Fighting For The Rights Of Expectant Mothers

Women in Hawaii enjoy protection from being discriminated against, or being forced out of the workforce, because of pregnancy and pregnancy-related disability. Hawaii has better protection for pregnant women than almost any other state.

Attorney David Simons has represented the rights of mothers in Honolulu and across Hawaii for decades, fighting against employment discrimination relentlessly and zealously. Having achieved multimillion-dollar settlements and awards for victims of discrimination and harassment in the workplace, Mr. Simons has fought for employees against both small and large employers.

Hawaii And Pregnancy Discrimination

Hawaii, unlike most states, requires that an employer "reasonably accommodate" the medical needs of pregnant women. A request for time off caused by pregnancy must be accommodated. Some employers have rules regulating attendance policies. Those rules often do not differentiate between attendance requirements for pregnant and nonpregnant employees.

Under federal law all workers - pregnant and nonpregnant alike - can be treated the same. So under federal law an employer may apply a uniform policy of terminating an employee if they have been ill for more than 12 weeks, even if the reason the woman cannot work is pregnancy-related.

Under Hawaii law, however, even if a woman has to miss work for several months because of pregnancy, she must be reinstated at the end of pregnancy-related disability.

There is no minimum maternity leave required under Hawaii law, nor maximum — the amount of leave needed is determined by the doctor, not the law. However, there is no requirement that the woman be paid during pregnancy-related leave.

In addition to requiring that women be given the time off or other accommodation during pregnancy, Hawaii law prohibits an employer from discriminating against an employee in terms or conditions of an employee because of pregnancy. An employer cannot refuse to hire an employee because she is pregnant and will need to take time off in the future, nor can a woman be fired, demoted or denied a promotion because she is pregnant.

Protecting Pregnant Employees Against Discrimination

If you feel that your employer has either not hired you because of your pregnancy, not promoted you because of your pregnancy or otherwise discriminated against you because of your pregnancy, you should contact a knowledgeable lawyer. Call 808-536-3255 or use the contact form to schedule a consultation.