Hawaii laws prohibit employers from discriminating in the payment of wages between persons of different races, religions, or gender.  This means that an employer cannot have different rates of pay for employees involved in the same "classification of work" based on improper rationale. 

​

To qualify as a potential claim, the courts will evaluate whether any variation in rates of pay is due to a non-discriminatory purpose, for example: 

• seniority; 

• a merit system; 

• length of service; 

• substantial difference in duties or services performed;; 

• difference in the shift worked;

• difference in the time of day worked; or 

• difference in the hours of work. 

 

In comparing between two persons of different classes, the courts will question whether the work that both persons are doing require equal skill, effort, and responsibility, or whether the work is performed under similar working conditions.  In other words, if two persons are doing the same work, they should be getting the same pay. 

​

If you have noticed that your pay rate or compensation is different when compared to others, you should identify whether the difference is based on race, religion, or gender.  If you have identified wage discrimination in your company, feel free to contact the Sapolu Law Office and schedule a free case evaluation. 

If you've identified that your employer is paying different wages based on gender, race, or religion, the first thing you need to do is submit a written complaint to your company. 

​

Compliance with Internal Procedure: 

• Follow the company's internal protocols for submitting complaints; 

• Make sure that your complaint is submitted in writing;

• Your written complaint should be worded as polite as can be, (avoid lashing out) and include details supporting your reasoing; 

• Be the best employee you can be.  Don't give your employer a reason to fire you; and

• Document everything that happens.  A successful case will depend in large part on a clear timeline of events

• If your complaint is not appropriately addressed, consider filing a complaint with the Federal Equal Employment Opportunity Commission (EEOC) or the Hawaii Civil Rights Commission (HCRC). 

• If you need additional assistance, or have questions, feel free to contact the Sapolu Law Office or submit a message below to schedule a free case evaluation. 

​

If you were discharged or terminated from employment: 

• Call an attorney as soon as possible; 

• Don't sign any waivers or severance documents which may prevent you from filing a claim.  

  • If the company insists that you sign their paperwork, ask for more time to consult an attorney.  At a minimum, you could always say "I need some time to review this with my family and will get back to you within a few days."  Then make sure you follow up with an attorney.