Hawaii — Workplace Discrimination

Hawaii Revised Statutes Chapter 378 prohibits employment discrimination. HRS § 378-2 bars employers from refusing to hire, discharging, or otherwise discriminating against individuals in compensation or in the terms, conditions, or privileges of employment because of race, sex (including gender identity or expression), sexual orientation, age, religion, color, ancestry, disability, marital status, arrest and court record, credit history or credit report (subject to enumerated exceptions in the statute), or domestic or sexual violence victim status. The statute applies to all employers, regardless of size. The Hawaii Civil Rights Commission (HCRC) enforces Chapter 378 under HRS Chapter 368.

Source: HRS §§ 378-1, 378-2

Unable to confirm as of 2026-05-28.

Hawaii law provides both equitable and legal remedies for employment discrimination claims under HRS Chapter 378. The remedial framework distinguishes between relief available through the Hawaii Civil Rights Commission (HCRC) and relief available through civil court actions.

HCRC remedies

Under HRS § 378-5(a), the HCRC may order appropriate affirmative action, including but not limited to hiring, reinstatement, or upgrading of employees with or without back pay, and restoration to membership in a labor organization. The statute cross-references HRS Chapter 368 for additional remedies the commission may order "which in the judgment of the commission, will effectuate the purpose of this part."

Court remedies — equitable relief

In civil actions brought under HRS Chapter 378, Part I, HRS § 378-5(b) authorizes courts to enjoin unlawful discriminatory practices and order affirmative action such as reinstatement, hiring, or upgrading of employees with or without back pay, or restoration of membership in a labor organization, or "any other equitable relief the court deems appropriate."

Back pay liability under HRS § 378-5(b) does not accrue from a date more than two years prior to the filing of the complaint with the commission.

Court remedies — compensatory and punitive damages

HRS § 368-17(a), enacted in 1989, expressly authorizes compensatory and punitive damages in addition to equitable relief. The statute provides that remedies ordered by the commission or the court "may include compensatory and punitive damages and legal and equitable relief." Specifically, HRS § 368-17(a)(8) authorizes "[p]ayment to the complainant of damages for an injury or loss caused by a violation of part I of chapter 489, chapter 515, part I of chapter 378, or this chapter, including a reasonable attorney's fee."

The Hawaii Supreme Court confirmed the availability of money damages in Ross v. Stouffer Hotel Co., 85 H. 7, 936 P.2d 643 (1997), holding that "section 368-17 permits a court to award compensatory and punitive damages in civil actions brought under part I of [chapter 378]." The court noted that prior to the 1989 enactment of HRS § 368-17, former HRS § 378-5(f) had limited available relief to equitable remedies and did not authorize compensatory or punitive damages, both of which are traditional legal remedies. Ross, 85 H. at 22, 936 P.2d at 658.

Back pay and unemployment benefits

The Hawaii Supreme Court has held that unemployment benefits received by an employee should not be deducted from back pay awards under Hawaii's employment discrimination law. In French v. Hawaii Pizza Hut, Inc., 89 H. 269, 971 P.2d 1104 (1999), the court ruled that the trial court did not have discretion to reduce the back pay award by the amount of unemployment benefits the employee had received. This rule prevents double recovery concerns from reducing the make-whole purpose of back pay awards.

Attorney's fees

HRS § 368-17(a)(8) authorizes payment to the complainant of damages for injury or loss "including a reasonable attorney's fee." Separately, HRS § 368-17(a)(9) permits the commission to award "all or a portion of the costs of maintaining the action before the commission, including reasonable attorney's fees and expert witness fees, when the commission determines that award to be appropriate."

HRS § 378-5(c) provides that in any action brought under Part I, "the court, in addition to any judgment awarded to the plaintiff or plaintiffs, shall allow costs of action, including costs of fees of any nature and reasonable attorney's fees, to be paid by the defendant." Courts have held that satisfaction of judgment does not bar a plaintiff's separate claim for attorney's fees under HRS § 378-5.

Workers' compensation non-offset

HRS § 368-17(b) provides that "[s]ection 386-5 notwithstanding, a workers' compensation claim or remedy does not bar relief on complaints filed with the commission." This preserves the availability of discrimination remedies even where the employee has received workers' compensation benefits for the same period of injury or disability.

Source: HRS § 378-5 Source: HRS § 368-17