Race and Color Discrimination Under Hawaii Employment Law
Title VII and Hawai’i Revised Statute Chapter 378 prohibit employment discrimination on the basis of race and color. The term “race” generally includes all distinctive racial characteristics such as physical characteristics (i.e., color, hair, or facial features), culture (i.e., cultural grooming practices or racially distinctive accent such as “Black accent” or “sounds White”), and race-linked illnesses (e.g., sickle anemia primarily affects persons of African descent). ”Race” can also include a person’s name.
Discrimination and Definition of “Color”
The term “color” has been interpreted to mean pigmentation, complexion, or skin shade or tone. Although color and race discrimination often overlap, a person may allege color discrimination without alleging race discrimination. For example, a darker-skinned Hispanic person may claim color discrimination when the employer allegedly favored lighter-skinned Hispanics over darker-skinned Hispanics. Read more…
