What are employee rights against harassment?

On Behalf of | Mar 4, 2025 | Sexual Harassment

Every employee in Hawaii has the right to a workplace free from harassment. State and federal laws protect workers from sexual harassment and other forms of discrimination. Understanding your rights helps you take action if you experience or witness harassment.

Protection under Hawaii law

Hawaii’s Employment Practices Law (HRS § 378-2) prohibits workplace harassment based on sex, gender identity, and sexual orientation. Harassment includes unwelcome advances, requests for favors, and offensive conduct that affects work conditions. Employers must take reasonable steps to prevent and address harassment.

Reporting harassment

You have the right to report harassment without fear of retaliation. Complaints can be filed internally with human resources or externally with the Hawaii Civil Rights Commission (HCRC) or the Equal Employment Opportunity Commission (EEOC). Employers cannot punish employees for making a complaint or participating in an investigation.

Employer responsibilities

Hawaii law requires employers to investigate harassment complaints and take corrective action if needed. Employers must also provide training on harassment prevention to ensure a safe work environment. Failure to act on harassment claims can lead to legal consequences.

Legal remedies for employees

If harassment continues after reporting, you can seek legal remedies. This may include filing a lawsuit for damages, back pay, or reinstatement. The HCRC and EEOC handle complaints and may provide mediation or take legal action against employers who violate harassment laws.

A safe workplace is a right

Harassment is not part of the job. If you experience it, you have legal options to protect yourself and hold employers accountable. Knowing your rights ensures a safer workplace for all employees.