Protected activities are legal actions or complaints that employees take when they believe something wrongful is happening at work. In Hawaii, this includes reporting illegal actions by an employer, opposing discrimination, requesting reasonable accommodations or speaking up about harassment. These actions are protected so employees can raise concerns without fear of punishment.
State law offers strong protection through the Whistleblower Protection Act. The law makes it unlawful for an employer to discharge, threaten, or otherwise penalize an employee for reporting violations of law or participating in government investigations.
The law also prohibits retaliation when employees disclose or discuss sexual harassment or assault. Employers cannot force employees to sign nondisclosure agreements that silence them.
Examples of protected activities
Some of the more common examples of protected activities include:
- Reporting suspected illegal activity to a public agency or supervisor, such as payroll fraud or safety violations
- Filing a discrimination complaint or participating in a Hawaii Civil Rights Commission (HCRC) investigation
- Asking for a reasonable accommodation under the Americans with Disability Act (ADA) or state disability rules
- Complaining about sexual harassment or assault in the workplace.
Sometimes, employees who raise legitimate concerns may be demoted, fired, denied a promotion or receive poor evaluations. Even when grievances are valid, employers may still treat employees poorly. That can discourage others from speaking up. These adverse actions may violate Hawaii’s whistleblower and anti-retaliation laws.
If someone has faced retaliation, the law allows them to file a complaint under the Whistleblower Protection Act. That complaint can be submitted to the state within two years of the event. Investigations may lead to remedies such as reinstatement or changes in employment terms. Employees can also raise claims under discrimination laws if the issue involves a protected class. For more information, it’s wise to seek legal guidance.