Practice Area Overview

The Honolulu Law Office of Clayton C. Ikei is the law firm of choice for people needing legal help from an attorney with knowledge, experience and a record of achieving successful results on behalf of members of the military, postal workers, and people who are privately employed who have been discriminated against or otherwise mistreated in the workplace. The lawyers at the Law Office of Clayton C. Ikei have decades of experience helping state and federal workers and employees in the private sector obtain reinstatement, back pay, and other damages and remedies before various boards and agencies and in the courts.

Federal Employees

EEOC

In most cases involving employment discrimination of any type, federal employees will deal with the U.S. Equal Employment Opportunity Commission (EEOC), which is the federal agency in charge of enforcing the nation's antidiscrimination laws such as Title VII (covering race and color, ethnicity/national origin, gender, and religion), the Age Discrimination in Employment Act (ADEA), the Americans with Disability Act (ADA), the Pregnancy Discrimination Act (PDA), and the Equal Pay Act (EPA). While federal employees file complaints directly with the agency they work for, any hearings or appeals beyond the agency's complaint process are heard by the EEOC. Private sector employees file complaints directly with EEOC (see below).

MSPB

Over one hundred years ago, the patronage system of filling government positions based on political affiliation was largely displaced by a merit system which protects federal employee job security from political changes in the government administration. The Merit System Protection Board (MSPB or "the Board") was established to protect federal employees from job actions based on political motives rather than work performance. If an employee wishes to appeal an adverse agency action, such as a removal, suspension, or reduction in grade or pay, the MSRB is the next stop in seeking redress.

OSC

Yet another agency established to protect workers from unlawful personnel practices is the Office of Special Counsel (OSC). The purview of the OSC ranges across a dozen "prohibited personnel practices" and other matters, which includes protecting whistleblowers from retaliation or reprisals, regulating political activity in the employment arena under the Hatch Act, and protecting employment rights of service members under the United States Employment and Reemployment Rights Act (USERRA).

State Employees and Private Sector Employees

Unlike federal employees, private sector workers may file a discrimination claim immediately with the EEOC. The EEOC will investigate the claim and may take action against the employer including litigation, or it may instead issue a right-to-sue letter to the employee. At the end of the required statutory period, or as soon as the employee has received a right-to-sue letter, he or she may file a complaint in court and sue for money damages, reinstatement, back pay, and other forms of relief.

The state of Hawaii also has its own antidiscrimination laws, including a constitutional protection against discrimination based on race, religion, sex, or ancestry. The Hawaii Civil Rights Commission (HCRC) enforces state laws on employment discrimination based on race, religion, sex, ancestry, disability and other characteristics. Similar to the EEOC, the HCRC may hold its own hearings, sue in court on an employee's behalf, or issue "right to sue" authority to allow the employee to pursue an action in court.

Seek Experienced Legal Representation

Timelines for filing complaints and appeals vary for different types of employees, and missing a deadline can be disastrous to an employment law case. The attorneys at the Law Office of Clayton C. Ikei have been handling these matters for decades and are thoroughly familiar with the rules and procedures for complaints, mixed cases, appeals to agencies and the courts in the Hawaii state and federal systems. The firm’s attorneys have a reputation for meticulous preparation, strong advocacy skills, and obtaining successful results on behalf of the firm’s clients. Contact the Law Office of Clayton C. Ikei for experienced legal representation.