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Hawaii’s Employment Practices law (HRS § 378-2) applies to employers of every size, one of the broadest coverage rules in the country against a federal ADA threshold of 15. “Disability” is a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having one.
Pregnancy, childbirth and related medical conditions are separately protected by the Hawaii Civil Rights Commission’s administrative rules (HAR §§ 12-46-106 to 108), also at every employer size, and the state also mandates lactation accommodation.
Employers must provide reasonable accommodations to qualified employees and applicants with disabilities unless doing so would impose an undue hardship. Examples include modified schedules, accessible facilities, assistive technology, job restructuring, and leave.
For pregnancy, the rules require employers to provide reasonable accommodations for pregnancy-related disabilities, to grant a reasonable period of leave for pregnancy, childbirth and related conditions, and to reinstate the employee afterward. Pregnancy-related conditions are treated as temporary disabilities, and an employer may not deny employment opportunities because of the need for an accommodation.
Employers may request documentation where a disability or pregnancy-related need is not obvious, limited to confirming the condition and the need; for pregnancy leave, an employer may require a physician’s advice on the length of leave and the employee’s ability to return to work. Documentation must be kept confidential. A timely, good-faith interactive process is required; there is no fixed statutory deadline.
Complaints are filed with the Hawaii Civil Rights Commission within 180 days. The Commission investigates and may conciliate or hold a hearing; a civil action is available after the administrative stage. Remedies include back pay, reinstatement, compensatory and punitive damages, and attorney fees.
Managing accommodation requests under HRS Chapter 378 can be tedious—multiple forms, interactive‑process deadlines, and cross‑department coordination all add complexity.
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This guide is provided for general informational purposes only and does not constitute legal advice. Employment laws change frequently and vary by jurisdiction. Consult qualified employment counsel before acting on any information here. Last reviewed: September 2026.
