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Hawaii

Regulatory Strength: ‏‏ Moderate ‏
Effective as of January 1st, 2019

Protected groups:

  • Gender

Applicable to:

  • Private and public companies*
  • May cover state and local government employees*

HR practices:

  • Employer cannot retaliate against employees who:
    • File a complaint or testify regarding pay discrimination
    • Discuss salaries with coworkers
  • Employer cannot ask for salary history while hiring employees

Defenses/Rebuttals:

  • Law narrows the reasons employers can use to justify pay differences (e.g., bona fide occupational qualification)

Remedies:

  • Back pay:
    • Full back pay awarded
    • Up to two (2) years of back pay may be awarded
  • Employer is liable for plaintiff attorney fees

Please click HERE for access to HI Rev Stat § 378-2.3, Equal Pay; Sex Discrimination.


*see law for specific inclusions/exclusions

Last revised 08/23/2019

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