HI · Civil Rights & Disputes

Civil Rights & Disputes in Hawaii

By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026

Key Hawaii Law

Hawaii Employment Practices Law — HRS Section 378-1 et seq.

Hawaii's Employment Practices Law prohibits discrimination based on race, sex, sexual orientation, age, religion, color, ancestry, disability, marital status, HIV infection status, arrest and court record, and domestic or sexual violence victim status.

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Procedural Details in Hawaii

Hawaii's civil rights framework is broad and progressive. The Hawaii Civil Rights Commission (HCRC) investigates complaints in employment, housing, and public accommodations. Complaints must be filed within 180 days of the discriminatory act. Hawaii covers employers with 1 or more employees for some protected classes and 15 or more for others. Hawaii uniquely prohibits discrimination based on arrest and court records (unless the conviction is directly related to job duties) — a "ban the box" type protection. Hawaii also prohibits discrimination based on HIV-positive status. Hawaii does not have a codified anti-SLAPP statute. The defamation statute of limitations in Hawaii is two years under HRS 657-4. Hawaii courts apply the "zone of danger" test for negligent infliction of emotional distress.

Hawaii Agencies & Resources

Hawaii Civil Rights Commission (HCRC)

State agency investigating discrimination complaints under Hawaii law in employment, housing, and public accommodations.

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EEOC Honolulu Local Office

Federal agency handling employment discrimination charges for Hawaii workers.

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Hawaii State Bar Association — Lawyer Referral

Referral service for civil rights and employment discrimination attorneys in Hawaii.

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Frequently Asked Questions

Does Hawaii prohibit discrimination based on criminal history?

Hawaii's Employment Practices Law prohibits discrimination based on arrest and court records unless the conviction is directly related to the job. This is a broader "ban the box" style protection than federal law provides.

How long do I have to file a civil rights complaint in Hawaii?

Complaints must be filed with the Hawaii Civil Rights Commission within 180 days of the discriminatory act. This is a shorter window than many states with 300-day filing periods.

Does Hawaii have an anti-SLAPP statute?

Hawaii does not have a codified general anti-SLAPP statute. Defamation defendants must rely on standard civil procedure motions rather than a special early-dismissal mechanism.

What is the defamation statute of limitations in Hawaii?

Defamation claims in Hawaii must generally be filed within two years under HRS 657-4.

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By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026