Hawaii Hiring laws & compensation compliance analysis

Hawaii Hiring: What you need to know

The Hawaii Fair Employment Practice Law prohibits all public and private employers from discriminating in hiring based on race, sex (including gender identity or expression; pregnancy, childbirth, or related medical conditions), sexual orientation, age, religion, color, ancestry, disability (including association or relationship with an individual with a disability), marital status, National Guard obligation, genetic test results, arrest and court records, domestic or sexual violence victim status, breastfeeding requirements, assignment of income for child support obligations, or credit history or report (HI Rev. Stat. Sec. 378-1 et seq.). The Law covers all employers, regardless of size. Additional information is available.
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Acquired immunodeficiency syndrome (AIDS). A prospective employee may not be required as a condition of employment to disclose whether he or she has been tested for human immunodeficiency virus (HIV) infection (HI Rev. Stat. Sec. 325-101). Additional information is available.
Lie detector tests. The Fair Employment Practice Law also prohibits employers from requiring that prospective employees submit to a lie detector test as a condition of employment (HI Rev. Stat. Sec. 378-26.5).
Credit history. It is unlawful for an employer to refuse to hire, discharge, or otherwise discriminate against an individual because of his or her credit history or credit report, unless the information directly relates to a bona fide occupational qualification (BFOQ) (HI Rev. Stat. Sec. 378-2). An employer is prohibited from inquiring about an applicant's credit history or credit report until after it has extended a conditional offer of employment. There are exceptions for managerial and ...

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