Federal law protects most employees and job applicants from discrimination based on protected characteristics. These are age, color, disability, genetic information (including family medical history), national origin, race, religion and sex.
Individual states, and even some cities, have their own laws that include additional protected characteristics. For example, in some areas, it’s illegal to make employment decisions based on weight and even height.
Hawaii is a uniquely diverse state with a history that began long before it became part of the U.S. in 1959. Fortunately, our state law reflects that diversity in the protected characteristics it recognizes in employment.
Reflecting the uniqueness of the state and more
Our state is home to multiple military bases and installations. State law recognizes veteran status and uniformed service as protected characteristics. It also protects employees who need to have “absences for service in the National Guard.”
Among the other protected characteristics recognized under Hawaii law are:
- Arrest/court record – unless a person’s “conviction was within the last 10 years and has a rational relationship to the functions of the position”
- Breastfeeding and expressing milk
- Credit history/report
- Domestic/sexual violence victim status
- Income assignment for child support – if a person’s wages are being garnished to pay this support
- Marital/civil union status
- Reproductive health decisions – including “pregnancy prevention/termination and use of assisted reproductive technology.”
- Sexual orientation
It’s also important to note that under the sex/gender protected characteristic, Hawaii law includes “assigned sex at birth, gender, gender identity, and gender expression.”
While some of these things may be covered under other laws in some states and at the federal level, they are specified by Hawaii’s Equal Employment Opportunity Office. That can help clarify things for employers and help residents of the state protect their rights.
If you believe you’ve experienced employment discrimination based on a protected characteristic and haven’t been able to resolve the matter with the employer, getting experienced legal guidance can help you protect your rights under the law.