The Hawaii Civil Rights Act, found in Hawaiʻi Revised Statutes Ch. 378-2, covers most private and public employers with one or more employees in Hawaii. The law prohibits discrimination based on disability, including refusal to provide reasonable accommodations. “Disability” is broadly defined as a physical or mental impairment that substantially limits one or more major life activities, or having a record of such an impairment. The law’s protections apply to applicants as well as current employees.
Under Hawaiʻi Revised Statutes Ch. 378, employers are expected to make modifications or adjustments that allow an employee with a disability to perform essential job functions, so long as doing so does not cause undue hardship. Examples of reasonable accommodations include modifying work schedules, acquiring adaptive equipment, making facilities accessible, reassignment to a vacant position, and providing interpreters or readers. Each accommodation request should be considered on a case-by-case basis, taking into account both the employee’s needs and the operational realities of the business.
When an accommodation is requested, employers are required to begin an interactive process with the employee as soon as possible. While Hawaii law does not specify exact deadlines, prompt communication is critical. Employers may request documentation when the need for accommodation is not obvious, but they should keep requests limited to information that is strictly job-related and necessary. All steps, discussions, and determinations regarding the accommodation must be documented. Delays can be viewed negatively if an employer fails to act promptly.
Employees or applicants who believe their accommodation rights have been violated can file a complaint with the Hawaii Civil Rights Commission (labor.hawaii.gov/hcrc). The Commission will investigate and may attempt mediation or settlement. If violations are found, employers can face orders to provide back pay, reinstate employment, implement accommodations, and pay compensatory damages. Additionally, there is potential liability for attorney’s fees. Ignoring or mishandling accommodation requests can also result in legal costs and reputational harm.
Managing accommodation requests under Hawaiʻi Revised Statutes Ch. 378 can be tedious—multiple forms, interactive‑process deadlines, and cross‑department coordination all add complexity.
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- Train managers and HR teams regularly on accommodation procedures and the importance of timely, respectful communication.
- Document every step of the interactive process—not just the outcome, but also conversations and options considered.
- Limit medical information requests to only what is necessary to understand the need for accommodation.
- Don’t dismiss nontraditional accommodation requests; collaborate with employees for creative solutions.
- Avoid blanket policies that require “full duty” releases; always evaluate individualized needs.
Being proactive and methodical can help avoid complaints and keep your organization in compliance with Hawaii’s disability accommodation standards.
