Hawaii Age Discrimination laws & HR compliance analysis

Hawaii Age Discrimination: What you need to know

The Hawaii Fair Employment Practices Act prohibits discrimination in employment on the basis of age without specifying an age range (HI Rev. Stat. Sec. 378-1 et seq.). The law applies to all employers in the state, including public employers. Under the law, it is unlawful to:
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  Download Now
• Refuse to hire, discharge from employment, or otherwise discriminate against any individual in compensation, or terms or conditions of employment because of age.
• Make an inquiry of a prospective employee that expresses any limitation, specification, or discrimination as to age, unless age is a bona fide occupational qualification (BFOQ).
• Refuse to enter into an apprenticeship agreement because of the age of the apprentice, as long as the apprentice is over 16 years of age.
• Retaliate against any individual because the individual has opposed a discriminatory practice, filed a complaint, or testified or assisted in any proceeding regarding discriminatory practices.
• Aid, abet, compel, or coerce an individual to engage in a discriminatory practice.
• Print or circulate any advertisement or application for employment that expresses any limitation, specification, or discrimination as to age.
According to the Hawaii Civil Rights Commission's rules on age discrimination, it is unlawful for an employer to publish advertisements for employment using phrases such as "young," "recent college graduates," or "retired person" (HI Admin. Code Sec. 12-46-133).
BFOQ. It is permissible to hire an individual on the basis of age because of a BFOQ reasonably necessary to the essence of the particular business (e.g., hiring actors to portray individuals of a certain age, or hiring persons to advertise goods designed for a specific age ...

Read more about Age Discrimination