Hawaii AIDS and Disease: What you need to know

The Hawaii Fair Employment Practice Law prohibits discriminating against a qualified individual with a disability (HI Rev. Stat. Sec. 378-1 et seq.). The law applies to all employers in the state regardless of size, including employment agencies and labor unions.
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Disability. “Disability” is defined as any physical or mental impairment that substantially limits a major life activity, a record of such an impairment, or being regarded as having such an impairment. Acquired immunodeficiency syndrome (AIDS), human immunodeficiency virus (HIV) infection, and other diseases are protected if the disease meets the statutory definition of a disability.
Federal law. The federal Americans with Disabilities Act (ADA) prohibits employers from basing a decision regarding recruitment, hiring, discharge, promotion, advancement, or the other terms and conditions of employment on the knowledge or perception that a person who is otherwise qualified to perform the job has a disability. The ADA requires employers to provide reasonable accommodation for an individual's disability, unless doing so creates an undue hardship on the employer.
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Hawaii law requires that anyone, including an employer, who orders the testing of bodily fluids or tissue, first obtain the written consent of the person to be tested authorizing the release of test results. A copy of the signed consent must be given to the health provider before the test results may be released (HI Rev. Stat. Sec. 325-16).
The law also provides that no person may be compelled to consent to the release of information or to disclose whether he or she has been tested for HIV/AIDS in order to obtain or retain employment (HI ...

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Record retention is complex and time consuming. However, in addition to complying with various federal and state laws, keeping good, well-organized records can be very helpful in documenting and supporting an organization’s employment actions.
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