The Workplace

HAWAII BACKGROUND labor law: Pregnancy Discrimination Act Under federal law, and Hawaii

HAWAII BACKGROUND labor law: Pregnancy Discrimination Act and Hawaii under the Federal

INTRODUCTION:

With other types of claims, there has been a significant increase in Pregnancy discrimination complaints nationwide. The increase in the number of complaints has exceeded the increase in the percentage of women in the labor force during the same period.

Consequently, it is clear that employers must be more aware of their obligations to pregnant workers, especially under the laws of the State of Hawaii, covering all employers, and allows not only individual responsibility for violations of the law, but also unlimited punitive and compensatory damages to be awarded to plaintiffs.

Federal law and HAWAII are significantly different from pregnancy discrimination:

Title VII of the Civil Rights Act 1964 ("Title VII"), it is illegal for an employer to reduce, isolate or categorize employees or applicants for employment in a manner that would deprive or tend to deprive a person of employment opportunities, because the person's race, color, religion, sex or national origin. In general, the law covers all employers participating in an industry affecting commerce with 15 employees or more.

Title VII was amended by the Pregnancy Discrimination Act ("PDA") to prohibit all forms of discrimination in employment based on pregnancy, childbirth or related medical conditions. Under the PDA, pregnant employees should not be treated less favorably than employees who non-pregnant women in similar circumstances.

Under the PDA, pregnant employees should not be treated less favorably than employees who are not pregnant women in similar circumstances. Therefore, an employer refuses to hire or promote women because of pregnancy violated the PDA. Also, an employer forces the employee pregnant to take leave while they can exercise their rights violated PDA. On the contrary, it is illegal to force a pregnant employee to continue performing the work, she can not because of the embarrassment of other employees in the same situation with disabilities are provided.

If the federal employee advocates the use of PDA application the Court to include: issuing a court order that prohibits the employer from committing future violations of the law, to grant equitable relief such as reinstatement or promotion, award payment is limited to a period of two years before the date of the discrimination charge was filed, the net profit middlemen pay award before, and reasonable attorneys' fees.

In addition, the total compensation and punitive damages are limited by the size of the employer. In particular, limits are set by law as follows:

Cap Number of employees

015-100 employees $ 050 000

101-200 employees $ 100,000

201-500 employees $ 200,000

500 employees and $ 300,000

Under the Employment Practices Act Hawaii, HRS Chapter 378 employers are prohibited discrimination under the private and public employment on the basis of "sex." As a PDA, the law prohibits discrimination Hawaii against women in employment because of "pregnancy."

There are significant differences between the PDA and the right to Hawaii. First, the law covers all Hawaii employers with "one or more" employees, which affects many small business owners who may lack resources to properly learn about the act or the application of risk reduction policies and procedures.

Secondly, it is clear under federal law that employees can not be personally responsible for adverse decisions made illegal under the law, is almost evenly between the authority of Justices of the Court that there is no protection under state law. By Therefore, supervisors with the employer is commonly referred to as individuals in lawsuits filed by complainants before the courts under the State of Hawaii HRS Chapter 378.

Third, while federal law merely requires the employer to treat a pregnant worker because it would be in the same situation of non-pregnant employees under the law employers are required to Hawaii to do more. Specifically, the law requires by statutory mandate Hawaii that employers "take all reasonable measures to meet the needs of women affected by a disability resulting from pregnancy, childbirth or medical conditions related. "

Regardless of policies for non-pregnant employees with disabilities, employees who are disabled pregnancy, medical conditions related to childbirth or be allowed to take leave, paid or unpaid, for a period of "reasonable." A "period reasonable "is determined by the health care provider for employees.

The law requires the reinstatement of an employee returning from leave Hawaii maternity leave to her original position or a position of equivalent pay, without loss of accumulated service credits and privileges. Before returning the employee, the employer may request a medical certificate approving the return to work.

Finally, and in many cases the most important, under the law Hawaii court can award punitive damages and unlimited compensation cases filed under Chapter 378 HRS.

CONCLUSION:

PDA and practices Hawaii Employment Act are significantly different in scope and magnitude. Under federal law, employers do not forget to treat pregnant workers, including employees located same. However, under the right of employers are obliged to Hawaii to offer special protection to pregnant although treated similarly situated employees. Employers should seek advice if you have questions about the law.

Amaguiné Roman, Esq.; romanamaguin@yahoo.com ; www.amaguinlaw.com

Amaguiné Romano, Esq. Hawaii is a lawyer specializing in labor law, labor work and civil litigation.

About the Author

Roman Amaguin, Esq. is a Hawaii attorney specializing in employment law, labor law, and civil litigation. His philosophy is to provide practical solutions to both complex and common workplace, employer/employee, and civil disputes. As a Hawaii attorney, Mr. Amaguin regularly appears before all federal and state courts in Hawaii, as well as state and federal administrative agencies such as the U.S. EEOC and Hawaii Civil Rights Commission.

Mr. Amaguin litigates a wide range of civil cases involving common law and statutory claims. He litigates claims involving torts, right to privacy, sexual and other forms of harassment, wrongful termination, discrimination and retaliation. He regularly provides counsel on Title VII, the Hawaii Employment Practices Act, FLSA, HIPAA, FMLA, ADA, ADEA, COBRA, non-competition agreements, contracts, workplace investigations, civil rights, whistleblower, drug-testing, and all other statutes that apply to Hawaii employers.

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