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 on the basis of sex (including 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. Indeed, the law was recently amended to reflect that it is illegal for any employer to discriminate against any individual employed as a domestic, in compensation or in terms, conditions, or privileges of employment, because of the individual's race, sex (including gender identity or expression), sexual orientation, age, religion, color, ancestry, disability, or marital status. 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 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, ...

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