The Hawaii Employment Practices Act prohibits employment practices that discriminate on the basis of disability. Employers are prohibited from requiring an applicant or employee to submit to a genetic test as a condition of employment. The Law covers all public and private employers, regardless of size (HI Rev. Stat. Sec. 378-1 et seq.).
The term “disability” means a physical or mental impairment that substantially limits one or more major life activities, having a record of such an impairment, or being regarded as having such an impairment.
The term “being regarded as having such an impairment” includes a situation in which an employer considers the genetic information of an individual or the individual's family members or the individual's refusal to submit to a genetic test as a condition of employment.
Americans with Disabilities Act (ADA) compared. Amendments have changed the ADA's definition of a "regarded as" disability. Under the amended ADA, a person is regarded as having an ADA disability if he or she is subjected to an adverse employment action (e.g., demotion or firing) because of an actual or perceived impairment. The impairment does not have to substantially limit a major life activity in order to meet the definition of a regarded as disability.
Additional information is available.
An employer may refuse employment where a direct threat is posed to the health or safety of the applicant, employee, or others in the workplace. “Direct threat” means a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation.