Can I charge different prices to different customers without violating discrimination laws in Hawaii? What are the requirements?

Charging Different Prices to Different Customers in Hawaii

In Hawaii, it is unclear whether charging different prices to different customers based on protected characteristics would violate discrimination laws. However, businesses should be cautious and consult with legal counsel to ensure compliance with all applicable laws and regulations.

Hawaii has a general prohibition against unfair and deceptive acts and practices in the conduct of any trade or commerce [HIRS 480-2]. This law is broad and may apply to pricing practices that are deemed unfair or deceptive.

If a hotel or restaurant applies a service charge for the sale of food or beverage services, the service charge must be distributed directly to its employees as tip income or clearly disclosed to the purchaser of the services that the service charge is being used to pay for costs or expenses other than wages and tips of employees [HIRS 481B-14(a)(1)]. Failure to comply with this law may result in legal action and penalties.

If you believe that you have been subjected to unfair discriminatory treatment in public accommodations, you may file a complaint with the Hawaii Civil Rights Commission [HIRS 489-6].

Conclusion

It is unclear whether charging different prices to different customers based on protected characteristics would violate discrimination laws in Hawaii. However, businesses should be cautious and consult with legal counsel to ensure compliance with all applicable laws and regulations. Additionally, if a hotel or restaurant applies a service charge for the sale of food or beverage services, the service charge must be distributed directly to its employees as tip income or clearly disclosed to the purchaser of the services that the service charge is being used to pay for costs or expenses other than wages and tips of employees. If you believe that you have been subjected to unfair discriminatory treatment in public accommodations, you may file a complaint with the Hawaii Civil Rights Commission.

Jurisdiction

Hawaii

• General