A Hawaii civil rights attorney can help if employment discrimination occurred at any phase during the potential or actual employment relationship.

For example, covered employers may not discriminate against employees in the employment relationship including during:

• Job interview (e.g., asking illegal interview questions)

• Promotion, demotion, assignment or transfer

• Compensation issues (e.g. discriminatory pay practices for men and women)

• Selection for group layoff, reduced hours or reduced benefits

Illustrative examples of race discrimination may be:

• Persistent use of ethnic slurs, stereotyping, comments on cultural habits or offensive jokes which negatively affects the employee’s work performance

• Isolation from employees of a different race

• Denial of promotions when employees of a different race with less experience are promoted

• Termination due to company layoffs while employees of a different race maintain their positions

• Paid less salary for equivalent work as persons of a different race

• Refusal to hire a person of a particular race, when a less qualified applicant is hired who is of a different race

Illustrative examples of gender discrimination may be:

• A male boss refers to his female colleagues as “girls”

• Employer denies benefits to female employees’ families while providing benefits to male employees’ families

• Paid less salary for equivalent work as male employees

• Denial of promotions while male employees with less experience are promoted (glass ceiling)

• Asked during a job interview whether you intend to start a family and have children

• Denial of requests to modify working hours to care for children, but male employees are granted such requests

Illustrative examples of national origin discrimination may be:

• Harassment and derogatory comments regarding a male employees’ Jamaican ethnicity, due to his accent and the way he wears his hair

• Not hired at a Italian restaurant because of Chinese ethnicity

• Not offered a position by an employer that limits public contact because female employee wears a Sari or because Hispanic employee has an accent

• Termination of Arab employee after recent arrest of suspected terrorists

Illustrative examples of religion discrimination may be:

• Refusal to grant a reasonable accommodation of scheduling a Muslim employee’s breaks for his or her prayer session

• Refusal to hire an employee for wearing a yarmulke in his practice of the Jewish religion

• Requiring a Jehovah Witness employee to participate in a birthday celebration for a co-worker

• Requiring a Muslim employee to participate in a Christmas gift exchange

• Forbidding an employee from engaging in a religion expression which is not an undue hardship on the employer

• Religious harassment of an employee

Illustrative examples of age discrimination may be:

• Promoting a younger employee with less experience over an older employee

• Firing older workers and replacing them with younger employees

• Layoff of all employees over the age of 40 during downsizing

• Forcing early retirement

• Harassment of an older employer based on age, such as age related jokes (e.g., grandpa, is it AARP time yet?, etc.), comments and gestures

Illustrative examples of pregnancy discrimination may be:

• Denial of temporary disability for pregnancy bed rest, while granting temporary disability to a male employee for an injury

• Demotion after returning from maternity leave, while male employees are not demoted for being new parents

• Termination after employee informs employer that she is pregnant

• Employer requiring mandatory pregnancy leave, while employee can still perform the essential functions of job

• Health insurance plan provided by employer excludes maternity coverage

• Refusing to hire or promote employee because of pregnancy

Illustrative examples of disability discrimination may be:

• Denial of a reasonable accommodation to an employee who requires such to perform the essential functions of their job

• Denial of medical leave for depression or other psychological illness, while employees with physical illness are granted such leave

• Disability harassment such as intimidating jokes, comments or gestures imitating employees disability

• Failure to install accommodating restroom facilities or handrails despite requests

• Denial of hiring or promotion because of disability

• Unequal pay compared to employees who perform same level of work

• Denial of breaks to attend doctor appointments

• Refusal to hire employee because of perceived disability

Federal Law

We represent employees who have employment-law related claims under Federal statutes including but not limited to Title VII of the Civil Rights Act of 1964 (Title VII), the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Consolidated Omnibus Budget Reconciliation Act (COBRA), Employee Retirement Income Security Act (ERISA), Uniformed Services Employment and Reemployment Rights Act (USERRA), and other federal laws that protect against discrimination. We have represented employees in federal court and before the Equal Employment Opportunity Commission (EEOC).

Federal Law: Family Medical Leave Act (FMLA)

Our Hawaii civil rights lawyers represent employees regarding FMLA rights or who have been denied their FMLA rights.  FMLA is a federal statute however Hawaii also provides for medical leave under Hawaii Family Leave Law.  It is important to consult with an attorney experienced in FMLA matters.

Generally under Federal law, eligible employees may take up to 12 weeks of unpaid leave in a 12 month period for serious health conditions under the FMLA.

Serious health conditions may include:

• Birth and care of a child

• Acceptance of adopted of foster children

• Caring for a spouse, child or parent with a serious medical condition

• An employee’s own serious medical condition

For example, if an employee’s mother is diagnosed with cancer and the employee must stay home from work in order to care for her, the employee is entitled take up to 12 weeks of unpaid leave within the following 12 month period to care for her mother.

Generally, employers are prohibiting from eliminating the employee’s position upon their return from medical leave, without offering an equal position. Employers are prohibited by law from retaliating, harassing or discriminating against employees for taking family medical leave.