State and federal laws protect Hawaii employees from workplace discrimination. The Hawaii Labor Practices Act (the Act) provides protection from discrimination for many classes of people, including those based on sex, gender expression or identity, race, age, sexual orientation, or religion. This law prohibits employers from dismissing or refusing to hire a person because they belong to a protected class or discriminating against them with regard to the conditions, privileges, and terms of their employment. Any such release or agreement is unenforceable.
Employers and their employees are not allowed to help, incite, compel, or coerce illegal discriminatory acts; obstruct or prevent anyone from complying with the Fair Labor Practices Act or related orders; or directly or indirectly attempt to commit such acts. However, employers can comply with the terms of genuine seniority systems, benefit plans for bona fide employees (such as retirement, pension, or insurance plans), or systems that measure income based on quantity or quality of production if these terms are not designed, intended, or used to evade the Fair Labor Practices Act. These provisions do not prohibit employers from rejecting candidates or dismissing employees who fail to meet their employment requirements in good faith. The Fair Labor Practices Act does not affect the terms or conditions of genuine employer-provided retirement, pension, employment benefits, or insurance plans that are not intended to circumvent the purpose of the law; however, this exception does not allow any plan for employees to establish a maximum age requirement for hiring or a mandatory retirement age. The law also does not affect the application of federal or Hawaiian safety regulations or regulations to employment. Employers may apply different compensation standards or terms, conditions, and privileges of employment in accordance with genuine systems of seniority or merit, in accordance with systems that measure earnings by quantity or quality of production, or to employees who work in different locations if these differences are not the result of an intent to discriminate on the basis of race, color, religion, national origin, sex or age (40 years or older), or the disability of a qualified person.
They can also meet the terms of genuine seniority systems or employee benefit plans, such as retirement, pension, or insurance plans, which are not a subterfuge to evade the Fair Labor Practices Act; however, these plans don't excuse their failure to hire candidates. Employers can make hiring or employment decisions, and decisions to admit or participate in apprenticeships or other training programs, based on sex, age, religion, national origin, or disability if any of these factors is a BFOQ that is reasonably necessary for normal business operations. Employers and their employees may not help, incite, compel, or coerce anyone to commit unlawful discriminatory acts; directly or indirectly attempt to commit unlawful discriminatory acts; or obstruct or prevent anyone from complying with the Fair Labor Practices Act or any order issued under the law. Discrimination provisions do not apply to genuine seniority systems that require differences in areas such as wages, hiring, layoffs, vacation credit, and work assignments if such systems are not intended to evade the Fair Labor Practices Act. Nor is employing one person in place of another evidence of unfair discriminatory practices. Reasonable demands for a position based on age, marital status, sex are interpreted according to the same legal rules as bona fide professional qualifications under the federal Civil Rights Act (42 U.
S. C.). Reasonable demands for a position based on a physical or mental disability are interpreted according to the same legal standards to determine if a person is a “qualified person with a disability” under the federal Americans with Disabilities Act (42 U. These exceptions to the Fair Labor Practices Act are affirmative defenses and employers have the burden of proving that they apply. Employers and other individuals cannot deliberately obstruct or prevent anyone from complying with the Fair Labor Practices Act nor resist, hinder, prevent, interfere with the New Mexico Human Rights Commission in performing their duties under the Fair Labor Practices Act.
Employers and their employees cannot help incite compel coerce anyone into violating the Fair Labor Practices Act. In conclusion it is important for employers and employees alike to be aware of Hawaii's laws protecting against discrimination based on religion. Employers must ensure that they comply with all applicable laws and regulations when making hiring decisions and must be aware that any attempts at circumventing these laws will be met with serious consequences.
