Hawaii
How Faragher v. Boca Raton applies in Hawaii: state-specific rules, key cases, and bar exam notes for Labor Law.
Hawaii law mirrors the principles established in Faragher v. Boca Raton regarding employer liability for sexual harassment in the workplace. The Hawaii Supreme Court emphasizes the necessity for employers to have effective grievance procedures and to take prompt action when harassment is reported.
In Hawaii, an employer can be held liable for sexual harassment by an employee if the employer had actual or constructive knowledge of the harassment and failed to take appropriate steps to prevent it.
The court held that the defendant's failure to act upon known allegations of sexual harassment constituted grounds for employer liability.
The court ruled that a school administration's inaction in the face of reported harassment resulted in institutional liability.
Hawaii's approach aligns closely with federal law but emphasizes procedural obligations for employers more rigorously. The state enforces not only the results of workplace conduct but also the processes employers must follow to prevent harassment.
Candidates should be familiar with both the federal and Hawaii-specific standards for employer liability in sexual harassment cases as this topic commonly appears on the Hawaii bar exam.