Hawaii Employment Law

Hawaii Employment Practices Act covers all employers with 1+ employees and provides some of the broadest protections in the nation, including credit history and arrest record protections.

At-Will

Yes

Right-to-Work

No

EEOC Deferral

300 days

Min. Wage

$16.00

Hawaii State Laws (1)

HEPA

Haw. Rev. Stat. §§ 378-1 to 378-6

180 days
1+ employees

The Hawaii Employment Practices Act is one of the broadest state anti-discrimination statutes in the nation, covering employers with just one or more employees. It prohibits discrimination in all aspects of employment on the basis of an extensive list of protected classes including race, sex (encompassing gender identity and expression), sexual orientation, age, religion, disability, marital status, arrest and court record, domestic or sexual violence victim status, HIV status, credit history, genetic information, and reproductive health decisions. Hawaii was among the first states to include protections for sexual orientation and has continued to expand its protected classes over time.

Protected Classes

racesex (including gender identity/expression)sexual orientationagereligioncolorancestrydisabilitymarital statusarrest and court recorddomestic or sexual violence victim statusnational originHIV statuscredit historygenetic informationreproductive health decisions

Key Provisions

  • ✓Prohibits employment discrimination on the basis of an extensive list of protected characteristics
  • ✓Covers employers with just 1 or more employees, offering broader coverage than most states
  • ✓Includes protections for arrest and court record, credit history, and HIV status
  • ✓Protects victims of domestic or sexual violence from employment discrimination
  • ✓Includes reproductive health decisions as a protected class

Remedies

Back payFront payCompensatory damages (emotional distress)Punitive damagesAttorney fees and costsInjunctive reliefReinstatement
File with: Hawaii Civil Rights Commission (HCRC)180 days from the discriminatory act

Federal Laws That Apply in Hawaii

These federal statutes protect workers nationwide, including in Hawaii. As a deferral state, the EEOC filing deadline is extended to 300 days for most claims.

Title VII15+ employees
300 days
ADA15+ employees
300 days
ADEA20+ employees
300 days
EPA1+ employees
730 days
PDA15+ employees
300 days
PWFA15+ employees
300 days
FMLA50+ employees
730 days
FLSA1+ employees
730 days
Section 19811+ employees
1460 days
GINA15+ employees
300 days
USERRA1+ employees
— days
NLRA1+ employees
180 days
OSH Act1+ employees
30 days
WARN Act100+ employees
— days
Rehabilitation Act1+ employees
300 days
SOX Section 8061+ employees
180 days
INA Section 1324b4+ employees
180 days

Check which laws apply to your situation in Hawaii

Our free assessment identifies applicable federal, state, and local protections based on your specific circumstances.

Check My Rights

This information is provided for educational purposes only and does not constitute legal advice.Hawaii laws are subject to legislative changes. Consult a qualified employment attorney in Hawaii for advice about your specific situation. Last reviewed: February 2025.