Whistleblowers' Protection Act

HRS div. 1, tit. 21, ch. 378, pt. V

in effect

HRS §378-61 Definitions

378-61. Definitions As used in this part: "Employee" means a person who performs a service for wages or other remuneration under a contract for hire, written or oral, express or implied. Employee includes a person employed by the State or a political subdivision of the State. "Employer" means a person who has one or more employees. Employer includes an agent of an employer or of the State or a political subdivision of the State. "Person" means an individual, sole proprietorship, partnership, corporation, association, or any other legal entity. "Public body" means: (1) A state officer, employee, agency, department, division, bureau, board, commission, committee, council, authority, or other body in the executive branch of state government; (2) An agency, board, commission, committee, council, member, or employee of the legislative branch of the state government; (3) A county, city, intercounty, intercity, or regional governing body, a council, special district, or municipal corporation, or a board, department, commission, committee, council, agency, or any member or employee thereof; (4) Any other body which is created by state or local authority or which is primarily funded by or through state or local authority, or any member or employee of that body; (5) A law enforcement agency or any member or employee of a law enforcement agency; or (6) The judiciary and any member or employee of the judiciary. "Public employee" means any employee of the State or any county, or the political subdivision and agencies of the State or any county, any employee under contract with the State or any county, any civil service employee, any probationary or provisional employee of the State or county, and any employee of any general contractor or subcontractor undertaking the execution of a contract with a governmental contracting agency, as defined in section 104-1. "Public employer" means the State and any county, the political subdivisions and agencies of the State and any county, and any general contractor or subcontractor undertaking the execution of a contract with a governmental contracting agency, as defined in section 104-1, and includes any agent thereof. [L 1987, c 267, pt of §1; am L 2011, c 166, §5]

HRS §378-62 Discharge of, threats to, or discrimination against employee for reporting violations of law

378-62. Discharge of, threats to, or discrimination against employee for reporting violations of law An employer shall not discharge, threaten, or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment because: (1) The employee, or a person acting on behalf of the employee, reports or is about to report to the employer, or reports or is about to report to a public body, verbally or in writing, a violation or a suspected violation of: (A) A law, rule, ordinance, or regulation, adopted pursuant to law of this State, a political subdivision of this State, or the United States; or (B) A contract executed by the State, a political subdivision of the State, or the United States, unless the employee knows that the report is false; or (2) An employee is requested by a public body to participate in an investigation, hearing, or inquiry held by that public body, or a court action. [L 1987, c 267, pt of §1; am L 2002, c 56, §2]

HRS §378-63 Civil actions for injunctive relief or damages

378-63. Civil actions for injunctive relief or damages (a) A person who alleges a violation of this part may bring a civil action for appropriate injunctive relief, or actual damages, or both within two years after the occurrence of the alleged violation of this part. (b) An action commenced pursuant to subsection (a) may be brought in the circuit court for the circuit where the alleged violation occurred, where the complainant resides, or where the person against whom the civil complaint is filed resides or has a principal place of business. (c) As used in subsection (a), "damages" means damages for injury or loss caused by each violation of this part, including reasonable attorney fees. [L 1987, c 267, pt of §1; am L 2002, c 56, §3]

HRS §378-64 Remedies ordered by court

378-64. Remedies ordered by court A court, in rendering a judgment in an action brought pursuant to this part, shall order, as the court considers appropriate, reinstatement of the employee or public employee, payment of back wages, full reinstatement of fringe benefits and seniority rights, actual damages, or any combination of these remedies. A court may also award the complainant all or a portion of the costs of litigation, including reasonable attorney's fees and witness fees, if the court determines that the award is appropriate. [L 1987, c 267, pt of §1; am L 2011, c 166, §6]

HRS §378-65 Penalties for violations

378-65. Penalties for violations (a) A person or public employer who violates this part shall be fined not less than $500 nor more than $5,000 for each violation. (b) A civil fine which is ordered pursuant to this part shall be deposited with the director of finance to the credit of the general fund of the State. [L 1987, c 267, pt of §1; am L 2002, c 56, §4; am L 2011, c 166, §7]

HRS §378-66 Collective bargaining and confidentiality rights, takes precedence

378-66. Collective bargaining and confidentiality rights, takes precedence (a) This subpart shall not be construed to diminish or impair the rights of a person under any collective bargaining agreement, nor to permit disclosures which would diminish or impair the rights of any person to the continued protection of confidentiality of communications where statute or common law provides such protection. (b) Where a collective bargaining agreement provides an employee rights and remedies superior to the rights and remedies provided herein, contractual rights shall supersede and take precedence over the rights, remedies, and procedures provided in this subpart. Where a collective bargaining agreement provides inferior rights and remedies to those provided in this subpart, the provisions of this subpart shall supersede and take precedence over the rights, remedies, and procedures provided in collective bargaining agreements. [L 1987, c 267, pt of §1; am L 2011, c 166, §8]

HRS §378-67 Compensation for employee participation in investigation, hearing, or inquiry

378-67. Compensation for employee participation in investigation, hearing, or inquiry This subpart shall not be construed to require an employer to compensate an employee for participation in an investigation, hearing, or inquiry held by a public body in accordance with section 378-62 of this subpart. [L 1987, c 267, pt of §1; am L 2011, c 166, §9]

HRS §378-68 Notices of employee protections and obligations

378-68. Notices of employee protections and obligations An employer shall post notices and use other appropriate means to keep the employer's employees informed of their protections and obligations under this subpart. L 1987, c 267, pt of §1; am L 2011, c 166, §10

HRS §378-69 Conflict with common law, precedence

378-69. Conflict with common law, precedence The rights created herein shall not be construed to limit the development of the common law nor to preempt the common law rights and remedies on the subject matter of discharges which are contrary to public policy. In the event of a conflict between the terms and provisions of this part and any other law on the subject the more beneficial provisions favoring the employee shall prevail. [L 1987, c 267, pt of §1]

HRS §378-70 Protected disclosure by a public employee

378-70. Protected disclosure by a public employee (a) In addition to any other protections under this part, a public employer shall not discharge, threaten, or otherwise discriminate against a public employee regarding the public employee's compensation, terms, conditions, location, or privileges of employment because the public employee, or a person acting on behalf of the public employee, reports or is about to report to the public employer or a public body, verbally or in writing: (1) Any violation or suspected violation of a federal, state, or county law, rule, ordinance, or regulation; or (2) Any violation or suspected violation of a contract executed by the State, a political subdivision of the State, or the United States, unless the employee knows that the report is false. (b) Every public employer shall post notices pertaining to the application of sections 378-70 and 396-8(e), as shall be prescribed by the department of labor and industrial relations, in conspicuous places in every workplace. [L 2011, c 166, §4]

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0378/HRS_0378-.htmFetched: 11/10/2026