Sexual Harassment Law Attorneys on Oahu
Honolulu Sexual Harassment Attorneys
Under Federal Law and Hawaii Law, it is an unlawful employment practice for an employer to discriminate against any individual with respect to the terms, conditions, or privileges of his or her employment because of the individual's race, color, religion, gender/sex, sexual orientation, national origin, medical condition or medical disability. In other words, an employer can not make decisions related to the hiring or firing of an employee based on the employee's race, color, religion, gender/sex, sexual orientation, national origin, medical condition, or medical disability. Sexual harassment is a form of sex/gender discrimination and it is unlawful under Federal Law and Hawaii Law.
When unlawful sexual harassment occurs in the workplace, such conduct creates a hostile work environment. It is unlawful under Federal Law and Hawaii Law for an employer to permit a hostile work environment to arise and/or to persist.
An Employer's Duty of Care
An employer in Hawaii has a duty to provide employees with a work environment that is free from unlawful sexual harassment. To achieve such a result, an employer in Hawaii must do the following things:
1) Educate its employees about what type of conduct may constitute unlawful sexual harassment.
2) Implement policies and procedures that prohibit unlawful sexual harassment and which permit an employee who has been a victim of workplace sexual harassment to report the unlawful sexual harassment without fear of reprisal or retaliation by co-employees or the employer.
3) Upon receiving a report of unlawful sexual harassment in the workplace, an employer must conduct a fair and objective investigation of the report of unlawful sexual harassment.
4) If an objective investigation by an employer uncovers evidence that unlawful sexual harassment has likely occurred in the workplace, the employer must take reasonable steps to eliminate the unlawful sexual harassment / hostile work environment.
If an employer fails to carry out any of the steps noted above and the employer's acts or omissions result in harm (be it physical and/or emotional/psychological) to the employee, the employer may be found liable in Hawaii Courts for the damages arising from its unlawful acts and/or omissions.
Unlawful Retaliation
It is a violation of Federal Law and Hawaii Law for an employer to take adverse action against an employee based on the employee's reporting or opposing unlawful sexual harassment in the workplace. Such adverse action may include, but is not limited to, firing the employee, suspending the employee, withholding the employee's pay, demoting the employee, etc.
Retaliatory Termination
It is a violation of Federal Law and Hawaii Law for an employer to terminate an employee because the employee reported or opposed unlawful sexual harassment in the workplace. When this occurs, it is called retaliatory termination.
Constructive Termination
When an employer fails to eliminate unlawful sexual harassment in the workplace and permits a hostile environment to exist and/or persist, the work environment can become so toxic that an employee is unable to continue working for the employer. When an employee finds it necessary to resign because of the existence of a hostile work environment or due to unlawful retaliation by the employer, a resignation under that circumstance constitutes constructive termination under Federal Law and Hawaii Law.
Time Limits
There are very strict time limits for reporting and filing claims for unlawful discrimination, unlawful retaliation, retaliatory termination, or constructive termination. If you believe you have been the victim of unlawful discrimination, unlawful retaliation, retaliatory termination, or constructive termination, please contact Honolulu, Hawaii Attorneys Remillard Huynh & Barbour. We represent individuals and workers and/or employees who have been victims of unlawful discrimination in Honolulu and throughout the State of Hawaii and we are here to help you.