Practices or policies that discriminate against immigrants legally eligible for employment may constitute discrimination on the basis of ancestry, in violation of the Hawaii Fair Employment Practice Law (HI Rev. Stat. Sec. 378-1et seq.) and/or the Hawaii Fair Practices for Public Employees Law (HI Rev. Stat. Sec. 76-1et seq.). The Fair Employment Practice Law applies to all employers in the state; the Fair Practices for Public Employees Law applies to public employers only.
It is illegal for an employer to make U.S. citizenship a condition of employment. Such requirements discriminate on the basis of national origin in violation of state law. Thus, inquiries about a person's citizenship or country of birth are unlawful because they imply discrimination on the basis of national origin.