The below content should be reviewed in conjunction with the in-depth federal coverage of this topic provided above.

Authors: Patrick F. Martin and Maria R. Harrington, Littler Mendelson, PC

Summary

  • In addition to the federal equal opportunity laws, Hawaii employers must comply with the state antidiscrimination law, Hawaii's Fair Employment Practices Act. See Disability Discrimination in Hawaii.
  • In Hawaii, the Fair Employment Practices Act makes it unlawful to discriminate against an employee on the basis of his or her disability. See Hawaii Fair Employment Practices Act.
  • In Hawaii, pregnancy falls under the protected classification of sex. A pregnant employee cannot be excluded from work because of her pregnancy. In addition, employers must consider disability due to pregnancy, childbirth or related medical conditions as justification for a leave, with or without pay, for a reasonable period of time. See Pregnancy Disability Leave.
  • Hawaii employers cannot discriminate on the basis of an individual's genetic information is unlawful. See Genetic Testing.