Protecting Employees from Religious Discrimination in Hawaii: A Guide for Employers

The Hawaii Labor Practices Act prohibits employers from discriminating against employees on the basis of sex, race, age, sexual orientation, religion, disability, marital status, or because they are victims of sexual or domestic violence. Learn how employers can pr

Protecting Employees from Religious Discrimination in Hawaii: A Guide for Employers

The Hawaii Labor Practices Act (the Act) is a law that prohibits employers from discriminating against employees or potential employees on the basis of their sex, race, age, sexual orientation, or religion. This law also safeguards individuals from discrimination based on their disability, marital status, or because they are victims of sexual or domestic violence. Under the Act, employers are not allowed to terminate a person or deny them employment due to their membership in a protected class, or discriminate against them with respect to the terms, privileges and conditions of their employment. Employers must also take steps to avoid scheduling exams or other selection activities that conflict with the prospective employee's religious needs, inquiring about the applicant's future availability at certain times, maintaining a restrictive dress code, or refusing to allow the observance of a Saturday or a religious holiday, unless the employer can demonstrate that not doing so would cause undue hardship. Religious harassment can take many forms, such as religious insults, workplace graffiti, or other offensive verbal or physical behavior directed at any religious group that is so severe or pervasive that the person being harassed reasonably considers the work environment to be hostile or abusive.

Employers must take steps to prevent and address any such harassment in order to comply with the Act. Hawaii employees have the right to be free from discrimination in the workplace. The Hawaii Labor Practices Act provides protection from discrimination for many classes of people and employers must take steps to ensure that they are adhering to this law. Employers should be aware of their obligations under the Act and take steps to ensure that they are complying with it. This includes providing training for managers and supervisors on how to recognize and address religious discrimination in the workplace. Employers should also create policies and procedures that clearly outline what constitutes religious discrimination and how it should be addressed.

Additionally, employers should ensure that all employees are aware of their rights under the Act and how to report any instances of discrimination. By taking these steps, employers can help protect their employees from religious discrimination in Hawaii and ensure that they are complying with the law.