Hawaii Whistleblower Protection Law

July 31st, 2006 Posted by Jane

I know that in Hawaii, employees are given the right to a safe and healthy work environment. The Office of Safety and Health (HIOSH) was set up to protect workers from retaliation in the event that they witness a violation of law or safety in their workplace.

An employer may not discriminate against an employee who reports or threatens to report a violation of Hawaiian laws or contracts. Also, a worker has the right to participate in an investigation or hearing by a government agency or a court of law without fear of reprisal.

Some examples of discrimination that I read include: firing, demotion, transfer, layoff, losing the opportunity for overtime or promotion, exclusion from normal overtime work, assignment to an undesirable shift, denial of benefits such as sick leave or vacation time, blacklisting with other employers, taking away company housing, damaging credit at banks or credit unions and reducing pay or hours.

Workers have the right to complain to HIOSH and seek an inspection. If an employee believes that they have been discriminated against, they must mail a written complaint within 60 days of the discriminatory incident. HIOSH conducts an in-depth interview with each complainant to determine the need for an investigation. If evidence supports the worker’s claim of discrimination, HIOSH will ask the employer to restore the worker’s job, earnings and benefits. If the employer objects, HIOSH may take the employer to court to seek relief for the worker.

I know that a worker may also file a lawsuit in state court within 2 years after the occurrence of the alleged violation. Employers must post a notice of the law in their business. The Hawaii Complete Labor Law poster is available detailing all current Hawaiian labor laws. 

Last 10 posts by Jane

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Posted in Discrimination, Employment Laws, Federal Labor Laws, Hawaii, Hostile Environment

  1. Posted by: theodore kurrus

    is there a whistleblower law in journalism that covers freelance journalists who are unfairly maligned and defamed by the publication that prints the journalist’s story– for political reasons, not that the story was somehow inaccurate — resulting in the journalist being blackballed and denied income? if so, is there a national law or does each stare have its own lawi? and is there a statute of limitations? thanks. theodore kurrus

  2. Posted by: Amelia

    Hi theodore! No, there is no such law. Employment law covers only employees, not freelance workers or independent contractors. You could contact an attorney to file a lawsuit for slander or liable against the publication. HTH, and thanks for reading the blogs!~ Amelia

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