Hawaii
How Civil Rights Act of 1991 applies in Hawaii: state-specific rules, key cases, and bar exam notes for Employment Law.
Hawaii law applies the principles from the Civil Rights Act of 1991 by incorporating anti-discrimination measures in employment practices. The state values equal employment opportunity, aligning closely with federal protections against workplace discrimination.
Under Hawaii Revised Statutes § 378-2, it is unlawful for any employer to discriminate against any individual in employment based on race, sex, religion, and other defined characteristics, consistent with the Civil Rights Act of 1991.
The court ruled that a city employer's termination of an employee for discriminatory reasons constituted a violation of both state and federal employment discrimination laws.
The Hawaii Supreme Court held that the burden-shifting framework established by federal law applies in state employment discrimination cases, emphasizing the state's commitment to equitable treatment.
This case affirmed that discrimination claims under Hawaiian law can be pursued contemporaneously with similar federal claims, allowing for broader protections.
Hawaii law extends the protections provided in the Civil Rights Act of 1991 by also addressing discrimination based on additional categories, such as sexual orientation and gender identity. While both frameworks provide legal recourse for discrimination, Hawaii often favors more expansive interpretations to protect its residents.
The Civil Rights Act of 1991 is relevant for the Hawaii bar exam, particularly under the Employment Law section, where candidates may be tested on the state's specific anti-discrimination statutes.