What type of discrimination is unlawful?
In Hawaii, it is illegal for employers to discriminate against any employee or job applicant on the basis of race, color, religion, national origin, ancestry, sex (including pregnancy and gender identity), age (40 or older), disability, marital status, arrest and court record, genetic information, sexual orientation, citizenship, or status as a covered veteran. This kind of discrimination is known as illegal discrimination or unlawful discrimination. Unlawful discrimination covers any action taken by an employer that has the effect of unfairly disadvantaging someone due to their protected characteristic. This includes refusal to hire, refusal to promote, assigning work that is far below a person’s qualifications, setting different pay or benefit standards, or any other decision that is based on the person’s race, sex, age, etc. In addition, any type of harassment based on any of the protected characteristics is also considered unlawful discrimination.
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