Harassment Law
Hawaii Employment Law Basics: Sexual Orientation Discrimination and Hawaii Law
Under Hawaii State law, HRS Chapter 378, sexual orientation is defined as having a preference for heterosexuality, homosexuality, or bisexuality; having a history of any one or more of these preferences; or being identified with any one or more of these preferences. Hawaii employment law expressly prohibits employment discrimination and harassment because of sexual orientation. [...]
How to Effectively Investigate Harassment Complaints
Prompt, thorough and effective investigations are an integral part of a Hawaii employer’s prevention and correction of sexual and other forms of unlawful harassment in the workplace. United States Supreme Court decisions have emphasized the importance of the employer’s efforts to prevent sexually harassing behavior and promptly correct any such behavior which does occur. These [...]
Hawaii Sexual Harassment Law: Rulings Hint at Strict Liability for Supervisor Harassment
Under federal Title VII law an employer is liable for actionable sexual harassment caused by a supervisor with “immediate (or successively higher) authority over the employee.” However, where the employee does not suffer a “tangible employment action,” such as discharge, demotion, or an unfavorable reassignment, there is an affirmative defense that an employer may raise [...]
Same Sex Harassment Cases on the Rise
“It happens more often than one might think: A worker sues a fellow worker of the same sex for sexual harassment.What doesn’t happen very often is that the case goes to trial. That’s why a federal trial in Louisiana, which began Tuesday, is making history. John Cherry claims that he was sexually harassed for six [...]
Hawaii Sexual Harassment Law: Factors that Create a Hostile Work Environment
A work environment is considered “hostile” under both Hawaii and federal law when sexual behavior is severe or pervasive enough to alter the complaining employee’s employment conditions and create an abusive work environment. This occurs when unwelcome sexual or gender-based conduct has the purpose or effect of creating an intimidating or offensive work environment or [...]
