As a victim of workplace discrimination, the law is on your side. You have the right to take action against your employer if you’ve been discriminated against based on your race, sex, gender, disability or other protected characteristics.
That said, there’s a process to follow when asserting your rights in Hawaii. You cannot file a lawsuit immediately after experiencing workplace discrimination. There are some things you need to do first, and knowing them can protect your rights and strengthen your position.
Gather solid evidence
Before taking any formal legal action against your employer, document everything related to the discrimination. You don’t want to rely solely on word of mouth to prove your claims. Keep emails, text messages and any evidence that supports your case. Note down the exact details of what happened, including the dates, times, location and any witnesses present. The more detailed and organized your evidence, the better.
Understand what the law says
For most workplace discrimination claims in Hawaii, you need to file a complaint with the Hawaii Civil Rights Commission (HCRC) before you can file a lawsuit. This step is not optional. The HCRC is responsible for reviewing your complaint, investigating the facts and determining whether there is a basis for your claim.
If you skip this, it can result in your case being dismissed, regardless of the strength of your claim. Additionally, you must file your complaint within 180 days. Missing this deadline could mean losing your right to pursue your claim. Remember to stay responsive and cooperate with the ensuing investigations. It helps move your case forward and may even lead to a resolution without going to court.
Once the HCRC completes its investigations or is unable to resolve the issue, you will receive a Right to Sue letter. This legal document gives you the authority to file a lawsuit. Without it, your case cannot proceed in court.
Assert your legal rights with confidence
Standing up against workplace discrimination requires a strategic approach. Don’t jump the gun by rushing to court or acting impulsively. Seek early professional legal guidance to help you take informed action, avoid costly mistakes and protect your interests throughout the entire process.