What is considered harassment in Hawaii?
Asked by: Brady Herzog | Last update: March 15, 2026Score: 4.1/5 (34 votes)
In Hawaii, harassment includes offensive touching, insults likely to provoke violence, repeated unwanted electronic communications, and stalking, often defined by the intent to annoy or alarm someone, creating a hostile environment, or interfering with work, and can involve physical, verbal, or electronic acts based on protected characteristics like ancestry or sex. This encompasses offensive jokes, slurs, threats, persistent unwanted contact (even after rejection), and creating intimidating workplaces, all of which can lead to legal action or protective orders.
What is the harassment law in Hawaii?
711-1106 Harassment. (f) Makes a communication using offensively coarse language that would cause the recipient to reasonably believe that the actor intends to cause bodily injury to the recipient or another or damage to the property of the recipient or another. (2) Harassment is a petty misdemeanor.
What type of behavior is considered harassment?
Harassment is unwanted, offensive, humiliating, or intimidating behavior, often repeated but sometimes a severe one-off, that targets an individual or group, creating a hostile environment, especially when linked to a protected characteristic like race, sex, religion, or disability, though it can also be personal (bullying). It can manifest as verbal (slurs, insults), physical (unwanted touch, assault), visual (offensive images), or psychological (intimidation, shaming) actions, interfering with someone's ability to work or exist comfortably.
What kind of proof do you need for harassment?
To prove harassment, you need a combination of your detailed personal testimony (dates, times, details) and corroborating evidence like emails, texts, photos, videos, or witness statements describing the unwelcome conduct, especially when it's severe or pervasive enough to create a hostile environment, impacting your work or safety, with saved records of your reports to management/HR being crucial. Medical records documenting harm and documentation of any official complaints and the employer's response also significantly strengthen your case.
What are three actions that are considered harassment?
The three primary types of harassment often categorized are Verbal/Written, Physical, and Visual, which create hostile environments through offensive language, unwanted touching/assault, or inappropriate images/gestures, respectively, though harassment also includes discriminatory and sexual forms that overlap these categories. These behaviors, whether explicit or subtle, target individuals based on protected characteristics like race, gender, or religion, making a workplace intimidating, hostile, or offensive.
Hawaii House of Representatives updates workplace harassment policy
What things count as harassment?
Harassment is unwelcome behavior that is offensive, humiliating, or intimidating, often persistent, and targets a person's protected characteristics like race, gender, religion, or disability, creating a hostile environment, though serious single incidents can also qualify. It includes verbal abuse, offensive jokes, unwanted physical contact, intimidation, displaying offensive images, and online harassment, and can lead to psychological distress, impacting someone's ability to work or live comfortably.
What are the four steps a person should take when reporting a case of harassment?
How to Report Workplace Harassment
- Step 1: Try to Resolve the Issue. If you experience workplace harassment, consider addressing the matter directly with the person involved – but only if you feel safe doing so. ...
- Step 2: Compile Evidence. ...
- Step 3: Escalate the Situation to Management or HR. ...
- Step 4: Prevent Retaliation.
What are the 9 grounds of harassment?
Harassment that is based on the following grounds— marital status, family status, sexual orientation, religion, age disability, race, or Traveller community ground— is a form of discrimination in relation to conditions of employment. What is sexual harassment? S23 EE Act.
What are the 5 ds of harassment?
The 5Ds are different methods – Distract, Delegate, Document, Delay, and Direct – that you can use to support someone who's being harassed, emphasize that harassment is not okay, and demonstrate to people in your life that they have the power to make their community safer.
Do you need evidence to report harassment?
We understand it can be difficult to tell us about what's happened, but we want to hear from you. We take these offences very seriously. Before you report, you don't need to gather 'evidence' about what's been happening, like text messages, videos or photos.
What are not examples of harassment?
Behaviours that are not considered harassment are those that arise from a relationship of mutual consent. A hug between friends, mutual flirtation, and a compliment on physical appearance between colleagues are not considered harassment.
What to do when someone is harassing you?
If someone is harassing you, prioritize your safety by documenting everything, telling the harasser to stop (if safe), blocking them, and reporting the behavior to authorities like police or your employer, while also seeking support from hotlines or counselors; take legal steps like getting a restraining order if needed.
What is an example of harassing someone?
Examples of Harassment
These include: Verbal or physical abuse, threats, derogatory remarks, jokes, innuendo or taunts about appearance or beliefs.
Can you sue for emotional distress in Hawaii?
Yes, you can sue for emotional distress in Hawaii. However, some legal requirements must be met to be successful. First, you must prove that the other party's actions were negligent or intentional. Negligence means that the other party acted carelessly or without regard for the safety of others.
Can you sue for harassment without proof?
Many workers in California fear the court will not take their claim seriously if no one saw what happened, especially if they are going against someone powerful. But the truth is, you can prove harassment even without witnesses.
What is the Sunshine law in Hawaii?
The Sunshine Law is Hawaii's open meetings law. It governs the manner in which all state and county boards must conduct their official business. The Office of Information Practices (“OIP”) has been the agency in charge of administering the Sunshine Law since 1998.
What are the points to prove for harassment?
In order for a person to be found guilty of the offence of harassment under section 2, the Prosecution would need to prove the following: That the defendant pursued a course of conduct against another; This conduct amounted to harassment; and. The defendant ought to have known that this conduct amounted to harassment.
What is petty harassment?
A person commits a petty misdemeanor if, with purpose to harass another, he or she: (a) Makes a telephone call without purpose or legitimate communication; or. (b) Insults, taunts or challenges another in a manner likely to provoke violent or disorderly response; or.
What is the most common harassment?
1. Sexual Harassment in the Workplace. From unwelcome and offensive comments to unwanted physical advances and requests for sexual favors, sexual harassment is one of the most common and familiar forms of workplace harassment. Sexual harassment can be verbal or physical, both of which are discriminatory.
How does someone prove harassment?
To prove harassment, you need to document everything (dates, times, details), gather evidence (texts, emails, recordings, photos), find witnesses, and formally report it to establish a pattern of severe or pervasive, unwelcome conduct based on a protected characteristic that affects your work or creates a hostile environment, often requiring help from an employment lawyer to meet legal standards like those set by the EEOC.
What makes a behavior qualify as harassment?
Deciding if behavior is harassment involves checking if it's unwelcome conduct related to a protected characteristic (like race, sex, age, religion) that is severe or pervasive enough to create an intimidating, hostile, or abusive environment for a "reasonable person," meaning it's more than just petty slights or isolated incidents. Key factors are the conduct's link to protected traits, its unwelcome nature, and its impact (humiliating, degrading, intimidating) on the individual, often requiring a pattern, though extreme single events can qualify.
What behaviour is considered harassment?
Harassment is unwanted, offensive, humiliating, or intimidating behavior, often repeated but sometimes a severe one-off, that targets an individual or group, creating a hostile environment, especially when linked to a protected characteristic like race, sex, religion, or disability, though it can also be personal (bullying). It can manifest as verbal (slurs, insults), physical (unwanted touch, assault), visual (offensive images), or psychological (intimidation, shaming) actions, interfering with someone's ability to work or exist comfortably.
What proof do you need to sue for harassment?
To sue for harassment, you need credible evidence proving severe or pervasive offensive conduct created a hostile environment, including detailed logs (dates, times, incidents), digital communications (texts, emails), witness statements, and potentially photos, recordings, or medical records, all showing a pattern that affected your ability to work or live, supported by documentation of your complaints to management or HR.
When should I report someone for harassment?
Stalking or harassment is when someone repeatedly behaves in a way that makes you feel scared, distressed or threatened. You can report it to us using this service: if the unwanted behaviour has happened two times or more.
What are some strong words to use in a complaint?
Customers who are direct and clear in their dissatisfaction, may use phrases like:
- 'I'm not happy'
- 'I'm very unhappy'
- 'I cannot accept this'
- 'I'm really angry/annoyed'
- 'I'm confused'
- 'I'm tired of..'
- 'I want to make a complaint'
- 'I want to speak to a manager/supervisor/team leader'