HAR section 12-46-109(a) refers to verbal or physical conduct or visual forms of harassment of a sexual nature. Subsection (b) provides that in determining whether alleged conduct constitutes sexual harassment, the commission will look at the record as a whole and at the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred, and that the determination of the legality of a particular action will be made from the facts, on a case by case basis.
Is my employer responsible for what a supervisor did?
HAR section 12-46-109(c) provides that an employer shall be responsible for its acts and those of its agents and supervisory employees with respect to sexual harassment regardless of whether the specific acts complained of were authorized or even forbidden, and regardless of whether the employer or other covered entity knew or should have known of their occurrence. The rule adds that the commission will examine the circumstances of the particular employment relationship and the job functions performed by the individual in determining whether that individual acted in a supervisory or agency capacity.
What if the person harassing me is a co-worker, or not an employee at all?
HAR section 12-46-109(d) provides that with respect to conduct between employees, an employer shall be responsible for acts of sexual harassment in the workplace where the employer or its agents or supervisory employees knows or should have known of the conduct and fails to take immediate and appropriate corrective action. The same subsection states that an employee who has been sexually harassed by a co-worker should inform the employer, its agent, or a supervisory employee, but that an employee's failure to give such notice may not be an affirmative defense. Subsection (e) provides that an employer may be responsible for the acts of non-employees where the employer knows or should have known of the conduct and fails to take immediate and appropriate corrective action, and that the commission will consider the extent of the employer's control and any other legal responsibility the employer may have.
How long do I have to bring a sexual harassment complaint in Hawaii?
Harassment on the basis of sex is handled as a violation of HRS chapter 378, so the Hawaii Civil Rights Commission filing period applies. HRS section 368-11(c), as amended by Act 56 (2026), provides that no complaint shall be filed 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 the Act was signed on May 28, 2026, applies prospectively, and applies to claims that had not yet expired on that date. Federal deadlines run separately: the EEOC states that a charge must generally be filed within 180 calendar days, extended to 300 calendar days where a state or local agency enforces a law prohibiting employment discrimination on the same basis, and that in harassment cases the charge must be filed within 180 or 300 days of the last incident of harassment. These periods are short and depend on the claim and the venue, so confirm the deadline that applies to you with an attorney immediately.
Is what I tell the Civil Rights Commission kept private?
The HCRC states that during an investigation its investigators will use discretion as much as possible, but that gathering relevant information often requires identifying party names, witnesses, and details of the alleged conduct. It states that in certain circumstances, such as cases involving minors or witnesses with a reasonable and clearly definable fear of serious bodily or economic harm or retaliation, identities may be kept confidential under HRS section 368-4(c), and that records relating to the investigation of filed complaints are generally not releasable under the State's Uniform Information Practices Act. The commission also states that it is unlawful to retaliate against someone for filing a complaint or participating as a witness.
If You Want to Talk It Through
You do not have to have decided anything to ask a question, and asking one does not start a process. A conversation can be limited to what the rule covers and what your deadline is.
If you would like to have that conversation, you can speak with my Honolulu office.
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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.