Whistleblower Protection Under Hawaii Law

Under Hawaii law, HRS § 378-62, an employer is prohibited from threatening to discharge, discharging, or otherwise discriminating against any employee or a person acting on behalf of the employee, who is a whistleblower.

Specifically, Hawaii’s whistleblower statute provides: “§378-62 Discharge of, threats to, or discrimination against employee for reporting violations of law. An employer shall not discharge, threaten, or otherwise discriminate against an employee regarding the employee’s compensation, terms, conditions, location, or privileges of employment because:

• The employee, or a person acting on behalf of the employee, reports or is about to report to the employer, or reports or is about to report to a public body, verbally or in writing, a violation or a suspected violation of:

1. A law, rule, ordinance, or regulation, adopted pursuant to law of this State, a political subdivision of this State, or the United States; or

2. A contract executed by the State, a political subdivision of the State, or the United States,

• An employee is requested by a public body to participate in an investigation, hearing, or inquiry held by that public body, or a court action.”

The statute of limitations for filing a claim is two (2) years. In addition seeking injunctive relief the plaintiff in a whistleblower case is entitled to a full range of remedies.

HRS § 378-64 provides:

“Remedies ordered by court. A court, in rendering a judgment in an action brought pursuant to this part, shall order, as the court considers appropriate, reinstatement of the employee, payment of back wages, full reinstatement of fringe benefits and seniority rights, actual damages, or any combination of these remedies. A court may also award the complainant all or a portion of the costs of litigation, including reasonable attorney’s fees and witness fees, if the court determines that the award is appropriate.”

The employer may face additional monetary penalties. HRS §378-65 provides that “a person who violates this part shall be fined not less than $500 nor more than $5,000 for each violation.”

Significantly, unlike many federal statutes individuals can be held liable for violations of Hawaii’s Employment Practices Act, including HRS § 378-62. HRS §378-1 defines an “employer” for purposes of liability to include “any person.” In addition, §378-2 (3) makes it unlawful for any “person” to “aid, abet, incite, compel, or coerce the doing of any of the discriminatory practices forbidden by this part, or to attempt to do so.”

Both sections make clear that the statutory scheme is far reaching and presents significant risk exposure for employers that lack proper policies and training.

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